July 21, 2014 § 2 Comments
Unfortunately, because of the type of work we do, all of us had to deal with uncomfortable situations at some point during our careers. To a higher or lesser degree, all of us have fielded questions like “Why do you do this work?” “How much money is “spent” (code word for “wasted”) paying for this service geared to those who do not speak the language of the land?” “How do you feel about helping these people who are not willing to assimilate to the local culture”? “Are they really that dumb that they cannot learn the language?” etcetera. Other interpreters have sat there, listening to comments such as: “If they don’t speak the language they should go back to their country,” “They want to speak their language because they like badmouthing the rest of us,” and some others that I rather exclude from this post because they are offensive and spelling them out contributes nothing to this article.
Of course, those of us who have been more than once around the block have lived through these situations more than our younger colleagues, and for the most part, we have come to understand that those making the remarks are the ones with the problem. In other words, we do not have time for this nonsense, so we just ignore them. This has been my strategy for years and it has worked fairly well.
Unfortunately, an incident happened a few weeks ago. I understand that when we think of bigotry and interpreting, we immediately picture a courtroom, a police station, a government agency, a public school, or a county hospital. You think of court, community, and healthcare interpreters as the ones dealing with these issues all the time. That may be so, but other interpreters (conference, military, media, etc.) have faced their share of this evil when practicing their profession. On this particular case, I was doing some escort interpreting for a foreign dignitary who was visiting the United States from a Spanish-speaking country. This was an important visitor, but he was not a head of state or celebrity; you see, bigotry tends to hide away when the potential target is surrounded by the media and some bodyguards. In this case I was providing my services to a very important foreign government officer who traveled alone. This individual was very sophisticated, formally educated, well-traveled, and very important back in his home country.
After a very successful visit, and once he took care of his business in the United States, we headed to the airport for the check in process. This was the last part of my job. After escorting this person for several days in different cities, after business meetings, formal events, flights, hotels, and other activities, all I had to do now was to take the dignitary to the airport, help him with boarding passes, connecting flights, immigration and customs, and send him off. I have done this thousands of times, all of them uneventful. We arrived to this domestic airport in the American south, and we proceeded to the airline ticket counter. The airport was pretty empty and we walked straight to the counter where we found a middle-aged Caucasian male wearing the airline’s uniform. I handed the passport and other required documents, identified myself as an interpreter, and told him what we needed. He looked at me and then he turned sideways in order to exclude me from the conversation and he addressed the visitor directly. This person, a guest in our country, looked at me and told me that he did not understand. I interpreted what the airline clerk had asked him, and once again told the clerk that the visitor did not understand him because he did not speak English. I explained to him what my role was, and asked him to ask his questions as usual. He looked at me once again, and this time he completely turned so that I was fully excluded from the conversation. He continued to address the visitor in English. The visitor looked for my help and this clerk did not let him. He told him that he “had to listen to the questions and answer them himself.” The guest told him in broken English that he was sorry but he did not understand the questions because he did not know English. The clerk smiled and asked him with a smirk: “You don’t understand English and you live in the twenty first century amigo?” I continued to interpret all this time, and when I saw that this clerk was going to give the visitor a very hard time, I asked the dignitary to step away from the counter and have a seat. I told him that I was going to take care of this situation. The visitor honored my request and went to a chair that was at a good distance from the counter so that the guest would not have to hear what I was about to say. As this was happening, the clerk yelled at him: “hey, ‘amigo’ you cannot leave, I am talking to you.” Once the visitor left, I addressed the clerk directly and once again explained to him the circumstances, including my role as the escort interpreter. He first looked at me for several seconds, then he laughed, and finally he told me that at his airport (remember this was a domestic airport with no international flights) they spoke English because “it was located in the United States.” He told me that he was going to ignore me because his job was to make sure that “this guy” would be able to get around once he was alone. He even told me that he was considering denying him a boarding pass because he was not going to find his way at the hub where he was supposed to take his international flight. He also told me that it made him mad that “…this country was letting in people who didn’t even care to learn English before coming to the United States…” At this point he told me that he needed the guest by the counter alone or he would deny the boarding pass. He then walked away and left. I looked around to confirm what I already knew: there was nobody else from the airline in sight.
Because of time constraints and due to the lack of infrastructure at this airport, I decided to tweet the basics of the incident with the airline hashtag. I immediately got an answer, and in a matter of minutes (maybe seconds) a different airline clerk met me at the counter. This individual took care of the visitor addressing him directly through the interpreter and the rest of the process was completed without incident.
After the visitor left, I decided to follow-up on this incident and I filed a formal complaint against this individual. I did it so that others do not have to go through what we did, and to raise the awareness of the airline. Professionally, I was satisfied with my performance: I took care of the problem, the visitor left as planned, and he noticed very little of what happened, thus avoiding an uncomfortable situation for this person who was a guest in the United States. This episode reminded me that despite the way things may be in the big cities, there are still plenty of places in the United States, and elsewhere, where we as interpreters must be on our toes and be assertive to do our job even when we face adverse circumstances. This time it was an escort interpreter assignment, but these situations are prone to happen in the courtroom, at the hospital, the public school, the government agency, and everywhere unsophisticated individuals are found. Always remember: bigotry could be around the corner, so be ready to act. I invite you to share with us some stories of your interactions with bigots who have directed their hate to you or to your client.
