Lost in Translation

A premises liability case between tenant and landlord highlights a potential problem in obtaining a proper waiver of trial by jury. Concerned that the jury would be unable to understand the pro se defendant’s broken English, the trial court first requested a translator. After being informed that no translator would be available for another week, the court continued the trial, then asked the defendant whether he would agree to waive a jury. The defendant agreed, but was not asked to confirm his waiver a week later when the case proceeded to a bench trial with the aid of an interpreter. The trial court awarded $70,000 in damages to the plaintiff. On appeal, the defendant (now also represented by counsel) argued that the jury waiver was invalid because it was made before he had obtained the services of the court-appointed interpreter. The Court of Appeals agreed, holding once the trial court has exercised its discretion to appoint an interpreter, the defendant was entitled to have that interpreter for all purposes, including the decision whether to waive his constitutional right to a jury trial. Without the interpreter, the Court of Appeals could not conclude that the defendant had knowingly waived that right.

Trejo v. Huy, No. 05-14-00310-CV