§1828 — Title 28 Judiciary and Judicial Procedure | U.S. Code

Summary

The Director of the Administrative Office of the United States Courts must set up a program to provide special interpretation services in criminal cases and in civil cases the United States brings, including certain habeas corpus petitions. The program must be able to give simultaneous interpretation when there are multiple defendants. If someone asks for these services in a case where they are not already provided, the Director, with the judge’s approval, can offer them for a fee at rates set under 31 U.S.C. 9701 and may require prepayment of estimated costs. Normally, the Federal judiciary pays for the services from its budget. The judge can order that all or part of the cost be split among the parties or charged as court costs, and any money collected must be used to repay the funds spent.

Title 28, §1828

Judiciary and Judicial Procedure — Source: USLM XML via OLRC

(a)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.

(b)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.

(c)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.

(d)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.

Notes & Related Subsidiaries

Editorial Notes

Amendments

1982—Subsec. (b). Pub. L. 97–258 substituted “section 9701 of title 31” for “section 501 of the Act of August 31, 1951 (ch. 376, title 5, 65 Stat. 290; 31 U.S.C. 483a)”.

Statutory Notes and Related Subsidiaries

Effective Date

Section effective ninety days after Oct. 28, 1978, see section 10(b) of Pub. L. 95–539, set out as an

Effective Date

of 1978 Amendment note under section 602 of this title.

§1828 Special interpretation services

Summary

Title 28, §1828

Notes & Related Subsidiaries

Editorial Notes

Amendments

Statutory Notes and Related Subsidiaries

Effective Date

Effective Date

Citations & Metadata