October 24, 2008     OAG—9A—08  
Mr. A. John Voelker
Director of State Courts
16 East, State Capitol

Madison, WI 53702
Dear Mr. Voelker:
  You have asked whether the recently amended Wis. Stat. § 885.38(3), providing for court interpreters at public expense, permits the state courts to tax interpreter costs upon parties to litigation. It is my opinion that, by amending the statute, the Legislature intended for the courts to provide necessary interpreters for both the hearing impaired and for those of limited English proficiency regardless of their ability to pay, and that courts may not tax the parties for these costs.
RELEVANT STATUTES
Wis. Stat. § 885.38(3)(a)[1]:
  If the court determines that the person has limited English proficiency and that an interpreter is necessary, the court shall advise the person that he or she has the right to a qualified interpreter at the public’s expense if the person is one of the following [party, witness, alleged victim, parent of a minor party, legal guardian, a person affected by the proceedings if determined appropriate by the court.]
Wis. Stat. § 885.38(8)(a)[2]:
  Except as provided in par. (b), the necessary expenses of providing qualified interpreters to persons with limited English proficiency under this section shall be paid as follows:
  1. The county in which the circuit court is located shall pay the expenses in all proceedings before a circuit court and when the clerk of circuit court uses a qualified interpreter under sub. (3)(d). The county shall be reimbursed as provided in s. 758.19(8) for expenses paid under this subdivision.
  2. The court of appeals shall pay the expenses in all proceedings before the court of appeals.
  3. The supreme court shall pay the expenses in all proceedings before the supreme court.
  (b) The state public defender shall pay the expenses for interpreters assisting the state public defender in representing an indigent person in preparing for court proceedings.
Wis. Stat. § 885.38(1)(b):