July 14, 2014 § 3 Comments
I was contacted by a colleague who wanted my opinion about a professional situation that was making her life miserable. Her problem was that she had been part of a court assignment where an attorney did something she disliked. At the time she contacted me she was debating about letting it go, or reporting the situation to the judge of the case. I listened to the facts, and I immediately remembered other events where an attorney’s conduct had been questioned by other interpreters. This is her story:
An interpreter was hired to work during a deposition at a law office. While waiting for the assignment to start, she had a conversation with other individuals in the waiting room. One of the others was also a court interpreter. Finally, after a long wait, a secretary came to the waiting room and announced that the deposition had been cancelled. The interpreter went home, she got paid on time for this assignment, and she forgot about this incident.
Several months later, she was contacted by another agency that offered her a transcription/translation assignment. She agreed, and a few days later she received a CD with the audio recording. She began the transcription, and about an hour into the transcription, she concluded that she knew at least one of the voices in the recording; it was the voice of another interpreter, in fact, it was the voice of the interpreter she had been talking to, months earlier at the law office, while she waited for the deposition to start. She immediately knew that she had to stop the transcription and report this circumstance to the agency. A decision had to be made about her involvement in the transcription job. Before contacting the agency, the interpreter decided to see if the other interpreter’s voice was all over the recording or just at the beginning. She had just been working on the transcription for about an hour, so she wanted to find out. She fast-forwarded the recording, and to her surprise, she now recognized a second voice: It was her own voice! She was part of the recording the agency sent her, and the recorded conversation was the one they had at the attorney’s office on the day the deposition had been cancelled months earlier. This obviously changed everything, and the possibility of continuing on the job if the parties consented to it after a full disclosure was now gone. She knew she could not continue transcribing the recording. She immediately contacted the agency and told them what happened. The agency retrieved the recording and sent it to another transcriber. The interpreter was paid for the work done even though the agency knew that they would never use the transcription. The real problem for the interpreter was that she did not know that she had been recorded and she wondered why this had happened, what they were going to use the tape for, and what she should do about the whole situation. She did not even know if the recording was legal or not.
The recording was related to the case where she had been hired to do the cancelled deposition; she knew the attorneys involved, and she had heard that they both practice law very aggressively. She felt bad and she felt cheated. The interpreter thought that this strategy had been sleazy and perhaps illegal. Her first impulse was to contact the judge in the case and let him know that she had been recorded without her consent. Something had to be done.
Fortunately, she waited and thought it over. Without revealing any names or details of the case, she consulted an attorney and learned that in her state, as long as one of the parties to a conversation is aware of the recording, and she consents to it, the rest need not know or consent for the recording to be legal and even admissible in court. Based on this, the interpreter did not go to the judge or anybody else. She had no legal standing and no law had been broken by the attorney who ordered the recording. In fact, she realized that she could not even disclose any of these facts to anybody else because of the interpreter duty of confidentiality, which cannot be broken unless a crime was committed or may be committed unless the interpreter speaks. Going to the judge would have been the wrong thing to do because she really had nothing to report. She learned a valuable lesson after this case because she understood that in an adversarial legal system, the attorneys may do things that we dislike, but as long as they are legal, they are allowed to do them, and we should not get involved or judge the legal strategy.
On the second case I will now share with you, I was interpreting in a plea hearing many moons ago. The defendant was going to enter a plea of guilty to a federal offense. I was working for the court. I arrived to the courtroom about fifteen minutes before the hearing, which was customary at that courthouse, I let the clerk know that I was there, and I sat down to wait for my case. The defense attorney arrived about five minutes later and asked me to help him with his client. He told me that the defendant, who was in detention, was already in the holding cell, and that he needed to talk to him for a few minutes before the judge came out for the hearing. As many of you know, this happens all the time in federal court in the United States, so I agreed and off we went next door to the holding cell. The moment we arrived I realized that the defendant spoke some English and understood many things; however, he was far from being fluent, and definitely needed an interpreter for the most complex legal concepts. As soon as we greeted the defendant the attorney started this, in my opinion, self- serving speech telling his client (the defendant) how hard it was to get him the deal with the prosecution, and that this was his chance to bring the case to an end by just pleading guilty to the charge in the plea agreement. Then the attorney “asked him” but in reality told him “the agreement is almost identical to the version you already saw before when I went to see you with the other interpreter, remember?” and “…the judge is going to ask you if you were interpreted the new version by a certified interpreter and you are going to say yes because if you don’t, then the judge will continue your case for another day, maybe in a month or two, and you will have to sit in jail all that time waiting to come back in here. All of it for a document that practically says the same that the one that was interpreted to you before. Do you understand?” Of course I interpreted all of this to the defendant and he said yes. Next, the attorney told his client that “… when the judge asks you if you have any questions you need to say no, unless you have any questions, and if that is the case we will have to come back before the judge in the future, and he is going to ask you if everything was interpreted to you into Spanish and you will say yes because as you remember we went to the jail and the interpreter interpreted everything, including your questions, right?” The defendant said “yes.” The attorney continued: “…Well then, let me ask you right now: has the plea agreement been explained and interpreted to you in Spanish?” The defendant answered: “yes.” The lawyer continued: “…Has your attorney answered all of your questions with the assistance of an interpreter” The defendant: “yes.” Finally the attorney added: “…Do you have any questions at this time for the judge, for me, or for anybody else about your case, charges and plea you are about to enter?” Once again the defendant said “no.” “…Great” said the lawyer; and added: “… So you know why you are answering the way you are right?” The defendant: “Yes, so I can go to prison sooner.” Attorney: “…and, even though we didn’t interpret the latest version of the agreement, since we went over another version that was practically identical, you will tell the judge that we did right?” Defendant: “Yes, I will tell him that you explained everything to me through the interpreter, and in my mind you did, and I really believe so, and I have no more questions. I know what I am doing and I just want for all of this to be over.”
