Relating to the appointment of an interpreter in a criminal proceeding.

Contracts

• Language Service Providers (LSPs): Audit Master Services Agreements immediately. Insert warranties requiring vendors to dispatch only interpreters licensed under Texas Government Code Chapter 57 for criminal matters.
• Indemnification: Strengthen clauses to hold vendors liable for costs associated with mistrials or appeals resulting from the provision of unlicensed or unqualified personnel.

Hiring/Training

• Intake Procedures: Defense counsel and corporate investigators must amend intake checklists to assess language proficiency immediately.
• Motion Practice: Staff must be trained to file a Motion for Appointment of an Interpreter proactively; reliance on the judge to initiate this process is no longer procedurally sound.

Reporting & Record-Keeping

• Credential Verification: Maintain a compliance file containing current state licensure copies for every interpreter utilized.
• Exception Documentation: If utilizing the "slang/dialect" exception to use an unlicensed intermediary, you must document the specific linguistic reasons the licensed interpreter was insufficient to survive appellate scrutiny.

Fees & Costs

• Vendor Rates: Anticipate a rate increase for interpretation services. Licensed professionals command higher fees than ad-hoc interpreters.
• Budgeting: Adjust FY2025-2026 litigation budgets to account for strictly licensed vendor usage.