Attention certified court interpreters: You could be losing part of your profession!
January 27, 2014 § 7 Comments
Dear colleagues:
In my opinion the title of this posting is not an exaggeration of what is happening to the court interpreting profession in the United States and some other places. Let me explain: There are groups of community activists, profit-hungry interpreter training entities, and interpretation agencies (that do not represent the best interests of court interpreters) who are advancing the idea that court interpreters should only be required in the courtroom, and that out of court legal interpreting should be left to “other” type of interpreter who would provide a service that would be a mix of community and legal interpreting. They argue that court interpreters are required in court because of the impartiality that is needed and due to the formalities that must be observed. On the other hand, they claim that an out of court legal setting (that they refer to as “quasi-legal”) should be left to other interpreters without court interpreter certification who would (after they get trained by this special interest groups) be able to provide a service that, according to them, has a lot of community interpreting and some legal terminology that could be easily acquired by these “interpreters.”
This approach concerns me very much because as an attorney I do know that there are very delicate and extremely difficult legal issues that take place out of court. These individuals have suggested that family law mediations, preparation of wills, and other legal services, be provided with the assistance of a non-certified court interpreter. I dare to say that the best attorneys, the more difficult issues, and the ones that affect more people’s lives, are found outside the courthouse. You only need to visit a corporate attorney or a corporation’s legal department to see it.
All legal interpreting should be done by certified court interpreters because they are the ones that know the law, are familiar with the terminology, and are backed up by a certification system run by the state or federal government.
There was a similar movement in the United States a few years ago. That one proposed that to abate costs such as paying for the services of an ophthalmologist, optometrists should be allowed to perform certain types of surgery. Let me clarify: an ophthalmologist is a physician, an optometrist is not. You go to the optometrist when you need a new pair of eyeglasses. You go to the ophthalmologist when you need cataracts surgery. Dear colleagues: We are the ophthalmologists in this example. These special interest groups are trying to take away part of our field and give it to these new “optometrists.” To do it, they are arguing that these individuals would do a job that nobody is doing and that does not need certification as a court interpreter. What they are not telling you is that they will profit immensely from this scheme. The trainers will make money by “training” these people, the agencies will make money by paying a lower interpretation fee to these individuals who will not be court certified, some state governments will continue to receive federal funds because they would be “guaranteeing access” to non-English speakers who go to court and do not need to appear before a judge, and the community activists will be happy because in their mind court interpreters charge too much for their services and their clients cannot afford it.
But wait a minute, let’s stop right there and talk about the losers under this scheme:
Many court interpreters make over half of their income from legal interpreting outside the courtroom: mediations, depositions, jail visits, witness preparation, sight translation of documents, arbitrations, administrative court hearings, and many other legal scenarios.
Attorneys have a legal duty to vigorously represent their client in order to achieve what is best under the specific circumstances. It is hard to see how this can be accomplished by using lesser-interpreters, and in many cases paying the agency the very same fee they would pay for a competent professional. Attorneys do not know that the agency pays a lower fee to these non-certified individuals and therefore they get to keep more money.
The parties to a controversy or those seeking legal advice are paying for the best possible service, even those who approach non-for-profit organizations have to pay for filing fees and other administrative expenses. It is only fair that when you go to see an attorney, the attorney’s advice be interpreted by the lawyer’s equivalent in the interpretation field: a certified court interpreter.
Our system, our government, the taxpayers… they all lose under this scheme. A poor interpretation will have consequences. I have seen many criminal cases being dismissed because of the police interview of the defendant. Those who advocate this change are proposing that non-certified court interpreters do police interviews. A poorly sight translated contract, an incomplete will due to a bad interpretation, an unfair parenting time schedule because of lack of understanding of the law on the part of the interpreter, they all lead to litigation and litigation costs money. Surgery by an optometrist… I would love to see the reaction of an administrative court judge when he is told that because his courtroom is not a real one he will have the services of a non-certified court interpreter.