We went in front of the judge who asked the very same questions. Both, the attorney and his client answered almost with the same words as they had used in the holding cell. The judge entered the conviction and the defendant left very happy with the outcome of the hearing, on his way out he told his attorney: “…thank you very much. You are a great attorney. You know what you need to do for the benefit of your client. I will send you clients…”
Although the attorney and the defendant did not lie to the judge because they phrased everything very carefully, thus avoiding breaking the law, and despite the fact that the attorney had fought for, and vigorously defended his client’s best interest, which was to go to prison as soon as possible so he could start some treatment not offered by the jail, I left the courtroom feeling a little strange. I knew there was nothing for me to do since no laws were broken, and everything had been legal strategy between client and attorney discussed in confidence and under the protection of the client-attorney privilege, but it took me a couple of hours to get over it; you could even argue that I did not get over this case since I am still telling the story so many years later, but the truth is that yes I got over the case, and the reason why I am sharing the story with all of you now is because both the defendant and the attorney have since passed away, so there is no privilege anymore.
I would like to invite you to share similar stories or comments about things you have done or were tempted to do when in your opinion an attorney did something sleazy.
July 4, 2014 § 2 Comments
It seems to me that every year around the 4th of July I get the same question from friends and colleagues: What do you say when you are interpreting an event and the speaker brings up the 4th of July? Sometimes they refer to this event as the revolutionary war; sometimes they call it the war of independence, and to some it is just the American revolution. Which one is the correct term to describe what happened in the United States of America at the end of the 18th century?
Those of you who know me personally have seen how much I like history, so this is an issue that I have studied and researched in the past. We should start by going to the dictionary to see what the difference between the terms revolution and independence is. According to the Oxford dictionary, a revolution is: “A forcible overthrow of a government or social order, in favour of a new system.” It also defines it as: “A dramatic and wide reaching change in conditions, attitudes, or operation.” Webster calls it: “A total or radical change,” and “A fundamental change in political organization, or in a government or constitution; the overthrow or renunciation of one government, and the substitution of another, by the governed.” Oxford defines independence as: “The fact or state of being independent,” and independent as: “Free from outside control; not depending on another’s authority.” Webster tells us that independence is: “(the) freedom from outside control or support,” and also as: “The time when a country or region gains political freedom from outside control.”
The American revolution (or war of independence) was the very first of its kind. It emerged at a time when most of the world was ruled by monarchs, and most of the people were confined to a place in society they had inherited and could not leave. It was also a movement led by wealthy intellectuals who organized, debated, compromised, and reached decisions by majority of votes.
The American movement was triggered by resentment of the economic policies of Britain, particularly the right of Parliament to tax the colonies, and by the exclusion of the colonists from participation in political decisions affecting their interests. This has come to be known as “taxation without representation.” After the end of the costly French and Indian War of 1763 the British Crown needed money, so it imposed new unpopular taxes such as the Stamp Act and the Sugar Act, as well as trade restrictions on the colonies. For over a century the colonies had been fairly unattached to the Monarchy because of geography and religion. The people of the 13 colonies had made a life with very little help from the British monarch who now wanted even more of the colonists’ hard earned money, fueling growing resentment and strengthening the colonists’ objection to their lack of representation in the British Parliament.
Determined to achieve independence, the colonies formed the Continental Army, composed chiefly of minutemen, to challenge Britain’s large, organized militia. Following disturbances such as the Boston Tea Party of 1773, the war began when Britain sent a force to destroy rebel military stores at Concord, Massachusetts. After fighting broke out in 1775 in Lexington and Concord, rebel forces began a siege of Boston that ended when the Americans forced out the British troops in 1776 during the battle of Bunker Hill. The Crown’s offer of pardon in exchange for surrender was refused by the Americans, who declared themselves independent on July 4, 1776. British forces retaliated by driving the Continental Army of George Washington from New York to New Jersey. On December 25, Washington crossed the Delaware River and won the battles of Trenton and Princeton. After winning the battle of Saratoga, Washington quartered his troops through a terrible winter at Valley Forge, where they received the military training that gave them victory in Monmouth in 1778. British forces in the north were concentrated near New York, and France, which had been secretly furnishing aid to the Americans since 1776, finally declared war on Britain in June 1778. French troops assisted American troops in the south, culminating with the British surrender in 1781, bringing an end to the war on land. War between Britain and the U.S.’s European allies continued at sea. The navies of Spain and the Netherlands contained most of Britain’s navy near Europe and away from the fighting in America. The last battle of the war was won by the American navy in March 1783 in the Straits of Florida. With the Treaty of Paris on September 3, 1783 Britain recognized the independence of the U.S. east of the Mississippi River and ceded Florida to Spain.
This would be the story of a successful war of independence like many others throughout history. However, the military campaign is only part of what happened in America in 1776. Perhaps the most important event of the war of independence happened in a Philadelphia hall, away from the battlefield.
