Are federally certified court interpreters any good? Maybe the NAJIT conference had the answer.
May 20, 2013 § 3 Comments
Dear colleagues:
When you go to the doctor, retain an attorney, get on an airplane, or hire a plumber, you want them to be honest, good, and competent. So do I; So does society. That is why there are laws and regulations that require they go to school, get a professional license, and comply with continuing training and education. Even when a person reaches a certain age, he has to go back periodically to the Motor Vehicle Division to be retested in order to continue to drive. Interpreters are no exception. Almost everywhere in the United States where a State offers a certification program, its interpreters must comply with continuing education requirements to keep their certification. Translators need to do the same to maintain their certification with the American Translators Association. It sounds logical right? It makes sense.
Over the weekend the National Association of Judiciary Interpreters and Translators (NAJIT) held its annual conference in St. Louis, Missouri. This is a yearly event and it is the only one of its kind. NAJIT is the only national professional association for judiciary interpreters in the United States. There are many state, regional, and local organizations that meet regularly and offer training and educational opportunities to their members, but no other one offers this service at the national level. Every year the conference takes place at a different location and offers a variety of workshops and presentations so that all judiciary interpreters and translators can better themselves and meet their continuing education requirements with their respective states.
As the main gathering of judiciary interpreters, NAJIT attracts some of the key players in the industry, including the Administrative Office of the United States Courts. This is the federal agency that runs the federal court interpreter certification program. Every year this presentation brings federally certified interpreters up to speed on everything that is happening in the federal interpreter program through a presentation and an open question and answer session with the government officials who know the subject. The presentation was held as scheduled and Mr. Javier Soler and Ms. Julie Meeks were there sharing statistics and information; answering questions, dissipating doubts. Unfortunately, and in my opinion very sadly, only a handful of federally certified court interpreters were there. There are almost one thousand federally certified court interpreters in the United States and there were less than twenty in attendance! Other sessions held simultaneously in the other conference rooms were full of state-certified court interpreters who were attending the St. Louis conference because they wanted to improve their skills but also because they needed the continuing education credits for their respective State Administrative Office of the Courts. Of course, there room was not that empty, there were many people without a federal certification who were attending Mr. Soler’s and Ms. Meeks’presentation because they wanted to learn. And they did learn something that was discussed for the next two days in the hallways of the hotel where the conference took place: Federally certified court interpreters do not need continuing education credits to keep their certification current. Those non-certified interpreters in attendance learned something they didn’t expect, tweets on this issue were the conference’s most re-tweeted throughout Europe where 2 other conferences were held on the same weekend. I knew this information. I have always known this information, but as I looked around a room with just a few colleagues, many non-certified attendees, and a tweet practically going viral, I understood why the federally certified court interpreters weren’t there, listening to the representative of the government agency that regulates what they do and travels half a continent every year to come to see them: No motivation. No need. The only court interpreters who were not attending the conference, and particularly this session were the federal interpreters. The only ones who do not need to comply with continuing education.
Let me explain: Unless an interpreter complies with the State of Colorado’s continuing education requirements, he cannot interpret for a defendant who has been accused of driving without a license and proof of car insurance in Pueblo Colorado. Unless an interpreter complies with the State of New Mexico’s continuing education requirements, she cannot interpret for a defendant who has been accused of duck-hunting without a permit in Estancia New Mexico. A federally certified court interpreter who has never attended a class of ethics or a legal terminology presentation in his lifetime can interpret for a defendant who has been charged with running the biggest organized crime operation in the history of the United States. The first two examples are misdemeanor charges that carry a fine, and under some circumstances a brief stay behind bars. The individual in the last example could be facing life in prison.
