CAUSE NO.________________

STATE OF TEXAS				§		IN THE ______________ COURT
					§

V.		§		OF _________ COUNTY, TEXAS
					§
[DEFENDANT]				§		______TH JUDICIAL DISTRICT

MOTION FOR APPOINTMENT OF INTERPRETER

TO THE HONORABLE JUDGE OF SAID COURT:
	Comes Now _________________________, the Defendant herein, by and through Counsel, and would show unto the Court as follows:
I.
	Defendant herein is of ____________________ heritage, [or is deaf] and does not speak or understand the English [or spoken] language to such an extent as to be able to assist in the defense of the present case.  The Defendant’s native language is ______________.
II.
	The attorney for the Defendant does not speak the Defendant’s language and thus is unable to communicate effectively with the Defendant.  As defense counsel cannot communicate effectively with the Defendant, counsel cannot render effective assistance of counsel.  In order for Defendant to have effective assistance of counsel and to be effectively present and understand the proceedings in this case, it is necessary that the Court appoint an interpreter to translate English to the Defendant’s native language [or sign language], ________________ and from ________________ into English for the benefit of the Defendant.  The interpreter should be appointed immediately in order to assist the Defendant in the preparation of his defense and for all proceedings in this case.  Appointment of an interpreter is necessary to preserve Defendant's rights under the Fifth, Sixth and Fourteenth Amendments to the United States Constitution, Article I, Sections 10 and 19 of the Texas Constitution, and Articles 1.04, 1.05, 1.051 of the Texas Code of Criminal Procedure.
III.
	In order to preserve the attorney/client privilege, it is necessary that any interpreter appointed by the Court herein be independent from, and in no way associated with, the Prosecution, law enforcement, or the courthouse community.  Defendant would pray that defense counsel be authorized to employ such interpreter, thus making any pre-trial communications between the Defendant and counsel, as translated by the interpreter, privileged communications between attorney, client and agent of counsel.  The Defendant requests that the County pay for the expense of such translation services by any interpreter appointed pursuant to this Motion, as provided by Article 38.30, Texas Code of Criminal Procedure [or 38.31 Interpreter for Deaf Persons].

	WHEREFORE, PREMISES CONSIDERED, Defendant herein would pray for the immediate appointment of an interpreter fluent in the ____________________ language, and for the payment of any costs of such interpreter by the County Auditor.
							Respectfully Submitted,

							___________________________________
							Attorney Name
							State Bar Number
							Address
							City, State, Zip
							Phone 
							Fax
							
							Attorney for Defendant
							***

CERTIFICATE OF SERVICE

	This is to certify that a true and correct copy of the foregoing Motion for Appointment of Interpreter was served upon the attorney for the State on_______________, 200___.

							___________________________________
							Attorney for Defendant

CAUSE NO.________________

STATE OF TEXAS				§		IN THE ______________ COURT
					§

V.		§		OF _________ COUNTY, TEXAS
					§
[DEFENDANT]				§		______TH JUDICIAL DISTRICT

ORDER ON DEFENDANT’S MOTION FOR
APPOINTMENT OF INTERPRETER

	BE IT REMEMBERED, that on the ______ day of _______________, 200___, came  to be considered the above and foregoing Defendant’s Motion for Appointment of Interpreter.
	After consideration of the motion and argument of counsel, the motion is:
	__________	(GRANTED, and IT IS HEREBY ORDERED that an interpreter fluent in the ____________________ language be appointed in this cause.  The cost of such interpreter shall be borne by __________ County, upon presentation of adequate evidence of time actually incurred in this regard.  Defense counsel is authorized to select an interpreter suitable to Defendant for this purpose.)
	__________	(DENIED, to which ruling the Defendant excepts.)
	__________	(SET FOR HEARING ON THE ______ day of _______________, 200___, at ______ o'clock ____.)
				SIGNED on _______________________________, 200___.

							___________________________________ 
							JUDGE PRESIDING