You see, unlike other nations that have obtained their independence from a foreign power, the thirteen original colonies were not a single entity. This was not a country trying to be independent from another. These were thirteen distinctively different peoples; they had different economies, different religious practices, different geographical circumstances, even different ethnicity. Unlike other independence movements, this was a decision made by a population with very little ties to their European monarch. Spanish and Portuguese nobility established in the rest of the Americas, they were governed by a king through a viceroy. The thirteen colonies had none of that. The immigration to what is now the eastern United States consisted of laborers, farmers, people who had been oppressed and persecuted by their European government. ) We can now see a similar situation with some of the 21st century immigration into the United States from Latin America). These people owed nothing to the crown. Ignored by the Crown, they took advantage of that freedom and successfully built a country where hard work and creativity gave them a lifestyle unimaginable for them in Europe. Two kinds of Americans participated in the movement of independence: the common hard-working individual who knew that it was wrong to give his hard-earned money to the British Monarch who had done nothing for him, and the well-educated, wealthy American segment of the population who were able to articulate this general desire shared by all Americans, and produce a blueprint for a government never seen before where all thirteen colonies, now states, would keep their independence while at the same time would unite with the other colonies for two fundamental purposes: to defend themselves from more powerful foreign nations, and to facilitate commerce and free trade among the thirteen states. They designed a system of government as far away from the powers of the monarch, with a very limited role for the government, with a divided power for checks and balances, and with an inverted pyramid structure where the government closes to the people would have more power than the government more removed from the American citizens. They elaborated this master plan in order to achieve three goals: the protection of life, liberty, and the pursuit of happiness; and they made it clear that the government would never be able to take any of that away from the people because the people created the government to serve it, because no authority or power, or rights ever came from the government; they made it clear that all this inalienable rights came from a higher power, by the Creator. In doing so, they doomed all potential tyrants for eternity, because in the United States the government gave nothing to the people and therefore, it cannot ever take it back. It is true that in 1776 blacks were considered property, and women and also men who did not hold land could not vote. It is true that it took an even bloodier war to eliminate slavery, and another century to begin a process of true equality; it is a work in progress; but the Declaration of Independence and later the Constitution and the Bill of Rights are the true American revolution.
Therefore, my friends and colleagues, when asked the question is it the American Revolution or the War of Independence, you should pause and remember that it was a military war of independence because it severed the ties between the United States and the British crown, but it was also a revolution because it went far beyond breaking away from the monarch, it created a brand new system with a limited role by the government, with checks and balances, and with the triple goal of protecting life, liberty, and guaranteeing the pursuit of happiness to all those in the United States. Therefore, as you answer the question, remember John Hancock, the president of the Continental Congress in Philadelphia, signing his name at the bottom of Jefferson’s master piece, with huge letters so that King George III “could see it all the way across the ocean” and answer that it depends on what you are addressing: the military movement or de fundamental change in government; and if they ask you for a term to describe it all, then in my opinion you should say: The revolutionary war. Now I ask you all, limited to the question posed in this post, to share your opinion and comments about this issue.
June 26, 2014 § 4 Comments
I have struggled with the issue of how to refer to a growing number of our colleagues whose work mainly takes place in hospitals, clinics, or medical and dental offices. Their primary function is to enable communication between a person who does not speak the language of the land and a healthcare provider: physician, dentist, nurse, psychologist, paramedic, and other support staff. As you all know, this area of interpretation has been around for some time, but it has just become formally regulated in the recent past. Because of globalization and its migration consequences, now many countries experience the need to have somebody to bridge the gap of communication that has developed between native speakers and immigrant communities. These developments have augmented the need for court interpreters, legal translators, school interpreters and many others; the healthcare field has not been an exception; in fact, this is the area where we can appreciate the most dramatic changes to the old “business as usual” format. Unlike other interpreting specialties, like conference, military and court interpreting, which have been around for a long time, these new service providers just organized a few years ago. Great efforts and devotion on the part of some individuals have produced important results like the creation of professional associations, the adoption of ethical and professional responsibility canons, and the development of certification programs and examinations. This is truly admirable.
There are two organizations in the United States that have emerged as standard-bearers of this profession: The International Medical Interpreters Association (IMIA) which endorses the National Board of Certification for Medical Interpreters exam, and the Certification Commission of Healthcare Interpreters (CCHI).
Keeping in mind the services provided by these professionals (based on the organizations’ websites, several hospitals’ information, and conversations with many of my esteemed colleagues) I reviewed all information I could find on the two certification exams that test English, professional conduct and ethics. To a lesser degree they test some medical-related vocabulary that a true bilingual individual should know, without any medical or pharmacological terminology studies, and they include very short paragraphs, or vignettes as one of the test refers to them, where patient and healthcare provider communicate regarding the symptoms that the non-native speaker is experiencing. The dialogue is an everyday conversation at a moderate to low register. Finally, I also noticed that the main part of the score overwhelmingly goes to the consecutive interpretation, leaving simultaneous and sight translation at about 10 to 15 percent each.
I am convinced that the work these colleagues do is essential to the healthcare industry and well-being of those individuals who otherwise would see their chances of receiving appropriate services diminished by reason of the language they speak. Nobody is disputing this. I also applaud the conditions under which they constantly work in hospitals, emergency rooms, and urgent care facilities where people perform under great stress. The writing of this post was simply motivated by my need to find a term I can feel comfortable with when referring to my colleagues, but before I am ready to form an opinion I should also consider what the rest of the world is doing and saying on this issue.
In Europe the services performed by our medical interpreters are part of what is known as public service interpreting or community interpreting in some countries. This public service interpreting also covers legal interpreting but not court interpreting as I will explain in a moment.
Public service interpreting refers to those services provided by an interpreter to help two individuals who speak different languages so they can communicate regarding everyday affairs, personal issues, including important topics, in cases when individuals who speak the same language would usually speak for themselves, but in this particular situation, because of the language difference, and cultural considerations, an interpreter is needed.
My dear friends and colleagues, conference interpreters provide their services to make it possible for individuals who do not speak the same language to communicate, by interpreting almost exclusively on the simultaneous mode, complex information at a high register. Their audience is usually formally educated. Court interpreters provide their services in cases when one or more individuals do not speak the language employed in court, to make it possible for officers of the court, litigants, jurors, and others, to communicate on the simultaneous, consecutive, whispered, and sight translation modes, everyday information, complex legal concepts and terminology, and expert witness testimony, at a variety of register levels.