It is true that in many places some of these services are currently performed by non-certified individuals. It is true that the special interest groups will defend themselves by saying that with their “home-grown certification” the people who interpret in those settings will be doing a better job than the one that is provided right now. The excuse that there is a great need for interpreters in many languages that have no court certification program is not valid either. There are interpreters in these languages that have been evaluated by the court system and allowed to work in court. Until there is a court certification program by the state, these are the interpreters who should be doing all of the legal work. The “solution” proposed by the special interest groups does not improve the quality of the service.
Instead of rushing towards mediocrity and spending time and effort justifying why it is a good option, these special interest groups should join forces with the professional community (certified court interpreters, attorneys and government) and strive to attract more quality individuals to the profession, to demand first that everybody be certified as a court interpreter and that there be continuing education for those who may want to specialize in family law mediation, corporate planning, international arbitration, immigration law, etc.
Instead of marching in lockstep with the interpretation agencies, all community organizations and true trainers, who are concerned about the quality of the interpretation and the fulfillment of the existing demand, should join forces with the professional certified court interpreter community to demand from these agencies a better pay to the real quality-proven interpreters.
Dear colleagues, I don’t know if this will happen and I would not be surprised if these special interest groups and individuals attack and criticize what has been said in this posting. Learn from our colleagues who are already fighting a battle to keep or recover their profession in other countries like the U.K. We have to defend our profession. Paralegals are not opening shop all over to offer their legal services out of court. Do you know why? Because the lawyers would not let them. They would be charged with practicing law without a license. We need to do the same. We need to defend and protect our profession.
For that reason I ring this wake up call. Be alert! Educate your colleagues and clients; do not let them take this huge piece of you professional field away. You will lose and everybody will lose.
A travesty of justice, and hope to non-English speakers, come to the Illinois judicial system at the same time.
January 20, 2014 § 4 Comments
Dear colleagues:
By now many of you heard of the Luis Pantoja case from my postings on Twitter and Facebook or from the media attention it received from printed press and TV. This is the case of the individual charged with sexual assault on a Spanish speaker woman in Cook County Illinois (Chicago). On cross-examination during the preliminary hearing the victim contradicted herself and it became evident to the defense attorney that she did not understand his questions. He asked her if she wanted an interpreter and she answered: “…yes. Please…” Unfortunately, Cook County Illinois Judge Laura M. Sullivan decided against the request and simply asked the defense attorney to rephrase the question. Because of the contradictions in the testimony, obviously due to the language barrier, on September 17, 2013 this judge dismissed the charges as she found no probable cause; she also set Pantoja free. It is puzzling that Pantoja, who is hearing-impaired, had the services of a Sign Language interpreter during the hearing. Pantoja was arrested again on the first week of January 2014 and this time he was charged with the sexual assault of a 15-year old girl. This time he has been held in custody on a $2.5 million bail. This judge has been characterized in the past as “minority hater” by some publications. At the least, her decision in this case shows a lack of judicial judgment. Besides the public outcry against this travesty of justice, and the criticism to the judge and judicial system by Second City Cop, The Chicago Tribune, The Chicago Sun-Times, Salon Magazine, and others, the National Association of Judiciary Interpreters and Translators (NAJIT) issued a very strong opinion condemning the decisions taken by the judge, and the flawed state legislation that does not provide for an interpreter in cases when the victim or a witness speak a foreign language. They are right. Unfortunately, nobody mentioned the other crucial aspect of the problem: There is no court interpreter certification in the state of Illinois.
Dear friends and colleagues, the state of Illinois is home to more foreign speakers than the U.S. average, and the city of Chicago is one of the most diverse cities in the world with people from all corners of the planet, and with a huge Polish and Hispanic population. There are many more foreign language speaker cases in Cook County Illinois, the county where the city of Chicago is located, than most other judicial systems in the United States where they have implemented a court interpreter certification program. In other words, the program does not exist where it is needed the most. This lack of quality control has allowed that people with untested knowledge and skill work as language interpreters in this busy judicial system. If you add to this lack of certification the extremely low pay and shocking working conditions that exist for those who provide interpretation services in Illinois, you can easily conclude that even with legislation that required interpretation services for victims and witnesses, and even with a more considerate judge presiding over this case, the chances of this victim getting accurate and professional interpretation services were very slim.
