日志
网教：民事被告能否法院配翻译
热度 3 |||
杨文彬在他的动议to quash service 中写道：“because of his limited English proficiency, he has difficulties in participating telephone court hearing." 根据这一条他要求以书面形式参见法庭的听证。对此声称英语不行不能参见交互听证的说法，我当然会加以反对。
另外，针对杨文彬说加州法院对他不方便，我会指出他再三要求上加州法院”灭了”我，还可以顺便到加州玩的种种说法。
在贺梅案中，贺绍强是以相当流利的英文作证，罗秦说自己英语不好，需要翻译。在一处，对方律师问了一个问题，罗秦用英语回答：“Mr. Parrish filed a legal motion." 法官裘得斯在判决中说罗秦在演戏。法官写道：
法官的意思似乎是罗秦其实能说更多英语，假装不会，这样有时间可以思考对答。最后，法官裁决罗秦完全没有可信度。【Although Mrs. He does not speak the English language fluently, she appears to speak and understand English better than she professes. For example, Mrs. He spoke English during some of the Hes’ visits with AMH at the Bakers’ home and when Mrs. He took the Hes’ other children for medical treatment. She also spoke English during the incident when she was holding a sign outside of the Bakers’ home, and the Bakers’ neighbor, Rebecca Smith, asked Mrs. He to move her car, and she spoke English during the December 2003, incident at the Wal-Mart store. During the trial, in response to a question from attorney Linda Holmes, Mrs. He responded to the question by speaking in English, before the interpreter had begun interpreting Ms. Holmes’ question to Mrs. He. Mrs. He said, “Mr. Parrish filed legal motion,” then she stopped speaking English and began responding to the question in Chinese.】
一般来说，只有刑事被告法庭才会给翻译，须知这种翻译是需要花纳税人很多钱的。为什么罗秦有翻译呢？这是因为剥夺父母权涉及剥夺基本权利，需要更高程度的 due process.
根据加州最高法院案例，”No statutory basis exists for appointment of an interpreter at public expense to assist non-English speaking litigants. “