Now I ask you to contrast these job descriptions with the job that public service interpreters such as school interpreters, welfare services interpreters, church interpreters, and community organization interpreters do. These professionals (and sometimes paraprofessionals that may include a family member) provide their services so that individuals who do not share the same language can communicate about important everyday matters such as parent-teacher conferences, services provided by religious organizations, and dealings with government agencies at the customer service window or over the phone. This work is almost exclusively performed on the consecutive mode, unlike court interpreting, and there are no formal rules to keep the interpreter from asking questions and give explanations to facilitate the communication. The main objective is to bridge the language gap without any consideration for rules of evidence or procedure. These interpreters can interrupt the parties and ask them to speak slower or in shorter sentences. While conference and court interpreters work with complicated and sometimes rarely used words as part of their everyday job, public service interpreters work with common vocabulary; not simple words, but words that anyone with a certain level of formal education, regardless of any interpreting training, should know.
This explains why we occasionally see conference interpreters in the courtroom and court interpreters in the booth. It also explains why conference interpreters, and not medical interpreters, interpret medical and pharmaceutical conferences; and why court interpreters, not medical interpreters, interpret the expert testimony of a pathologist or other medical professional during a trial.
I mentioned earlier that there was a difference between court and legal interpreters in many countries, and why the latter are considered public sector interpreters: A court interpreter provides her services in a formal court setting and during out of court events that are related to a current or future court or legal proceeding. A legal interpreter assists an individual who needs help with his dealings with the authority, such as getting a driver’s license, applying for government benefits, or requesting government documents. These interpreters are clearly outside the scope of the very strict canons of ethics and professional responsibility that govern the activity of court interpreters. Just as we may encounter a conference interpreter in court or a court interpreter in the booth, we may find a school interpreter or a medical interpreter in a government agency assisting a foreign language speaker with some excruciating government administrative process. I hope the example clarifies the issue, but I also ask you to look at this very carefully, because there are some who would like to assimilate the services provided by a court interpreter outside a courtroom to those of a public service or community interpreter; they would argue that these services are “legal” and not court services. They are wrong.
They are wrong because the terminology of legal versus court interpreter that was valid in the past does not apply to our globalized world. When most countries had a written legal system there was very little work for a court interpreter. In those days legal translators did most of the court work because everything was done in writing. Legal interpreters were then relegated to in-office interviews and customer service windows. If you consider that migration was less popular than it is now, then you would have a very low demand for court or even legal interpreters. Lack of migration did not impact legal translators who had to translate official documents, contracts, deeds, and many other written statements that originated within the other country. At the time the legal interpreter was really a community or public service interpreter. That reality is so different from ours. Presently, an interpreter who works before an administrative law judge, such as an immigration court, workers’ compensation court, or social security court, is subject to the same ethical and professional rules as the court interpreter who appears before a traditional court. The fact that some jurisdictions allow for non-certified or licensed interpreters to provide their services in administrative law courts does not mean that community interpreters should do the job. These courts still abide by rules of evidence and procedure, the interpreter has to act as if working before the traditional judiciary, the job must be done at a higher register, with specialized complex legal terminology, and on a simultaneous interpreting mode that does not allow to stop the procedure so the interpreter can request the litigants to slow down, or a consecutive rendition where the interpreter cannot ask the parties to speak in shorter sentences. The same can be said for civil depositions, jailhouse visits, and the transcription of wiretaps. On the other hand, those individuals who are appearing before the motor vehicle office are better off employing the services of a community interpreter because this professional knows more about handling situations where the interpreter has the freedom to step outside the box to achieve communication between the parties.
After considering all of these concepts and possible scenarios, and after reviewing the materials I have mentioned before, I understand that there are arguments to be made for the term medical interpreter, but I just do not believe that in my book that would be accurate. I think that the appropriate and accurate way to describe this very important segment of our profession is the one adopted by the Certification Commission of Healthcare Interpreters (CCHI). For this reason, I believe that we should call our colleagues Healthcare Interpreters instead of Medical Interpreters. Please let us all know your comments on this issue that to some may seem irrelevant, but is actually very important.
June 18, 2014 § 4 Comments
I attended a professional conference not long ago, and during one of my presentations, I asked the audience what was their opinion regarding the fairly new requirement that state-level civil courts in the United States, that get federal funding, must provide free interpreter services in all civil cases or lose that federal assistance. I was shocked by the answer given by several colleagues: They thought it was a great idea and it was good for the profession. I can understand the principle of making sure that all litigants be guaranteed equal access to justice by eliminating the uneven situation encountered by those who do not speak English during a non-criminal court procedure. I applaud the existence of the Civil Rights Act.
This does not mean that the way to accomplish such a high goal is by eliminating a work source for an entire segment of the professional population. The right thing to do was to provide court interpreting services for free in all civil matters to those who could not afford to pay for the services when provided by a private interpreter. In other words, there should be a system that mirrors that of the attorneys in criminal matters where individuals have a choice to retain the attorney of their choosing and if they cannot afford one the state provides a public defender for free.
