21 N.Y.3d 175 (2013)
A trial court has discretion to determine whether a court interpreter should be removed for bias, and that discretion is not abused when the court adequately questions the interpreter and finds no bias.
Summary
Thomas Lee was convicted of burglary and grand larceny. He appealed, arguing that the trial court erred in not replacing the court-appointed interpreter after defense counsel raised concerns about the interpreter’s acquaintance with the complainants. The New York Court of Appeals affirmed the conviction, holding that the trial court acted within its discretion. The court reasoned that the trial court adequately questioned the interpreter regarding potential bias and found no reason to believe the interpreter could not perform his duties impartially, especially since the interpreter was a state employee bound by an oath.
Facts
Thomas Lee and a co-defendant were charged with stealing property from the apartment of a husband and wife. At trial, the wife, who spoke Cantonese, required a court interpreter. The court-appointed interpreter informed the court that he was a “friend” of the complainant husband and had met the wife. The interpreter also knew the husband had previously served federal time but denied any discomfort in translating for the wife and claimed no knowledge of the case facts. Defense counsel sought to remove the interpreter due to the relationship and the husband’s alleged “intimidating violent nature.”
Procedural History
The trial court denied the request to replace the interpreter, and the defendant was convicted. The Appellate Division affirmed the conviction. The Court of Appeals granted leave to appeal.
Issue(s)
Whether the trial court abused its discretion by refusing defense counsel’s request to replace a state-employed court interpreter based on the interpreter’s acquaintance with the complainants.
Holding
No, because the trial court adequately questioned the interpreter about potential bias and reasonably concluded that the interpreter could perform his duties without prejudice.
Court’s Reasoning
The Court of Appeals held that trial courts have discretion in determining whether an interpreter is necessary, qualified, and biased. The court emphasized that it is the trial court that is “in the best position to determine whether an interpreter, once appointed, is biased in favor of a party or witness, thereby necessitating removal and replacement.” The court found that the trial court acted appropriately by questioning the interpreter about his relationship with the complainants and his knowledge of the case. The court also considered that the interpreter was a state employee who had taken an oath to faithfully discharge his duties. The court distinguished this case from Matter of James L., where the trial court failed to inquire into the bias and qualifications of an ad hoc interpreter. Here, the interpreter, as a state employee, could be presumed to understand his ethical obligations. The court stated, “As a state employee who had taken an oath to interpret, it can be presumed that the interpreter knew his ethical/professional obligations to translate the testimony verbatim. On the facts of this case, the court could have reasonably found that the danger the interpreter would distort complainant wife’s testimony was remote, particularly because he possessed no knowledge concerning the facts of the case.”