Unopposed Sworn Motion for Appointment of Interpreter

No. 20106

IN THE GUARDIANSHIP OF / § / IN COUNTY COURT-AT-LAW
§
XXXXXX XXXXXX XXXXXX, / § / NO. 2
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AN INCAPACITATED PERSON / § / FORT BEND COUNTY, TEXAS

UNOPPOSED SWORN MOTION FOR APPOINTMENT OF INTERPRETER

UNDER SECTION 646(d) OF THE TEXAS PROBATE CODE

AND SECTION 57.002 OF THE TEXAS GOVERNMENT CODE,

AND AFFIDAVIT OF INDIGENCY UNDER RULE 145 OF THE

TEXAS RULES OF CIVIL PROCEDURE

TO THE HONORABLE JUDGE OF SAID COURT:

Applicants, ______and ______, file this Unopposed Sworn Motion for Appointment of an Interpreter under Section 646(d) of the Texas Probate Code and Section 57.002 of the Texas Government Code, and this Affidavit of Indigency and inability to pay for the cost of an interpreter under Rule 145 of the Texas Rules of Civil Procedure, and would respectfully show the Court the following:

1.Applicant ______does not speak or understand the English

language well enough to permit her to respond to questions from the attorney ad litem appointed by this Court during the investigation conducted by that attorney, or respond to questions from this Court at the final hearing on the Application, and is not able to read the English language.

2.Applicant ______does not read the English language well although he speaks and understands it fairly well.

3.Applicants both speak, read and understand their native language, ______.

4.Applicants are represented by counsel appearing for them pro bono under the local guardianship program because they were found to be eligible for that program due to their inability to pay the fees for their own attorney and the fees for the attorney ad litem and the costs of this court proceeding. Applicants are unable to pay the cost of an interpreter. Applicants request the court appoint an interpreter who can read and speak and interpret the English language into ______and back again, and request that the cost of the interpreter be paid by the county in an amount determined by the Court at the final hearing to be reasonable and necessary for the interpreter’s services. As allowed by Rule 145 of the Texas Rules of Civil Procedure, the undersigned attorney for the Applicants certifies he is providing free legal services to the Applicants through Fort Bend Lawyers Care, an nonprofit organization affiliated with the Fort Bend County Bar Association, an IOLTA grant recipient, that in cooperation with The Arc of Fort Bend County, a nonprofit organization operating a local guardianship program for low-income residents of this county, as defined in Section 601(13) of the Texas Probate Code, is providing free legal assistance to applicants and proposed wards in uncontested applications for guardianship of the person based on a screening and determination that the applicants cannot afford to pay the costs of a guardianship proceeding, and that these Applicants were screened by this program and found to lack the ability to pay for the costs of this proceeding.

5.Applicants are requesting appointment of ______, whose

qualifications for this appointment under Section 57.002(e) of the Texas Government Code are:

a.as a member of the National Association of Judiciary Interpreters & Translators, and the Houston Interpreters & Translators Association, he has been appointed as an interpreter by the judges in federal, state and county courts in Texas, including district and county courts in Fort Bend County;

b.he has a B.A. in Languages and was born in ______, the native country of the Applicants in this case, and is able to interpret and translate ______into English and English into ______;

c.he is over eighteen years of age;

d.he is not a party to this proceeding; and

e.if appointed by this Court, he is willing to be sworn and perform the services of interpreter for purposes of permitting the Applicants to understand all documents filed in this suit and interpret for them in responding to questions from the attorney ad litem appointed by this Court during that attorney’s investigation and in responding to questions from this Court at the final hearing on this Application.

WHEREFORE, Applicants request this Court to appoint ______as an interpreter and find that Applicants are unable to pay the cost of the appointment of this interpreter for the reasons set forth above.

Respectfully submitted,

Law Firm

Address

Sugar Land, TX 77478

Telephone: xxx-xxx-xxxx

Facsimile: xxx-xxxx-xxxx

By:

Attorney

Attorney for Applicants

State Bar No.: ______

RULE 145 AFFIDAVIT OF ATTORNEY

For the purpose of complying with Rule 145 of the Texas Rules of Civil Procedure, in my

capacity as the attorney for the Applicants, ______and ______, and on their behalf as allowed by Rule 14 of the Texas Rules of Civil Procedure, I swear or affirm that the facts stated in this Application are true and correct to the best of my knowledge based on information provided to me by the Applicants and by the proposed interpreter.

______Attorney

SUBSCRIBED AND SWORN before me, the undersigned authority, by affiant ______, on this ______day of ______, 200__.

______

Notary Public, State of Texas

My Commission expires on ______.

CERTIFICATE OF CONFERENCE

I certify that before filing this motion, I conferred with ______, the attorney ad litem for the Proposed Ward appointed by this Court, and I am authorized to state that ______does not oppose this motion.

Attorney

CERTIFICATE OF SERVICE

I certify that on ______, 200__, a true and correct copy of Motion for Appointment of Interpreter and Affidavit of Indigency was served by facsimile on the attorney ad litem for the Proposed Ward appointed by this Court, ______, at ___-___-____.

Attorney