The current situation, which has been supported and celebrated by many interpreters and professional associations, is flawed. Courts at the state level are covering civil hearings with interpreters that they label as “certified” although in reality these colleagues have only been certified as criminal court interpreters. To my knowledge there is no court interpreter certification exam in the United States that tests the interpreter’s knowledge in Civil Law, civil procedure, or terminology. In fact, many certified court interpreters who had never worked in Civil Law hearings are now providing the service; some of them reluctantly and out of fear of not being hired by the particular state court system if they refuse to do civil cases. This specialty work, that until now was provided by a group of very capable Civil Law court interpreters, is now being performed by a mix of good interpreters, good interpreters who do not know civil law and procedure, and mediocre individuals who are hired by the state level courts in order to comply with the federal mandate even if it is by just having a warm body next to the non-English speaker litigant.
Unfortunately, the current system is causing that all cases be covered by court interpreters provided by, and paid for, by the states. Some of us are fortunate enough to have a portfolio of attorney clients who are used to our professional services, and will continue to use the services of private interpreters, at least in out-of-court settings such as law offices and boardrooms; The problem is that it is now more difficult to convince prospective new attorney clients, who do not fully understand the value of retaining your own competent professional court interpreter, and pay for the service, instead of using the court appointed interpreter. Ant it gets worse, some of my colleagues who are good interpreters and used to have a decent amount of work through private Civil Law attorneys have bought into the system and are now providing their same upper-end quality services for a very low fee paid by the states. As you all know, criminal court interpreting is not a very well remunerated practice in the United States, and when it comes to the state level it is frankly appalling in some states. Historically, the best way to make a decent living working as a court interpreter in the United States has been to work as a civil court interpreter. Now we are at risk of losing this important part of our practice. At the state level it is disappearing as far as in-court work, leaving civil court interpreters with only two options (for now): out-of-court work at the state level such as office interviews, depositions, and witness preparation, and federal court practice where private interpreters can still provide their services.
To me it is crystal clear that it is impossible to celebrate anything as a victory when the outcome of that change results on a direct elimination of the source of income of another innocent group, in this case the court interpreters. The sad part is that, as I explained, the same universal access to civil courts could have been accomplished by inserting a provision indicating that free court interpreter services would only be provided to those who could not afford to pay for the services of an interpreter according to a certain income level and cost of living criteria.
As bad as this is, it is more frustrating and even discouraging to see how so many of our colleagues just go about their lives accepting all of these changes and even applauding them without ever thinking of the consequences to our practice in general and to them as individuals. I cannot find a good explanation as to why professional interpreter associations have voiced their opinion in favor of this policy without even thinking of the harm to the profession, to their fellow colleagues. Dear colleagues: Nobody spoke for the court interpreters when these changes happened! I know I will continue to educate my clients so they continue to retain my services regardless of policy changes; I know I will continue to talk to all those colleagues who ask for my opinion when these type of unfair situations happen, whether it is state-sponsored civil court interpreters, agencies who want to force court interpreters to work depositions alone totally disregarding universal principles about quality of interpreting, systems that want to unilaterally impose low cost, and lower quality, interpreting services by using new technology even when the quality of the service suffers, or any other issue that could impact our work as professionals. I will also look for professional associations that may share this same philosophy and are willing to raise their voice to bring the attention of the professional community to unprofessional practices and policies that hurt the profession or those who practice it. I now ask you to please voice your opinion on this issue, especially on civil court interpreting and how state-sponsored civil court interpreting brings down our professional income.
June 11, 2014 § 5 Comments
It is not very often that we as humans get an opportunity to witness first-hand a truly historical development. The Mexican interpreter community is presently experiencing just that. For a few years now, the Mexican government has been moving towards an administration of justice that is fair, transparent and accountable. The first step was to amend the Mexican constitution and switch from a written trial system to an oral system like the one followed by the United States, the United Kingdom and many other countries whose legal tradition comes from the Common Law System. Globalization has played an important part on these changes, and Mexico is not the only country moving away from a written system inspired by Roman and Napoleonic Law; countries like Chile and Costa Rica decided to adopt the oral system as well, and others are in the process.
In March 2014 Mexico took another significant step when the new National Code of Criminal Procedure (Código Nacional de Procedimientos Penales) was enacted. The next stage of the process calls for the development of a series of precepts and legislation that will cover in detail the various angles of the judicial process and its participants. One of these participants is the court interpreter.
This is the time for the Mexican interpreter community to provide their experience, knowledge, and wisdom to those in government charged with the task of regulating court interpreting services. It seems that the Mexican interpreters listened and answered the call, because there was a round table discussion at the National Institute of Criminal Sciences (Instituto Nacional de Ciencias Penales or INACIPE) a few weeks ago, and the auditorium was full of interpreters and many other legal professionals, including attorneys, administrators and activists. This was a forum where the interpreters contributed their voice to the task of overcoming the communication and language-related problems that come with an oral system of justice.
Some essential elements of the interpreting services, working conditions, and requirements to become a certified court interpreter (perito intérprete) were established to make sure that all interpreting services throughout Mexico are provided by prepared professional individuals who will have all the needed work conditions to do a first-class job. Team interpreting, booths, interpreter location in the courtroom, advanced materials, and an 8-hour maximum work day, were set as the basic requirements; for the first time ever an agreement by all interpreters to work united was reached. It was decided that foreign language, Indigenous language, and Sign language interpreters will cooperate and pursue the same working conditions. There is much to do in the near future, but the foundation has been established. Some of the next steps will include an outreach to the federal and state-level judicial authorities such as the Mexican Supreme Court (Suprema Corte de Justicia de la Nación) and the State Supreme Courts (Tribunales Superiores de Justicia) an information campaign using different media such as blogs like “The Professional Interpreter,” websites like the Mexican Conference Interpreters College (Colegio Mexicano de Intérpretes de Conferencia) website, TV on the Judiciary Channel (Canal Judicial) direct e-mailings, videos on YouTube, and more public forums like the one at INACIPE. Some of the main issues to be discussed in the near future include the qualifications to become a certified court interpreter (perito intérprete) both: academic and personal; the requirements to work as a certified court interpreter (perito intérprete) such as continuing education and legal authority to work in México.
