Ponce v. State

• Decision Date: 05 June 2014
• Docket Number: No. 20S04–1308–PC–533.,20S04–1308–PC–533.
• Parties: Victor PONCE, Appellant (Petitioner below), v. STATE of Indiana, Appellee (Respondent below).
• Court: Indiana Supreme Court

9 N.E.3d 1265

Victor PONCE, Appellant (Petitioner below),

v.STATE of Indiana, Appellee (Respondent below).

No. 20S04–1308–PC–533.

Supreme Court of Indiana.

June 5, 2014.

Stephen T. Owens, Public Defender of Indiana, James T. Acklin, Chief Deputy Public Defender, Indianapolis, IN, Attorneys for Appellant.

Gregory F. Zoeller, Attorney General of Indiana, Joseph Y. Ho, Deputy Attorney General, Indianapolis, IN, Attorneys for Appellee.

On Petition To Transfer from the Indiana Court of Appeals, No. 20A04–1208–PC–396

RUCKER, Justice.

Victor Ponce is a non-native English speaker who pleaded guilty under terms of an agreement. He appeals the denial of his petition for post-conviction relief essentially contending that the Spanish translation of the rights he was waiving by entering the plea was so inaccurate his plea of guilty was not entered knowingly, intelligently, and voluntarily. We agree and reverse the judgment of the post-conviction court.

Background

Over the last few decades, language diversity across the country has grown rapidly and non-English languages increasingly play a “continuing and growing role ... as part of the national fabric.” Camille Ryan, U.S. Census Bureau, Language Use in the United States: 2011 15 (August 2013). English speaking abilities vary throughout the country and like most states across our nation Indiana is no stranger to language diversity. For example in 2011, 8.2% of Indiana's population spoke a language other than English at home and when asked to classify their level of English proficiency nearly 17% responded “not well” or “not at all.” Id. at 2, 11. These linguistic barriers limit individuals' ability to participate fully in an English-speaking society and have a direct impact on their education, employment opportunities, poverty status, and even medical care. Id. at 10.

Among the most significant obstacles that persons of Limited English Proficiency (commonly referred to as “LEP”) must overcome are the challenges to meaningful access to the courts. Impaired access to justice resulting from language inequalities is particularly damaging in the criminal context when someone's very liberty is at stake and a faulty trial can have irrevocable consequences. Essentially, for “the ‘language-impaired’ ... due process is an empty charade because of their inability to communicate effectively or to comprehend the proceedings against them.” Virginia E. Hench, What Kind of Hearing? Some Thoughts on Due Process for the Non–English–Speaking Criminal Defendant 24 T. Marshall L.Rev. 251, 253 (1999). Due process is far more than a term of art. “[T]he fundamental requirement of procedural due process is the opportunity to be heard at a meaningful time and in a meaningful manner.” Perdue v. Gargano, 964 N.E.2d 825, 832 (Ind.2012) (citing Goldberg v. Kelly, 397 U.S. 254, 267, 90 S.Ct. 1011, 25 L.Ed.2d 287 (1970)). In order for this constitutional protection to have meaning for the LEP litigant, due process must include not only the opportunity to be heard but also the opportunity to hear.

Both federal and state courts recognize the daunting challenges faced by LEP individuals; and courts are working diligently to eliminate those challenges. At the forefront of this initiative is an effort to provide competent interpreters for all LEP litigants. State and federal systems as well as independent agencies are working collaboratively to provide guidance in developing interpreter services. See generally Nat'l Ctr. for State Courts, A National Call to Action Access to Justice for Limited English Proficient Litigants: Creating Solutions to Language Barriers in State Courts (2013); Standing Committee on Legal Aid and Indigent Defendants, American Bar Association, Standards for Language Access in Courts (February 2012) [hereinafter “ ABA Standards ”]. Ensuring competent interpretation services is “an essential component of a functional and fair justice system.” ABA Standards, supra, 1. The lack of qualified interpreters affects the system of justice as a whole. Id. “Judges cannot administer justice when litigants in their courtrooms are unable to understand what is going on, or to convey crucial information to the court.” Laura Abel, Brennan Center for Justice, Language Access in State Courts 5 (2009).¹ This is equally damaging to the State's interests as well as those of the defendant. See, e.g., Arrieta v. State, 878 N.E.2d 1238, 1240 n. 2 (Ind.2008) (recounting instance when charges of child abuse were “dismissed on speedy trial grounds after three-year failure to find interpreter fluent in defendant's native language”); Abel, supra, 32 (explaining that lack of interpreters exacerbates the problem of unnecessary delays in the court system).

