Justice Manual § 3-8.250

The Court Interpreters Act of 1978 requires the Director of the Administrative Office of the U.S. Courts (AOUSC), to “establish a program to facilitate the use of interpreters in courts of the United States.” The AOUSC will prescribe standards for interpreter qualifications and will certify the qualifications of individuals who may serve as interpreters in bilingual proceedings and in proceedings involving persons whose hearing is impaired.

All costs for interpreter services necessary to enable a party to comprehend the proceedings in the courtroom or in chambers, to communicate with counsel in the immediate environs of the courtroom in connection with ongoing judicial proceedings and to communicate with the presiding judicial officer are payable from funds appropriated to the judiciary. Interpreter services required by a criminal defendant to whom the government furnishes representation under the Criminal Justice Act are payable from funds appropriated to support that Act.

The USAO is generally chargeable only for interpreter services necessary to interpret the testimony of prospective government witnesses in the investigative stage. When the case goes to trial, those trial-related interpretive expenses can be funded under an expert witness agreement using resources from the Fees and Expenses of Witnesses (FEW) appropriation. Although testimony situations are the most common occasion for the use of interpreters, interpreters may also be engaged for services necessary to determine the course of litigation. They may be paid for, or provided, transportation, facilities, equipment or materials as necessary and appropriate to satisfy the United States Attorney’s requirements.

Interpreters are required to execute a written oath as prescribed by the AOUSC. The rate of compensation should be fixed by agreement with the interpreter before the interpreter renders the service required by the United States Attorney. Rates of compensation should correspond to rates paid by the court. The AOUSC regulation (Sec. 1.72) currently permits the presiding judicial officer to fix reasonable compensation according to the prevailing rates at the location where the designated interpreter regularly works.

It is the responsibility of investigative agencies to pay the costs to translate and transcribe recordings of foreign language telephone conversations obtained under authority of Title III of the Omnibus Crime Control and Safe Streets Act of 1968, 18 U.S.C. §§ 2510 to 2520.

[updated February 2018]

3-8.280 Payment of Expert Witnesses Appointed by the Court Under the Federal Rules of Evidence

Federal judges are allowed to appoint expert witnesses to assist the court in the performance of its duty on a particular case or proceeding under Fed.R.Evid. 706. The court may either appoint an expert of its own choosing or one agreed upon by both parties. The expert’s deposition may be taken by any party and he/she may be called to testify by the court or any party.

Criminal Proceedings and Civil Condemnation Proceedings. The compensation of expert witnesses appointed by the Court under Fed.R.Evid. 706 is treated as a litigative expense chargeable to the litigating agency of the government. 58 COMP.GEN. § 259 (1979). In those instances where the Department is the litigating agency, the expenses of the court- appointed expert witness are payable from the FEW appropriation.

Civil Proceedings. Fed.R.Evid. 706 provides that in other civil actions, the compensation of court-appointed experts shall be paid by the parties in such proportions and at such times as the court directs. Any compensation charged to the Department will be paid from the FEW appropriation.

Authorization and Payment Procedures. When the expert is appointed by the court and the United States is ordered to pay expenses, the United States Attorney should enter into an expert witness agreement with the expert and attach a copy of the court order appointing the expert witness under Fed.R.Evid. 706.

Exclusion Under Fed.R.Evid. 706. The appointment of expert witnesses for an indigent defendant in criminal cases or in civil habeas corpus cases is not provided under Fed.R.Evid. 706. In such instances, the Criminal Justice Act authorizes the court-appointed defense attorney to hire an expert witness on behalf of the indigent defendant. The expenses of the expert will be paid by the AOUSC from funds appropriated for the implementation of the Criminal Justice Act.