Who pays a court interpreter for an indigent defendant in Tennessee, the county or the state's indigent defense fund?

Plain-English summary

A trial court can appoint an interpreter for an indigent criminal defendant who needs one. The cost of that interpreter is one of the expenses the State of Tennessee pays through the indigent defense fund, administered by the Administrative Office of the Courts (AOC) under Tennessee Supreme Court Rule 13. Rep. Eric Watson asked two practical questions about how that payment works: (1) does the county pay the interpreter and then get reimbursed, or does the interpreter bill the AOC directly? (2) if the county does pay first, can it hold off paying the interpreter until the AOC sends the money?

The AG answered each by reading Tenn. Sup. Ct. R. 13, § 4(d). The rule actually has two paths, depending on whether the county has chosen to maintain its own credentialed interpreter staff.

Path 1 (default): Interpreter bills the AOC directly. Under Rule 13, § 4(d)(9), claims for compensation of interpreters and translators are "submitted by interpreters to the AOC on forms provided by the AOC." The forms must be signed by either the court or counsel and must include a copy of the order appointing the interpreter. The interpreter is paid directly out of the indigent defense fund.

Path 2 (optional, county reimbursement): Under Rule 13, § 4(d)(10), counties may utilize credentialed interpreters on a full-time basis. The opinion also refers to full-time or part-time use. A county seeking reimbursement contacts the AOC about the amount and method of payment. The AOC reimburses eligible services under the resulting agreement, subject to the rule's rate limit.

The AOC is given discretion in the rule to determine "in what amounts and by what method said reimbursement shall be made." That means each county's Path 2 arrangement is governed by its specific AOC agreement, not by a one-size-fits-all rule.

The AG declined to give a general answer on whether a county may withhold payment from an interpreter while awaiting AOC reimbursement. The answer depends on the county's agreement with the AOC and the terms of its relationship with the interpreter, including whether the interpreter is a full-time employee, part-time employee, or independent contractor.

In sum, under the rule reviewed in 2010, interpreters generally submitted claims directly to the AOC. Counties using credentialed interpreters could seek reimbursement pursuant to an agreement with the AOC. A current question requires checking the rule now in force.

Currency note

This opinion was issued in 2010. 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.

The opinion describes Rule 13 and AOC reimbursement as of May 2010. Check the current rule and AOC procedures for a present-day claim.

Common questions

Q: When does an indigent defendant get an appointed interpreter in Tennessee?
A: Under Tenn. R. Crim. P. 28 and Tennessee Supreme Court Rule 42, § 3, a trial court can appoint an interpreter for a criminal defendant when the defendant needs one to understand the proceedings. Indigent defendants in proceedings where they have a statutory or constitutional right to appointed counsel get the interpreter at no cost to them; the costs are paid out of the State's indigent defense fund under Tenn. Sup. Ct. R. 13, § 4(d).

Q: Who is the AOC?
A: The Administrative Office of the Courts. It is the administrative arm of the Tennessee judicial branch, responsible for processing indigent-defense claims (counsel, expert witnesses, interpreters, etc.) and administering the indigent defense fund. The AOC operates under the supervision of the Tennessee Supreme Court.

Q: Does the county ever have to pay an appointed interpreter from county funds?
A: The opinion says a county is not required to seek AOC reimbursement unless it chooses to use credentialed interpreters full or part time. Generally, the interpreter submits the claim directly to the AOC.

Q: Why might a county prefer Path 2?
A: The quoted rule says counties may use credentialed interpreters to facilitate the prompt and efficient disposition of proceedings involving people with limited English proficiency. The opinion does not identify particular counties or payroll arrangements.

Q: What is the cap on interpreter compensation?
A: Under Tenn. Sup. Ct. R. 13, § 4(d)(10), the AOC reimbursement to a county cannot exceed the rates provided in the rule. The opinion does not address other amounts a county might pay an interpreter.

