Do court-appointed criminal interpreters have to translate documents for the prosecutor?

TX AG Opinion GA-0696: Must a court interpreter translate for the prosecutor?

Plain-English summary

A district attorney asked about the duties and pay of foreign-language interpreters appointed under Code of Criminal Procedure article 38.30. The specific questions were whether such an interpreter must translate foreign-language materials for the district attorney while preparing a criminal case, whether that work falls under the article's compensation provisions, and whether the commissioners court must fund translation services the prosecutor needs for trial.

The Attorney General read article 38.30 narrowly. Subsection (a) provides that when a motion for an interpreter is filed, or the court acts on its own, and it is determined that a person charged or a witness does not understand and speak English, an interpreter must be sworn to interpret for that person or witness. That role is to appear before the judge or court and interpret in the proceeding. The statute does not require the interpreter to translate documents for the district attorney in preparation for the case. Subsections (b) and (c), which provide for paying interpreters appointed "under the terms of this article" from the county general fund, therefore do not cover translation work done for the prosecutor's trial preparation.

On funding, the opinion explained that a prosecuting attorney, here a county attorney performing the duties of a district attorney, receives expense funding from both the state and the county, and a county may not cut what it provides for the prosecutor's salary or office because of state funding. The commissioners court has authority to prepare the county budget, but a court can enjoin it from adopting a budget that fails to provide essential funding for a prosecuting attorney's office. Whether any particular budget is adequate raises fact questions an attorney general opinion cannot resolve.

Currency note

This opinion was issued in 2009. Subsequent statutory amendments, court decisions, or later AG opinions may have changed the analysis. Treat this page as historical context, not current legal advice. Verify current law before relying on any specific rule, deadline, or remedy mentioned here.

Article 38.30 and the Government Code provisions on prosecutor funding have been amended since 2009. Confirm the current statutes before relying on this analysis.

Who this opinion affected (as of 2009)

Court-appointed interpreters: The opinion concluded that an article 38.30 interpreter's duty ran to interpreting in the proceeding for the witness or accused, not to translating documents for the prosecutor, and that article 38.30 pay did not cover the latter.

District and county attorneys: The opinion explained that prosecutors drew expense funding from both the state and the county, and that translation help for trial prep was not an interpreter duty the county owed under article 38.30.

Commissioners courts: The opinion noted the commissioners court controls the budget but can be enjoined from failing to provide essential funding for a prosecutor's office, with budget adequacy a fact question outside an AG opinion.

Common questions

Does a court interpreter have to translate the DA's documents?
The opinion said no. Article 38.30 requires the interpreter to interpret in the proceeding for a witness or the person charged, not to translate materials for the district attorney's trial preparation.

Is that translation work paid under article 38.30?
No. The opinion concluded that because such work is not an article 38.30 duty, the article's compensation provisions do not cover it.

Must the county pay for the prosecutor's translation needs?
The opinion explained that the commissioners court prepares the budget but can be enjoined from adopting one that fails to provide essential funding for a prosecutor's office, while the adequacy of any specific budget is a fact question an AG opinion cannot answer.

Background and statutory framework

Code of Criminal Procedure article 38.30(a) directs that when it is determined a person charged or a witness does not understand and speak English, an interpreter must be sworn to interpret for that person or witness in the proceeding (Tex. Code Crim. Proc. Ann. art. 38.30(a) (Vernon Supp. 2008)). Subsections (b) and (c) provide for compensating interpreters appointed "under the terms of this article" from the county general fund (id. art. 38.30(b)-(c)). A prosecuting attorney, including a county attorney performing the duties of a district attorney, receives expense funding from both the state and the county, and the county may not reduce funding for the prosecutor's salary or office because of state funding (Tex. Gov't Code Ann. §§ 41.101 (Vernon 2004), 46.002(3), 46.004(a) (Vernon Supp. 2008), 46.006(b) (Vernon 2004)). The commissioners court prepares the county budget but can be enjoined from adopting one that fails to provide essential funding for a prosecutor's office (Randall County Comm'rs Ct. v. Sherrod, 854 S.W.2d 914, 920-21 (Tex. App.-Amarillo 1993, no writ)), and the adequacy of a particular budget raises fact questions outside an attorney general opinion (Tex. Att'y Gen. Op. No. GA-0459 (2006) at 3-4).