The judicial branch of the United States government is facing tough times; these are difficult days and they have to watch a smaller budget. So do the individual states. It is very true that continuing education is expensive. It is expensive to provide the education and training. It is expensive to verify compliance and to keep a record… but there are ways…
There are surely other options, but these are my 2 cents:
Some states honor the continuing education provided by already well-established organizations and associations at the national, regional, state, and local levels. ATA does the same. The cost to the federal government would be zero if they decided to honor credits obtained at a NAJIT, ATA, or other well-recognized conference in the United States, including some state conferences such as California’s Nebraska’s, New Mexico, and others. They could also honor credits from attending well-known prestigious international and foreign professional organizations such as FIT, FIL/OMT in Mexico, ASETRAD in Spain, and others; and they could also consider the classes taught at institutions like MIIS, University of Arizona, University of Maryland, and others. All of the conferences and organizations above offer training and presentations on ethics, skills-building, terminology, practices, technology, and many more.
The reporting of the courses attended could be on an honor basis as many states do at this time. After all, federally certified court interpreters are professionals with moral solvency who periodically undergo criminal background checks. They are officers of the court! These credits could be reported by answering and signing a form at the same time contractors renew their contract every year and staffers undergo their evaluation. And to keep a central record, all interpreters would have to input this information into the system once a year by accessing and updating their personal information on the national court interpreter database system (NCID) that already exists and we access every time we change our address or modify our resume.
Federal interpreters are honest, professional and capable individuals who love their trade and take pride on their work. They would happily embrace this change and comply. After all, many are already doing it for their state and ATA certifications. Please let me know your opinion and ideas on this crucial topic.
Do court interpreters need to understand the legal proceeding they are interpreting?
May 13, 2013 § 8 Comments
Dear colleagues:
Many times during my career when working as a court interpreter I have been told by some colleagues that they do not enjoy court hearings where attorneys argue the law. They say they much prefer to interpret witness testimony because the hearing is about the facts of the case and not about the law. More than once, when I have asked a court interpreter what was the hearing she just finished about, the answer has been: “I don’t know, legal things, boring stuff.” Some others have told me that it was “…lawyers arguing…and I didn’t understand…”
I have always approached my work with the idea that you cannot interpret what you do not understand. To me it seems impossible to do a good job when you cannot interpret in context, when you do not know where the speaker is taking the argument to. I understand that not all court interpreters went to law school and some of the issues litigated in court are difficult to understand even for lawyers and judges. I am also aware of that “blank” our mind seems to produce after we finish working. In fact, for my own sanity I am glad it happens. “In one ear…out the other…”
This is not what I am referring to in this posting. I am talking about the minimal legal knowledge a court interpreter needs to have to do a good job. I also know for a fact, because I have a law degree, that the more you understand the proceedings, the better your rendition, because you will be able to follow the trend of thought, to anticipate the speaker’s next move, and to employ the correct terminology and vocabulary. I believe that court interpreters should at least know as much about the law as a paralegal. We need to understand the issues to be litigated in a motions hearing so we can do a good rendition. We also need to understand the process during that hearing; we need to know what is allowed and what is not. Court interpreters should do their homework and prepare for a trial or hearing, but on top of that they should know rules of evidence and rules of criminal and civil procedure. It is easier to interpret a trial when you actually know why the attorney is objecting to a question and how he is objecting to it. In my experience it is this type of knowledge that lets you develop a strong relationship with the big law firms, with the key players in the legal world. Court interpreting is as much a part of that world as it is of the world of linguistics. Unfortunately, some colleagues do not seem to realize it
It is for this reason that during the NAJIT Annual Conference in St. Louis Missouri I will be presenting in Spanish: “Evidence. A comparative Study between Mexico and the United States.” During the presentation I will walk those attending trough the evidentiary process in the legal system of the two countries where the people we more often interpret for either live or come from. We will cover topics such as discovery, admissible and inadmissible evidence, types of objections, exceptions to the hearsay rule, different burdens of proof, judicial notice, best evidence rule, and many more. I invite you to attend the presentation on Sunday, May 19 at 11:00 am during the NAJIT conference in St. Louis. I hope to see you there, but even if you are not able to attend, please tell us if you believe that court interpreters should know the basics of the law, and specifically procedural law.
How to Defend Your Rendition and Professional Reputation as an Interpreter.