Some people are working very hard to advance and achieve this goal: From INACIPE Director Rafael Estrada and the coordinator of this project Sofía Cobo Téllez, and from the interpreter side Georganne Weller, Hilda Tejada and Lucila Christen. I have had the privilege to closely work with all of them in this project and I have been inspired by their determination to succeed.
Because the world is changing, and I know that many of my colleagues in countries other than Mexico are facing similar situations at different stages, I decided to include this post with the hope that it may motivate, inspire, or encourage somebody else in our interpreting community to step up and do something to improve the quality of the interpreting services in his or her country. I now invite you all to share some of your stories about the changes and professional accomplishments that you have experienced in your country.
June 3, 2014 § 2 Comments
I received a message from one of my students of court interpreting in Mexico City. With the new oral trial system that is now being implemented in Mexico there will be many opportunities for interpreters to find assignments in court settings, so she is considering becoming a court interpreter when she graduates from college. She researched the matter, and as she was getting deeper into the world of court interpreting she decided to contact me with some of her doubts. Her questions were very good, so I thought about responding through the blog so that others, in Mexico and elsewhere, with the same or similar concerns could learn a little more about this area of the profession. I asked her if this was an acceptable way to answer her questions, she said yes, so I wrote down my answers. As I was responding to the questions I realized that this would be a lengthy post so I decided to divide it in two parts. Part 1 was posted two weeks ago. I now invite you to read the rest of my answers to her questions.
- What do you do as a court interpreter when a legal concept in the target language is similar, but not equivalent, to a legal concept in the source language or vice versa? Do you explain it? How do you get the knowledge to identify equivalences or similarities if you studied law?
There are many times when the interpreter faces a situation where there are similar legal concepts but the exact legal term or figure does not exist in the other language. This happens more often between languages from countries that have different legal systems: written Roman Law versus oral Common Law. The general rule for the interpreter is that she does not have to explain or define anything. It is the attorneys’ job and duty to explain the law not only to their client, but if needed, to the court interpreter so she can do her job. In a situation where a competent interpreter who has done her homework runs into a legal concept that she does not understand, she must research it and study it as part of her preparation for the case, and if there is no time for that, she has to inform it to the judge or attorney, depending on the interpreters function in the particular proceeding, so the legal term can be explained to her. Many times the explanation will allow the interpreter to find the correct term in the target language. Interpreters, who have studied Law as your question says, have the advantage of knowing and understanding legal figures and terms without any explanation. If this is the case, and the interpreter is ambitious, she can study the legal figure from the country where she did not study law and this way find a better solution to her problem. This is one of the reasons why most legal systems require interpreters to comply with continuing education requirements. Fortunately for you, with the new legal system being implemented nationwide, Mexican court interpreters will not find this situation very often anymore.
- What happens when someone, the judge, prosecutor, or defense, realize that the interpretation is wrong or misleading? Is the interpreter penalized, and if so, what sanctions does he face?
Interpreters are human and they perform one of the most difficult tasks in the world. Court interpreting is so complex, that most court systems in the world are now requiring team interpreting for all hearings lasting over an hour. Any interpreter can unintentionally make a mistake and we all do at some point. It is what the interpreter does after the mistake that makes the situation irrelevant or serious. In most countries, mistakes due to bad acoustics, poor delivery by the speaker, interpreter fatigue, etc., can be easily corrected by an observation on the record amending the mistake. Other more serious mistakes due to a complex legal concept or a lack of context may be more relevant but they can also be cured by a correction as previously stated or by an admonition by the judge. Mistakes due to the interpreter’s ignorance can be corrected by the other member of the team who will discuss the discrepancy with the interpreter who made the mistake, and then together the team informs the court, outside the presence of the jury, that there was a mistake, the circumstances are explained, and if necessary, the judge will admonish the jury, and the attorneys will draft a special instruction for the jury that the judge will read at the end of the trial. On rare occasion the error could be so serious that there needs to be a mistrial. I can only recall one case but that particular case was really a judge’s error and not an interpreter’s. The interpreter who made the mistake can be sanctioned depending on the seriousness of the mistake and the applicable law. In general, sanctions could range from an informal reprimand to a temporary suspension followed by a probation period, to permanent revocation of the certification, patent or license. There is usually a formal procedure that includes notice and hearing, and the interpreter is allowed to retain the services of an attorney. Depending on the magnitude of the mistake there could be civil responsibility and the interpreter may be required to pay a fine and damages. This can only happen when ordered by a judge or jury after a civil lawsuit where the interpreter will be allowed to present witnesses and legal arguments through an attorney if he wishes to do so. Like all professionals, interpreters are encouraged to carry civil liability insurance (errors and omissions). If covered, the interpreter will be represented by the insurance attorneys and in most cases all he needs to do is to pay his deductible.
When the mistake is really an intentional act by the interpreter to defraud or mislead another individual, he could face criminal charges, and if convicted, he could go to prison.
- Are there laws or regulations that state the requirements that need to be met to perform as a court interpreter, and are there any written duties and rights?