Citations

Statutes:

• Tex. Code Crim. Proc. Ann. art. 38.30(a)-(c) (Vernon Supp. 2008)
• Tex. Gov't Code Ann. § 41.101 (Vernon 2004)
• Tex. Gov't Code Ann. §§ 46.002(3), 46.004(a) (Vernon Supp. 2008)
• Tex. Gov't Code Ann. § 46.006(b) (Vernon 2004)

Cases:

• Randall County Comm'rs Ct. v. Sherrod, 854 S.W.2d 914, 920-21 (Tex. App.-Amarillo 1993, no writ)
• Tex. Att'y Gen. Op. No. GA-0459 (2006)

Source

• Landing page: https://www.texasattorneygeneral.gov/opinions/greg-abbott/ga-0696
• Original PDF: https://www.texasattorneygeneral.gov/sites/default/files/opinion-files/opinion/2009/ga0696.pdf

Original opinion text

Best-effort transcription from a scanned PDF. Minor errors may remain — the linked PDF is authoritative.

ATTORNEY GENERAL OF TEXAS

GREG ABBOTT

February 27, 2009

The Honorable Armando R. Villalobos
Cameron County District Attorney
Cameron County Courthouse
Post Office Box 2299
Brownsville, Texas 78522-2299

Opinion No. GA-0696

Re: Duties and compensation of foreign-language interpreters appointed under Code of Criminal Procedure article 38.30 (RQ-0739-GA)

Dear Mr. Villalobos:

You inquire about the duties and compensation of foreign-language interpreters appointed under Code of Criminal Procedure article 38.30.[1] You ask whether the interpreters must translate foreign language materials for the district attorney in preparation for a criminal proceeding and whether such work for the district attorney is subject to the compensation provisions of article 38.30(b) and (c). See Request Letter at 1.

Code of Criminal Procedure article 38.30(a) provides in part:

When a motion for appointment of an interpreter is filed by any party or on motion of the court, in any criminal proceeding, it is determined that a person charged or a witness does not understand and speak the English language, an interpreter must be sworn to interpret for the person charged or the witness. Any person may be subpoenaed, attached or recognized in any criminal action or proceeding, to appear before the proper judge or court to act as interpreter therein . . . .

TEX. CODE CRIM. PROC. ANN. art. 38.30(a) (Vernon Supp. 2008).

An interpreter appointed pursuant to article 38.30 by the court in a criminal proceeding must appear before the judge or court to interpret for a witness or the person charged. Id. This provision does not require him to translate foreign language materials for the district attorney in preparation for criminal proceedings. See id. Subsections (b) and (c) of article 38.30 provide for compensating interpreters appointed "under the terms of this article" from the county's general fund. Id. art. 38.30(b)-(c). Interpreters appointed under article 38.30 do not perform translation work for the district attorney in preparation for a criminal proceeding, and accordingly compensation under article 38.30 does not cover such work. See id. art. 38.30(a)-(c).

You also ask whether the Cameron County Commissioners Court must provide funding for translation services needed by the district attorney to prepare for trial. Request Letter at 1-2. As a county attorney performing the duties of a district attorney,[2] you are a prosecuting attorney who receives funding for expenses from both the state and the county. See, e.g., TEX. GOV'T CODE ANN. § 41.101 (Vernon 2004); id. § 46.004(a) (Vernon Supp. 2008). A county may not reduce the funding it provides for the prosecutor's salary or office as a result of state funding. Id. § 46.006(b) (Vernon 2004). The commissioners court has authority to prepare the county budget, but it can be enjoined from adopting a budget that fails to provide essential funding for a prosecuting attorney's office. See Randall County Comm'rs Ct. v. Sherrod, 854 S.W.2d 914, 920-21 (Tex. App.-Amarillo 1993, no writ). The adequacy of a particular budget raises fact questions that cannot be answered in an attorney general opinion. See Tex. Att'y Gen. Op. No. GA-0459 (2006) at 3-4.

[Footnote 2: See TEX. GOV'T CODE ANN. § 46.002(3) (Vernon Supp. 2008).]

SUMMARY

Foreign language interpreters appointed pursuant to Code of Criminal Procedure article 38.30 in a criminal proceeding are required to interpret for a witness or the person charged. They are not required to perform translation work for the district attorney in preparation for a criminal proceeding, and their compensation under article 38.30 does not cover such work. The commissioners court has authority to prepare the county budget, but it can be enjoined from adopting a budget that fails to provide essential funding for a prosecuting attorney's office.

GREG ABBOTT
Attorney General of Texas

ANDREW WEBER
First Assistant Attorney General

JONATHAN K. FRELS
Deputy Attorney General for Legal Counsel

NANCY S. FULLER
Chair, Opinion Committee

Susan L. Garrison
Assistant Attorney General, Opinion Committee