Although I live in Chicago, I do not know the state of Illinois court interpreters because in Chicago, just like in other big cities, state-level court interpreters and federally certified court interpreters do not work in the same places. Chicago is a very international city with a great need for good capable interpreters who work its many conferences, countless professional and corporate training sessions, and the federal courts where only interpreters certified by the Administrative Office of the United States Courts can work. I still remember when I first moved to Chicago and tried to meet the Cook County Illinois court interpreters. All I wanted to do was to let them know that I was their new neighbor. I took the telephone and called the main interpreter office. A person answered the phone and before I could even tell him who I was, he told me that: “…well, you are an interpreter…we are not hiring anybody. We have all the people we need. Goodbye…” and he hung up on me. I could not even tell him my name. Frankly, after such a rude greeting I lost all desire to contact that office ever again. Since these interpreters get paid between $15.00 and $25.00 per hour there was not even an economic incentive to try again. Now the “hope” part of the posting.
Despite all the problems and irregularities above, the Administrative Office of the Illinois Courts is currently developing a plan to provide access to the courts to those who do not speak English as their first language. After all these years the U.S. Justice Department decided to enforce the requirement that all individuals have access to the administration of justice. Basically, unless the states comply with the U.S. Constitution and the Civil Rights Act of 1964 and provide language access to all people, the federal government will stop all monies it presently gives to the states. All states that were not in full compliance, and all others who did not even have a court interpreter certification program like in the case of Illinois, had to start planning and implementing these changes. Last week I attended a Language Access to the Courts meeting sponsored by the Illinois Judicial Branch in Chicago.
The meeting was well organized and the attendance was very good. The State government officials in charge of developing the plan seemed capable and enthusiastic. Of course, there were different motivations among those in attendance: There were those state administrators who want to keep the federal funds and see this as another hoop to jump through; the interpretation agencies were there to watch over their interests and make sure they are not left out of the game. Some educational organizations were present in hopes of being awarded an interpreter certification training contract; some others were there for no other reason than a real commitment to equal justice; and of course some interpreters were there: non-certified interpreters who went to see what is coming to them, and certified court interpreters (I include myself in this group) to make sure that our profession is not diminished by the desire to get this implemented somehow in order to keep the federal funds coming.
There were valid and important points made during the meeting. This was good. Unfortunately, there were also remarks that frankly worried me. It is clear, and fortunately the people from the State in charge of this program know it, that these changes from now until the day when we only see certified court interpreters in the Illinois courts is far away. It was of concern to learn how court administrators do not know where in the world some important languages are spoken, or how they refer to certain languages as “dialects,” and it is really incredible to hear a judge say that as a bilingual person, he has no problem doing the entire hearing in the foreign language instead of waiting for an interpreter to get to the courtroom; but it also lets us comprehend the magnitude of the task ahead. I selected the term “hope” for this posting because I really hope that this change happens. I want to trust those involved in the planning and implementation of this Language Access Plan.
It is important to remember that as professional certified interpreters we have to remain vigilant so that the certification requirements are not watered down, and more importantly, that the exceptions to the certification process do not happen. At least we have to make sure that they do not happen in those languages, like Spanish, where there are plenty of capable certified interpreters who hold a federal certification or a credential from another state. It is essential that we make sure that to continue working, those already employed by the state courts as interpreters take the certification exam and pass it. It is necessary that we educate the public and private bar so these attorneys know the difference between a certified court interpreter and an old-timer who cannot pass the test. We have to make sure that the interpreter fee issue is discussed as part of this program. In a state like Illinois, particularly in a metropolitan area like Chicago’s, the courts will never get the top-tier interpreters unless they pay them accordingly. There are just too many other places where interpreters get a professional fee that takes into account the big city lifestyle with all of its expenses. As I said, I have hope; let’s make sure that it becomes reality so that we never again have to deal with a travesty of justice like the one perpetrated in Cook County Court last September. I invite you to share your ideas and comments on both issues: The Cook County Court horror story, or the possibility of having a real court interpreter certification program in Illinois.
Turning into a better and more successful interpreter in the new year.
