28 U.S.C. § 1828 — Special interpretation services
submitted 48 years ago by Pub. L. 95-539 to r/title-28-JUDICIARY-AND-JUDICIAL-PROCEDURE · 324 words · no verdicts yet
The Director must create a program for special interpretation services in specified Federal court cases, including simultaneous interpretation in multidefendant cases. The section sets rules for requested services, payment, reimbursement, and allocation of costs.
(a) The Director of the Administrative Office of the United States Courts must establish a program providing special interpretation services in criminal actions and civil actions brought by the United States in a United States district court*, including qualifying habeas-corpus petitions. The program must be able to provide simultaneous interpretation in criminal and civil actions with multiple defendants.
(b) If a person asks for these services in an action where the subsection (a) services are not otherwise provided, the Director, with the presiding judicial officer’s approval, may provide them on a reimbursable basis at rates set consistently with section 9701 of title 31. The Director may require the requesting person to pay estimated expenses in advance.
(c) Unless this subsection provides otherwise, the Director pays subsection (a) service expenses from Federal-judiciary appropriations. In a civil action, the presiding judicial officer may order all or part of the expenses divided among the parties or treated as costs. Money collected under that order may reimburse the appropriations used for the services.
(d) Appropriations available to the Director may pay for services under subsection (b), and money the Director collects under that subsection may reimburse the appropriations charged for them. The presiding judicial officer may order all or part of the expenses divided among parties or treated as costs in the action.
The Director of the Administrative Office of the United States Courts shall establish a program for the provision of special interpretation services in criminal actions and in civil actions initiated by the United States (including petitions for writs of habeas corpus initiated in the name of the United States by relators) in a United States district court*. The program shall provide a capacity for simultaneous interpretation services in multidefendant criminal actions and multidefendant civil actions.
Upon the request of any person in any action for which special interpretation services established pursuant to subsection (a) are not otherwise provided, the Director, with the approval of the presiding judicial officer, may make such services available to the person requesting the services on a reimbursable basis at rates established in conformity with section 9701 of title 31, but the Director may require the prepayment of the estimated expenses of providing the services by the person requesting them.
Except as otherwise provided in this subsection, the expenses incident to providing services under subsection (a) of this section shall be paid by the Director from sums appropriated to the Federal judiciary. A presiding judicial officer, in such officer’s discretion, may order that all or part of the expenses shall be apportioned between or among the parties or shall be taxed as costs in a civil action, and any moneys collected as a result of such order may be used to reimburse the appropriations obligated and disbursed in payment for such services.
Appropriations available to the Director shall be available to provide services in accordance with subsection (b) of this section, and moneys collected by the Director under that subsection may be used to reimburse the appropriations charged for such services. A presiding judicial officer, in such officer’s discretion, may order that all or part of the expenses shall be apportioned between or among the parties or shall be taxed as costs in the action.
Source credit: (Added Pub. L. 95–539, § 2(a), Oct. 28, 1978, 92 Stat. 2042; amended Pub. L. 97–258, § 3(g), Sept. 13, 1982, 96 Stat. 1065.)
- 1978Enacted · Pub. L. 95-539 · 92 Stat. 2042
- 1982Amended · Pub. L. 97-258 · 96 Stat. 1065
A history note hasn’t been published yet. The record shows enactment by Pub. L. 95-539 on 1978-10-28.
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