Q: Can a county withhold payment from a part-time interpreter until the AOC reimburses?
A: The AG declined to give a general opinion. It said the answer depends on the county's agreement with the AOC and the terms of its relationship with the interpreter. Whether the interpreter is a full-time employee, part-time employee, or independent contractor affects the county's obligations.

Q: What if there is no indigent defense fund money available?
A: The opinion does not address fund exhaustion or how it would affect payment.

Background and statutory framework

Court appointment. The opinion says a trial court may appoint an interpreter in a criminal proceeding under Tenn. Sup. Ct. R. 42, § 3, and cites Tenn. R. Crim. P. 28. It describes when reasonable interpreter costs may be assessed against the indigent defense fund.

The funding source. When the defendant is indigent and entitled to appointed counsel, the State pays interpreter costs through the indigent defense fund under Tenn. Sup. Ct. R. 13, § 4(d). The AOC administers the fund.

Rule 13, § 4(d)(9) (Path 1). "Claims for compensation of interpreters and translators shall be submitted by interpreters to the AOC on forms provided by the AOC. The forms must be signed by either the court or counsel. The interpreter's submission to the AOC must also include a copy of the court's order appointing the interpreter/translator."

This is the default. The interpreter is appointed, performs the work, and submits a claim directly to the AOC. The AOC pays the interpreter.

Rule 13, § 4(d)(10) (Path 2). "To facilitate the prompt and efficient disposition of proceedings which involve individuals with LEP ['limited English proficiency'], counties may wish to utilize credentialed interpreters on a full-time basis. If a county does so, the AOC will reimburse the county for those services for which an interpreter would be entitled to compensation pursuant to this rule. The rate of compensation will depend upon the rate at which the county routinely compensates the interpreter, but under no circumstances will the compensation exceed the rates provided for in this rule. Counties wishing to be reimbursed for these expenses shall contact the AOC, which will determine in what amounts and by what method said reimbursement shall be made."

The opinion says a county using credentialed interpreters full or part time may seek reimbursement from the AOC under an agreement setting the method and amount.

The interplay between the two paths. Depending on the circumstances, either the interpreter may submit a claim directly to the AOC or a county may submit a claim under its agreement with the AOC. The opinion does not describe how often either path is used.

Why Question 2 has no general answer. The opinion notes that "the requirements with respect to compensation of interpreters utilized by a county will depend upon the nature and terms of the relationship between the county and the interpreter. Most importantly, whether the interpreter is a full-time employee, part-time employee, or an independent contractor will determine the county's obligations." It gives no general payroll timetable or ruling on withholding payment.

Citations and references

Statutes and court rules:

• Tenn. R. Crim. P. 28 (interpreters in criminal proceedings)
• Tenn. Sup. Ct. R. 13, § 4(d) (interpreter reimbursement)
• Tenn. Sup. Ct. R. 13, § 4(d)(9) (claims submitted to AOC)
• Tenn. Sup. Ct. R. 13, § 4(d)(10) (full-time county interpreter reimbursement)
• Tenn. Sup. Ct. R. 42, § 3 (court appointment of interpreter)

Source

• Landing page: https://www.tn.gov/attorneygeneral/opinions.html
• Original PDF: https://www.tn.gov/content/dam/tn/attorneygeneral/documents/ops/2010/op10-064.pdf

Original opinion text

May 6, 2010

Opinion No. 10-64

Compensation for Interpreters for Indigent Criminal Defendants

QUESTIONS

1. If an interpreter is appointed for an indigent defendant, is the county required to pay the interpreter's fee and then seek reimbursement from the indigent defense fund, or does the interpreter file a claim for services directly to the Administrative Office of the Courts as administrator of the indigent defense fund?

2. If the county is required to pay the interpreter directly and then seek reimbursement from the fund, may the county withhold payment from the interpreter until it receives payment from the indigent defense fund?