All countries that employ the services of court interpreters as part of their judicial process have legislation that sets the minimum requirements to qualify as a court interpreter and to maintain that status. There are also authorities that regulate the profession setting procedures, protocols, responsibilities and rights. There are also ethical canons, and professional responsibility norms that control the way the services are provided. Some countries, like Mexico, are currently in the process of developing these legislation and regulations where all of the interpreter’s duties, responsibilities, work conditions and rights will be included. In the United States there are two levels of legislation and regulatory agencies: the federal level with the United States Constitution, Title VI of the Civil Rights Act, and the Federal Court Interpreter Act as the legal basis, and the Administrative Office of the United States Courts (AO) as the implementing federal agency. All states either have or are in the process of developing court interpreter legislation, and they all have a state-level Administrative Office of the Courts (AOC) as their implementing agency. In Europe the legal foundation is twofold: it comes from the Directive of the European Parliament and of the Council on the Rights to Interpretation and to Translation in Criminal Proceedings, and from the county-by-country legislation. Court interpreters in Europe have joined forces to ensure access to justice by the founding of the European Legal Interpreters and Translators Association (EULITA). In Canada it is the provincial regulatory bodies that grant the certifications and the Canadian Translators, Terminologists and Interpreters Council (CTTIC) applies uniform standards across Canada. Most regulations and rules set minimum fees for court interpreters and basic work conditions.
- Some government court interpreting websites talk about working with certified and non-certified interpreters; why is that, and what advantages and disadvantages does that bring to the defense, prosecution/plaintiff, or judges?
The only acceptable option is that of a certified interpreter who has studied, tested, and proven to be able to provide the service. This however, is easier to do in smaller countries where there is not a wide variety of languages as there are in a country the size of the United States. In other words, the reason why you see non-certified interpreters even mentioned in these websites is because of the lack of interpreters. It is important to separate non-certified interpreters who work in languages where there is a certification program from those interpreters who work with languages with no certification program. For example, the United States has certification exams for three languages: Spanish, Haitian-Creole, and Navajo; at this time it only offers federal certification for Spanish interpreters, so it is understandable why a very good Russian interpreter is not federally certified. You cannot call them federally certified, but you cannot group them with the Spanish interpreters who failed the federal certification test and by that fact have demonstrated a lack of the minimum requirements to work in federal court in the United States. Depending on their own realities, some states offer certification in certain language combinations and other states do not. There are also administrative law courts in the United States, and remote courthouses in very little towns where there are no certified Spanish interpreters but there are many Spanish speaking litigants because it may be an agricultural center where many immigrants live. The dilemma appears when the system is confronted by a Constitutional mandate to provide interpreter services and a reality that says there aren’t any. It is for these cases that non-certified interpreters are used. In the United States this is happening less at the federal level in Spanish language cases because of new technology that allows a certified interpreter to provide her services remotely from a big city. Certified court interpreters are physically transported to the small towns if the case goes to trial or a long complex hearing is held. Speaking of Spanish court interpreters, the advantage this “compromise” brings to the parties, and in my opinion it is a very questionable one, is that they have an interpreter, they will at least have the best that was found, and the court can always stop the proceeding and demand a certified interpreter be provided either remotely or in person. The disadvantages are obvious: The court and parties will not have an interpreter that at least meets the basic requirements to work in federal court (a certification) The situation worsens when you see courts and attorneys hiring these marginal para-professionals when real certified court interpreters are available solely to save money as these individuals will usually (although not always) be cheaper than a certified court interpreter. There is also another problem in the United States and other countries that will hopefully be avoided in Mexico through legislation: Because the U.S. is a free society, there are plenty of language agencies, language “academies”, and “professional” associations who offer their own self-serving certification so that their lower-level “interpreters” can present themselves as “certified” or “licensed” and make the client believe that they are hiring somebody with professional credentials. There are those who justify this practice for what they call “lesser court cases” such as administrative court proceedings. I completely oppose this practice and I have written and spoken extensively against it.
- There are some suggested self-study techniques to become a good court interpreter, such as expanding your vocabulary, developing your own glossaries, developing your own interpreter techniques, and others. Do you have any tips or advice on how to do it?
I already addressed part of this question in Part 1 of this post when I discussed some of the things that a student can do to become a better court interpreter. I would add that you can expand your vocabulary by picking ten new words from the dictionary every weekday. At the end of a week you will know fifty new words; you will probably remember 15 to 20 and that will be a net increase of 20 words per week. Not bad. I would do the same with legal terminology. Pick a topic and learn the terms. By week’s end you will remember about twenty percent of what you studied and you will have a much better understanding of that legal figure: a contract, court proceeding, corporate document, etc. You can also develop your thematic glossaries; I would do a different one every month and I would use an application for that. I personally use Interplex because I have been using it for many years so I am used to it; I also like the fact that it is compatible with your telephone and tablet so you can have the glossaries with you anywhere you go. Finally, I suggest that when you watch a real court proceeding or when you go to a courthouse to watch a trial in person, you practice your rendition (in court under your breath of course) and when you do so, pay attention to those things that work for you, and develop them; this could be the way you come up with your own personalized note-taking system. When doing this, many years ago, I realized that it was easier for me to remember numbers and figures if I could associate them to the numbers of the jerseys of professional athletes. I am a big sports fan and I have always naturally remembered the players’ numbers, so for me it is very easy to remember an address let’s say on 3272 Main Street, if all I have to do is to remember Franco Harris (32) Mickey Mantle (7) Derek Jeter (2) Main Street. I know this system only works for me, but it works very well, and I came up with it by developing my own personalized technique.
I hope these answers helped you on your quest to become a court interpreter, and I hope they helped others in Mexico and elsewhere, including the United States, who are considering this profession. I also invite all of you to share with the rest of us any other suggestions or input you may have on any of the ten questions. I would love to hear from students, new interpreters, veterans of the profession; anybody who may be interested in helping the next generation to get there.