Nor does Wis. Stat. § 814.04 have any language contradicting Wis. Stat. § 885.38(3) which provides for the taxation of certain costs of the prevailing party against the losing party and nowhere includes court appointed interpreters. The term “costs” in the two statutes discussed and in Wisconsin law in general has a special meaning in the context of litigation. See State v. Foster, 100 Wis. 2d 103, 106, 301 N.W.2d 192 (1981). “[A]ny award of a ‘cost’ which is not specifically authorized by a Wisconsin statute constitutes an error of law that must be reversed.” Kleinke v. Farmers Coop. Supply & Shipping, 202 Wis. 2d 138, 147, 549 N.W.2d 714 (1996). Where the Legislature has chosen to give the courts authority to tax a party with the court’s costs it has done so, for example, in the case of a court appointed expert witness discussed above. Neither Wis. Stat. § 907.06 nor Wis. Stat. § 814.04 provide authorization for a court taxing any party or litigant with necessary courtroom proceeding interpretation services. 3. For a civil forfeiture, can the unreimbursed amount be taxed under §778.06? Wisconsin Stat. § 778.06 provides as follows: When a forfeiture is imposed . . . the action may be brought for the highest sum specified, plus costs, fees, and surcharges imposed under ch. 814; and judgment may be rendered for such sum as the court or jury shall assess or determine to be proportionate to the offense. As discussed above, there does not appear to be any authority within Wis. Stat. ch. 814 to impose courtroom interpreter compensation as a cost, fee, or surcharge upon any party to litigation including a defendant in a civil forfeiture action. 4. In a municipal court, can the cost of an interpreter be taxed as a cost under §800.09? Wisconsin Stat. § 800.09(1), like Wis. Stat. § 778.06, permits the taxation of “costs, fees, and surcharges imposed under ch. 814” on a defendant found guilty in a municipal court. As before, the lack of any clear language in Wis. Stat. ch. 814 classifying interpreter costs as a cost, fee, or surcharge, coupled with the public expense language of Wis. Stat. § 885.83(3) renders Wis. Stat. § 800.09 unavailable as a method for charging back the costs of necessary courtroom interpreters. 5. Can the court tax unreimbursed interpreter travel costs?
and
6. Can the court tax the amount that is reimbursed by the state – the first $30 or $40 per hour?
Wisconsin Stat. § 885.83(3) as amended provides that, when a person has limited English proficiency and an interpreter is necessary, the court is to advise the qualified individual that he or she has a right to an interpreter at the public’s expense. This language, coupled with the fact that no other statutory language exists providing taxation of the costs for necessary interpreters, precludes courts from taxing unreimbursed or reimbursed interpreter costs whether for travel or compensation. 7. For any of these questions, does it matter if the defendant is indigent or not?
As noted above, the prior version of Wis. Stat. § 885.38(8), provided for the provision of necessary interpreters only where the qualified individual was indigent or could not afford one. These clauses were deleted from the statute, demonstrating the Legislature’s intent to provide this service at public expense regardless of ability to pay. Federal civil rights laws also do not make such a distinction. Thus, for any of the questions you have posed, it does not matter if the defendant is indigent or not. If a court interpreter is necessary, then the county must assume the expense. Sincerely,
J.B. Van Hollen
Attorney General
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