Carreon

Located in the central area of California where many non-English-speaking people live, we are not surprised by the number of recent appeals which have raised questions concerning the right of a defendant in a criminal case to a personal, sworn interpreter. Oral argument in three such cases having just been concluded, we publish this opinion and use it by reference in the others.

It is not disputed that defendant’s first language is Spanish and that his grasp of English is sufficiently limited to have required the services of an interpreter. A defense interpreter was provided him at some, but not all, of the judicial proceedings. Of particular importance is the fact that at the preliminary examination, the appointed defense interpreter was borrowed to interpret witnesses’ testimony for the court. The “Case of the Borrowed Interpreter” is a recurring problem which has already generated significant concern by two appellate courts of this state.

Generally, we agree with recent cases upholding the right to a personal defense interpreter throughout all phases of the criminal proceedings, without interruption, unless expressly waived on the record by the defendant after advice…