May 7, 2013 § 5 Comments
Dear colleagues:
Good professional interpreters are usually consumed with taking care of their clients, improving their skills, managing their agenda, and marketing to new clients. This takes a lot of time and energy, and it is essential to succeed in this career. Unfortunately, sometimes during their career some interpreters may experience other aspects of the profession that are less pleasant, more time-consuming, and very stressful.
Our professional tools are our brain, mouth, and a language combination. We can make mistakes, we are susceptible to questioning and second-guessing by others, and in out litigious society we are exposed to lawsuits that can leave us with no career, no resources, and a tainted reputation.
There are many circumstances that can affect our career as professional interpreters, but at this time I would like to focus on two of them:
When our work is subject to criticism and questioning by our peers or by a counterpart in a legal setting. We all have faced situations when in the middle of a court hearing a judge, attorney, witness, litigant, and even a juror, have interrupted our rendition to correct what we just said. Most of the time we were right and they were wrong. On occasion, because we are not machines, and because nobody can possibly know all regional expressions, these voices do us a favor as they correct our mistake and allow justice to be served. These are the scenarios we usually face when doing our job. It sounds simple and straight to the point: Either we are right and we say so in order to keep the process moving along, or we are wrong, and in that case we correct our error. Unfortunately this is not how it happens in the real world. Out there we have to deal with attorneys who are not happy because their non-English speaking client or witness is not saying what they wanted them to say, so the first thing they do is to cast a doubt over the rendition of the interpreter; there are those cases when the non-English speaker passionately defends his “translation” of a term even though we know for sure that he is mistaken. Sometimes the problem may be the judge who does not speak the foreign language, but out of fear of offending the non-English speaker decides to question the interpreter and sometimes even to adopt this person’s rendition of a word or term that you know is clearly wrong.
The second situation I want to mention to you is when a case does not end the way that one of the parties wanted it to conclude and the blame is totally or partly placed on the interpretation. The court decision is appealed on grounds of inadequate interpretation, or even worse, the interpreter is sued for damages by this losing party. How can we defend our work when our rendition is questioned and the case goes on appeal? What can we do to protect ourselves in case somebody takes us to court for damages? There are preventive measures that we can take as interpreters to diminish the possibility of having to defend our work, our assets, and our reputation. There are also steps we must follow in case our professional work is questioned or attacked in court.
These complex issues have to be addressed, and as true professionals we must be prepared in case this happens to us. For this reason, I will present: “How to Defend Your Interpretation and Professional Reputation as an Interpreter in and out of Court” during the NAJIT annual conference in St. Louis, Missouri on May 18, 2013 at 3:15 pm. I invite you to go to the conference and I encourage you to attend this presentation where we will discuss these sad but possible scenarios and we will explore the different preventive measures that we should always take in order to avoid an adverse outcome, as well as the path to follow once our rendition or our skill has been formally questioned in a court of law. I hope to see you in St. Louis.
Remote conference interpreting: The interpreter’s new best friend?
April 23, 2013 § 16 Comments
Dear colleagues:
I constantly read about all the changes that modernity is bringing to our profession. I read of the new technological developments and I hear the voices of anger and fear from many in our profession. I must tell you that I fully accept and embrace these changes because they make our work easier and better: Who wants to go back to the days before computers and on-line resources when we had to drag along a library to the job? Is there an individual who longs for the days of endless consecutive interpretation before simultaneous interpretation equipment was introduced and developed for the Nuremberg Trials and the United Nations? We need to keep in mind that as interpreters we work with languages, and as all linguists know, a language doesn’t stand still. Language constantly evolves; it reflects our ever-changing human society. It is not like we didn’t know that languages change when we first decided to enter this career. I think that those who complain that there is too much new technology in the world of interpretation, and the interpreters who get angry when a new scientific term is created or the legal terminology of a country changes, should pause and think that it is not only their professional world that is being altered; they should think of all the engineers who gladly embrace new technology for our collective benefit, all the physicians who hurry to learn about the new discoveries published on the most recent science publication, all the attorneys who hit the books to learn the newly enacted legal reforms. I am glad that medical doctors don’t get mad when a new vaccine is announced. I am thankful that they embrace change and learn for the benefit of society. Dear colleagues, our profession is no different, we should face technological changes with the same attitude all other professionals do. And by the way, it is also the right business decision as modernization will not stop, it will not slow down, but it will surely leave us behind if we don’t adjust and embrace it.
