Hernandez v. CommonwealthAnnotate this Case
The Supreme Court affirmed, albeit on different grounds, the decision of the court of appeals dismissing Appellant's appeal from a trial court order not authorizing payment of the full amount of an interpreter's invoiced bill, holding that statutory obligation for payment made the current proceeding inappropriate for resolution of this matter.
The public defender's office requested and received approval from the circuit court for interpreting services with respect to Defendant's interview with the police department. The circuit court initially authorized the interpreting services and subsequent orders approved and/or reduced the interpreter's fee. After Defendant was convicted he filed a motion for reconsideration of expert witness fees challenging the trial court's reduction of the interpreter's fees. The trial court declined to approve additional funds. Defendant appealed the order. The court of appeals dismissed the appeal on grounds that the appeal was not timely filed and that an indispensable party - the interpreter - was not named in the notice of appeal. The Supreme Court affirmed, holding that payment for the interpreter's services was, by statute, a matter between her and the public defender's office, the requesting agency.