January 6, 2014 § 5 Comments
Dear colleagues:
2013 was a great year for many of us. Quite a few of you developed professionally and became better at what you do. I congratulate you for that important achievement; unfortunately, competitors are still out there, languages are still changing, technology continues to improve, and clients (agencies or direct corporations) are willing to pay for what they need but are looking for the best service at the best possible price. The question is: How do we adapt to reality, keep up with technology, and improve our service? The answer is complex and it includes many different issues that have to be addressed. Today we will concentrate on one of them: Professional development.
It is practically impossible to beat the competition, command a high professional fee, and have a satisfied client who does not want to have anything to do with any other interpreter but you, unless you can deliver quality interpretation and state-of-the-art technology. In other words we need to be better interpreters. We need to study, we have to practice our craft, we should have a peer support network (those colleagues you call when in doubt about a term, a client or grammar) and we need to attend professional conferences.
I personally find immense value in professional conferences because you learn from the workshops and presentations, you network with colleagues and friends, and you find out what is happening out there in the very tough world of interpretation. Fortunately there are many professional conferences all year long and all over the world. Fortunately (for many of us) attending a professional conference is tax deductible in our respective countries. Unfortunately there are so many attractive conferences and we have to pick and choose where to go. I understand that some of you may decide to attend one conference per year or maybe your policy is to go to conferences that are offered near your home base. I also know that many of you have professional agendas that may keep you from attending a particular event even if you wanted to be there. I applaud all organizations and individuals who put together a conference. I salute all presenters and support staff that makes a conference possible, and I wish I could attend them all.
Because this is impossible, I decided to share with all of you the 2014 conferences that I am determined to attend:
The National Association of Judiciary Interpreters and Translators (NAJIT) Annual Conference in Las Vegas, Nevada (May 16-18) Although I am still undecided about going to Istanbul Turkey in March with InterpretAmerica because of scheduling reasons, I am determined to be in Las Vegas in May for the largest judiciary and legal interpreter and translator gathering anywhere in the world. This conference lets me have an accurate idea of the changes in this area that is so important for our profession in the United States. It is a unique event because everybody shares the same field and you get to see and network with colleagues that do not attend other non-court interpreting conferences.
The International Federation of Translators (FIT) Conference in Berlin, Germany (August 4-6). This is an event that cannot be missed because it does not happen every year, because it attracts a different set of colleagues, and because it has a more European flavor than the other huge event in our profession: The ATA conference. Presentations are usually different from other conferences because of the topics that are discussed and the presenters’ style, and in my opinion it gives you a better picture of the European and Asian market than any other event.
The International Association of Professional Translators and Interpreters (IAPTI) Annual Conference in Athens, Greece (September 20-21). I go to this conference because it is IAPTI. Because it is about us, the interpreters and translators! This conference, and this organization for that matter, presents a unique point of view of our profession that I consider priceless. It is the only international conference of this size where there are no corporate sponsors. All you see is translators and interpreters like you. Some of the results of this innovative approach are that the conference attracts a very important group of colleagues that stay away from other conferences because they are bothered by the corporate presence. This is the conference to attend if you want to learn how to deal with agencies, corporate clients and governments because the absence of all those other players fosters this dialogue. You can attend the presentations and workshops knowing that no presenter is there to sell you anything and that is fun to have at least once a year.
American Translators Association (ATA) Annual Conference in Chicago, Illinois (November 5-8). This is the “mother” of all conferences. If you have attended one you know what I am talking about; if you have not, be prepared to be among an overwhelming number of colleagues from all over the world who gather once a year to share experiences, attend workshops and presentations, do networking, buy books, dictionaries, software, hardware, and even apply for a job as an interpreter or translator with one of the many government and private sector agencies and corporations that also attend the event. This is the conference that all language professionals have to attend at least once during their lifetime. As an added bonus, the conference will be held in beautiful breath-taking Chicago with all of its architecture and big city life.
I know the choice is difficult, and some of you may have reservations about professional gatherings like the ones I covered above. Remember, the world of interpretation is more competitive every day and you will need an edge to beat the competition. That advantage might be what you learned at one of these conferences, or whom you met while at the convention. Please kindly share your thoughts and let us know what local, national or international conference or conferences you plan to attend in 2014.
The Professional Interpreter 