Just like many of you, I have been doing more remote interpreting than ever before. At the beginning of my career I had my share of telephonic interpretation for the big agencies as many others did. After I developed my own clientele and as I became better-known I didn’t do much of this work for many years. There were a few exceptions and now and then I did the occasional business negotiation with a foreign counterpart that was done over a speaker phone, the court arraignments by video that some State Courts in the U.S. have been doing for about a decade, and the depositions by video with an attorney asking questions from a different location. Then we get the economic crisis and the need to rethink procedures to save money during difficult times. This is when a few years ago the immigration courts began to hold master hearings by video from the detention centers, and the federal court system decided to implement the Telephone Interpreting Program (TIP) now widely used to cover most of the outline areas of the United States.
Of course, I have done all of the above assignments and I am familiar with the technology employed, but we were still talking about events where the job was to interpret for one person, usually for a short period of time, generally in regard to a single topic well-known by the interpreter, and with the parties sitting down around a speaker phone or in front of a PC-type video camera. It was when I started to get requests to do conference interpreting from a facility different from the site of the event that I understood that the trend was irreversible. If I wanted to stay relevant I had to adapt.
I went down career memory lane to my previous assignments and selected those elements that I had learned doing all the jobs mentioned above. As I was doing it, I began to remember other experiences that would be helpful: Broadcast interpretation of live TV events that I did in the past such as award ceremonies, presidential debates, and political conventions came to mind. These were assignments that I had worked aided by a TV monitor and oftentimes from a different studio and even a different location after all.
Remote conference interpreting has been around for some time and it continues to grow. I have been able to solve some of my concerns as I have worked more of these assignments. It is obvious that a good sound system and a great technician are key to a successful remote interpretation. I have also learned that the broadcast quality is as important as the sound equipment. Sometimes the equipment is fine, but if the broadcast is poor you will suffer in the booth (or studio) and sometimes it is up to the events going on in the Solar System. Once I had a hard time on an assignment in the United States where the presenter was appearing by video from Scotland. Due to some solar flares affecting earth the transatlantic broadcast was choppy and the image and sound were very poor.
It is important to mention that remote conference interpreting is very appealing for our clients because it will always be more cost-effective than flying a bunch of interpreters to an event, paying for their hotel, ground transportation, meals, and travel time. It also benefits the interpreter as it allows us to do more work without so many travel days, and it puts us on a global market since the interpreter’s physical location will matter less. You can go from one job to another and still sleep at home. You can even do two half-day events on the same day.
At the beginning one of my biggest reservations about remote conference interpreting was that I would not be able to see the speaker or the power point on the screen whenever I wanted, or even worse, that I would never see those asking questions from the audience. Like many interpreters, sometimes I relay on facial expressions to determine meaning and to understand difficult accents. I have learned that the solution to all of these concerns can be found on the camera director. This is the person who sits in the video truck or the video room and switches from one camera to another. A good conversation with the director and his camera operators on the day before the conference starts can be extremely helpful. I have explained to them the importance of seeing the power point on the screen when the speaker changes slides, the advantage of seeing the speaker as he addresses the audience, and the absolute need of having on screen the person asking a question while he is speaking. This has made my life so much easier!
Of course, not all directors are the same, some are better than others (as I recently learned during an event on the west coast when the director did not work one weekday and the interpreters noticed it immediately, even before we were told that we had a different director for one day) and there are certain things that we miss with remote interpreting (like a world-class chefs’ cooking event I did last year where there were constant references to the smell of food that we could not experience from a different location) but I am confident that as technology advances, we as interpreters prepare better for this new challenges, and the market leaves us no other work alternative, the wrinkles will be ironed and we will be praising remote conference interpreting just as we now do with simultaneous over consecutive. I would love to read your opinions and experiences regarding this very important professional issue.
