If a person fails to appear for a mitigation or contested hearing and an interpreter was requested for the hearing, can costs be imposed against the defendant?


Per RCW 2.43.040 (4):

"The cost of providing the interpreter is a taxable cost of any proceeding in which costs ordinarily are taxed."


RCW 46.63.151 provides that:

"Each party to a traffic infraction case is responsible for costs incurred by that party. No costs or attorney fees may be awarded to either party in a traffic infraction case, except as provided in RCW 46.30.0120 (2)." [Which does not apply to this question.]


RCW 7.80.140 states that:


" Each party to a civil infraction case is responsible for costs incurred by that party, but the court may assess witness fees against a Non prevailing respondent. Attorney fees may be awarded to either party in a civil infraction case."


The above RCWs appear to indicate that the court can impose interpreter costs against a respondent who fails to appear in a civil infraction matter, but that no costs can be imposed on a party in a traffic infraction case.  Please check with your judge for his or her interpretation of these RCWs.


See also:  RN id 2072: Imposing interpreter costs in a criminal case against a defendant who fails to appear.






RN id: 1635