For the last decade the State of Indiana has endeavored to create a more comprehensive and centralized interpreter program that ensures competent interpreter services in order to improve the quality of language access for LEP litigants.² “Audits of interpreted court proceedings in several states have revealed that untested and untrained ‘interpreters' often deliver inaccurate, incomplete information to both the person with limited English proficiency and the trier of fact.” Certification Program. Therefore, simply providing “any” interpreter upon request is insufficient. A “failure to accommodate persons with [language] disabilities will often have the same practical effect as outright exclusion[.]” Tennessee v. Lane, 541 U.S. 509, 531, 124 S.Ct. 1978, 158 L.Ed.2d 820 (2004) (discussing claim made by paraplegics that state denied them access to the courts). Thus, it is imperative to ensure accurate interpretation throughout the proceedings lest we run the risk of diminishing our system of justice by infringing upon the defendant's rights of due process. It is with this background that we turn to the facts of this case.

Facts and Procedural History

In 1999 Victor Ponce was charged with two counts of delivery of cocaine within one thousand feet of a school, as a Class A felony. Pursuant to an agreement Ponce decided to plead guilty to one of the counts. At his guilty plea hearing Ponce requested an interpreter which the trial court provided. As explained in more detail below the trial court, through the interpreter, advised Ponce of his Boykin rights ³ and Ponce thereafter pleaded guilty as agreed. Ten years later Ponce filed a pro se petition for post-conviction relief which was amended by counsel in 2011. Among other things the petition alleged that Ponce's plea was not entered knowingly, intelligently and voluntarily because the court-appointed interpreter failed to translate accurately Ponce's Boykin rights.⁴ The post-conviction court denied Ponce's petition for relief, specifically rejecting Ponce's argument that his plea was not knowingly and voluntarily given. Ponce appealed and the Court of Appeals affirmed the judgment of the post-conviction court, concluding that although the advisement was “defective” Ponce nonetheless knew at the time of the plea hearing that he was waiving his Boykin rights. Ponce v. State, 992 N.E.2d 726, 731 (Ind.Ct.App.2013), vacated. Having previously granted Ponce's petition to transfer thereby vacating the opinion of the Court of Appeals, seeInd. Appellate Rule 58(A), we now reverse the judgment of the post-conviction court. Additional facts are recounted below.

Discussion

As we have previously declared: “In considering the voluntariness of a guilty plea we start with the standard that the record of the guilty plea proceeding must demonstrate that the defendant was advised of his constitutional rights and knowingly and voluntarily waived them.” Turman v. State, 271 Ind. 332, 392 N.E.2d 483, 484 (1979) (citing Boykin, 395 U.S. at 242, 89 S.Ct. 1709). And Boykin requires that a trial court accepting a guilty plea “must be satisfied that an accused is aware of his right against self-incrimination, his right to trial by jury, and his right to confront his accusers.” ⁵Dewitt v. State, 755 N.E.2d 167, 171 (Ind.2001) (citing Boykin, 395 U.S. at 243, 89 S.Ct. 1709). The failure to advise a criminal defendant of his constitutional rights in accordance with Boykin prior to accepting a guilty plea will result in reversal of the conviction. Youngblood v. State, 542 N.E.2d 188, 188 (Ind.1989) (quoting White v. State, 497 N.E.2d 893, 905 (Ind.1986)). Accordingly, a defendant who demonstrates that the trial court failed to properly give a Boykin advisement during the guilty plea hearing has met his threshold burden for obtaining post-conviction relief.

The record shows that at the 1999 guilty plea hearing the court appointed Christina Castillo as an interpreter.⁶ The trial court asked Ponce through the interpreter if he read, wrote, and understood the English language, to which Ponce responded: “Lo entiendo, y lo hablo un poco.” Ex. G at 5. Interpreter Castillo restated this to the court in English as: “He understands a little and speaks a little English.” Guilty Plea Tr. at 7. ⁷ The trial court informed Ponce through the interpreter: “If you do not understand the words or questions that I use, please let me know [.]” Guilty Plea Tr. at 6. The court then asked: “Are you able to understand the conversation we're having through the translator?” Guilty Plea Tr. at 7. These statements were interpreted to Ponce accurately and he indicated that he was able to understand the proceedings through Interpreter Castillo. The trial court then properly advised Ponce in English of his Boykin rights. Interpreter Castillo communicated with Ponce in Spanish regarding these advisements and Ponce responded in Spanish that he understood the court's advisements.

At his post-conviction relief hearing in 2012 Ponce still struggled with the English language. Even at that time— thirteen years after he had pleaded guilty—the post-conviction court acknowledged that “when we get to legal terms [Ponce] need[s] a Spanish translator[.]” P.C.R. Tr. at 2. Ponce...