PDF: Weissenberg letter
A Spanish-language interpreter in Bradley County courts is challenging the way the county pays for services at the same time he is being investigated over allegations of double billing.
Mark Weissenberg wants to be paid for interpreting services he says he’s owed, some dating back nearly four years. A list of nearly 100 names of his clients totals $50,000 owed, based on Mr. Weissenberg’s records.
“I did the work, and I’m entitled to get paid,” he said.
Mr. Weissenberg said a TBI agent told him a few weeks ago he’s being investigated for charging defendants for services and then also trying to bill the court. He’s never done that, he said, but believes that his push to be paid for translation services has upset some in the court system and sparked retaliation.
“This was just an intimidation tactic,” Mr. Weissenberg said.
Bradley County Clerk of Courts Gayla Miller referred questions to County Attorney Joe Byrd. Mr. Byrd said he could not comment because the case is under investigation.
Tennessee Bureau of Investigation spokeswoman Kristin Helm confirmed that the agency initiated an investigation at the request of Bradley County District Attorney Steve Bebb.
Mr. Bebb said he could not comment because the case is under investigation.
Since 2006, Mr. Weissenberg has filed a stack of requests and correspondence with Bradley County courts and the Tennessee Administrative Office of the Courts for clarity on how he is to be paid.
Tennessee law spells out only payment for defendants declared indigent by the court. For all others, interpreter compensation is left up to the counties.
That can create problems, said Rob Cruz, a board member of the National Association of Judiciary Interpreters and Translators and the Tennessee Association of Professional Interpreters and Translators.
Some courts, such as ones in Bradley County, attach an hourly fee for translation services to the fines and court costs to be paid by the defendant.
But Mr. Cruz said that, based on a U.S. Department of Justice opinion, it is “not constitutional to ask a participant to pay for those interpreting services.”
“(Tennessee courts) say the interpreter should be paid by somebody, but they don’t tell them who,” Mr. Cruz said.
Certified or registered interpreters are required for all proceedings whenever a court determines that a defendant has only limited English proficiency. The state is required to reimburse interpreters for indigent defendants just as it would attorneys appointed for legal representation.
Where Mr. Weissenberg has had problems is when defendants need interpreters but have not been declared indigent. That happens most often in General Sessions Court, he said, before a judge has been asked to consider the defendant’s ability to pay.
No attorney has yet been assigned, either, but the moment the defendant first goes before a judge is crucial because the person must understand the charges he or she faces, Mr. Weissenberg said.
“They tell me I’ll get paid when they get paid,” he said.
Mr. Byrd wrote to Mr. Weissenberg in March, outlining the county attorney’s understanding of the law regarding interpreter compensation.
“Currently in Bradley County, when the Defendant pays the costs, the Court Clerk will issue payment to the interpreter,” the letter reads. “I have found no statute requiring a County advance the interpreter’s fees.”
Even compiling an accurate account of what he is owed has proved difficult, Mr. Weissenberg said.
He began keeping a written list noting the names and dates when he translated for someone in court. He said he’s tried to match those names with court records but has been told it would cost $10,000 to compile and copy the documents to produce such a list.
Mr. Weissenberg said he asked to view the records but instead was given a list of names with no corresponding dates, case numbers or number of visits.
The National Association of Judiciary Interpreters and Translators receives complaints about courts from all over the nation, said Chairwoman Rosemary W. Dann.
“If interpreters are not adequately compensated, then what is going to happen is that people who can do the job properly are going to leave the profession,” she said.
Mr. Weissenberg said he will wait until the TBI ends its investigation to resume his push for payment.