OPINIONS

1. Generally, claims for compensation of interpreters are submitted by the interpreter directly to the Administrative Office of the Courts (AOC). A county is not required to seek reimbursement from the AOC for interpreter services unless the county decides to "utilize credentialed interpreters on a full-time or part-time basis." If a county chooses to do so, the county must contact the AOC about the method and amount of reimbursement. The AOC will reimburse the county for interpreter services pursuant to that agreement.

2. A county is not required to seek reimbursement from the AOC for interpreter services unless the county decides to "utilize credentialed interpreters on a full-time or part-time basis" and contacts the AOC to determine the method and amount of reimbursement. Questions concerning compensation will depend upon the agreement between the county and the AOC and the agreement between the county and the interpreter. Therefore, this office cannot render a general opinion concerning whether the county may withhold payment from the interpreter until it receives reimbursement from the AOC.

ANALYSIS

1. In a criminal proceeding, an interpreter may be appointed by the trial court pursuant to Tennessee Supreme Court Rule 42, Section 3. See Tenn. R. Crim. P. 28. "Reasonable costs associated with an interpreter's services may be assessed against the indigent defense fund pursuant to Tennessee Supreme Court Rule 13 if the party is indigent and is involved in a proceeding in which he or she has a statutory or constitutional right to appointed counsel." Id.; see Tenn. Sup. Ct. R. 13, § 4(d). The rules governing reimbursement for interpreter services provide:

(9) Claims for compensation of interpreters and translators shall be submitted by interpreters to the AOC on forms provided by the AOC. The forms must be signed by either the court or counsel. The interpreter's submission to the AOC must also include a copy of the court's order appointing the interpreter/translator.

(10) To facilitate the prompt and efficient disposition of proceedings which involve individuals with LEP ["limited English proficiency"], counties may wish to utilize credentialed interpreters on a full-time basis. If a county does so, the AOC will reimburse the county for those services for which an interpreter would be entitled to compensation pursuant to this rule. The rate of compensation will depend upon the rate at which the county routinely compensates the interpreter, but under no circumstances will the compensation exceed the rates provided for in this rule. Counties wishing to be reimbursed for these expenses shall contact the AOC, which will determine in what amounts and by what method said reimbursement shall be made.

Tenn. Sup. Ct. R. 13, § 4(d)(9) and (10). Under these rules, depending upon the circumstances of a particular case, claims for compensation of interpreters may be submitted by the interpreter directly to the AOC or claims may be submitted by a county directly to the AOC pursuant to an agreement between the county and the AOC. A county is not required to seek reimbursement from the AOC for interpreter services unless the county decides to "utilize credentialed interpreters on a full-time or part-time basis" and contacts the AOC about the method and amount of reimbursement. If a county chooses to do so, the AOC will reimburse the county for the interpreters' services pursuant to the agreement reached with that county.

2. Pursuant to subsection (d)(10), cited previously, a county may "utilize credentialed interpreters on a full-time or part-time basis" and seek reimbursement for those services from the AOC pursuant to an agreement with the AOC. The rule provides that "[c]ounties wishing to be reimbursed for the expenses shall contact the AOC, which will determine in what amounts and by what method said reimbursement shall be made." Id. Because the rule grants the AOC discretion in determining the amount and method of reimbursement, the requirements imposed upon a county will depend upon the terms of a particular agreement between the county and the AOC. Additionally, the requirements with respect to compensation of interpreters utilized by a county will depend upon the nature and terms of the relationship between the county and the interpreter. Most importantly, whether the interpreter is a full-time employee, part-time employee, or an independent contractor will determine the county's obligations. For these reasons, this office cannot render a general opinion concerning whether the county may withhold payment from the interpreter until it receives reimbursement from the AOC.

ROBERT E. COOPER, JR.
Attorney General and Reporter

GORDON W. SMITH
Associate Solicitor General

MARK A. FULKS
Senior Counsel

Requested by:

The Honorable Eric Watson
State Representative
209 A, War Memorial Building
Nashville, TN 37243-0122