Can a defendant waive his right to receive translation services provided by a court interpreter under the Court Interpreters Act?

MultiRegion, United States of America

The following excerpt is from U.S. v. Huang, 960 F.2d 1128 (2nd Cir. 1992):

The Court Interpreters Act requires that interpreters used in proceedings instituted by the United States be certified or otherwise qualified. See 28 U.S.C. 1827(d)(1). Its provisions are designed to insure the quality of interpretations. See, e.g., id. 1827(b)(2); United States v. Villegas, 899 F.2d 1324, 1348 (2d Cir.) ("Implicit in [the qualification] requirement is the notion that the interpreter should be competent to render accurate translations."), cert. denied, --- U.S. ----, 111 S.Ct. 535, 112 L.Ed.2d 545 (1990). Nonetheless, though the Act speaks in mandatory terms as to the duty of the court to establish an interpreter program to protect the rights of a defendant whose only or primary language is other than English, it does not preclude a defendant from waiving his right, for example, to receive translation services, see, e.g., 28 U.S.C. 1827(f)(1) (after consultation with counsel and with leave of the court, "[a]ny individual other than a witness who is entitled to interpretation under subsection (d) of this section may waive such interpretation in whole or in part"); nor does it preclude him from waiving any objection he may have to the certification or performance of a translator for a witness.

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