When the interpreter faces a bigot.
July 21, 2014 § 11 Comments
Dear colleagues:
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.
When the interpreter thinks the attorney did something sleazy.
July 14, 2014 § 4 Comments
Dear colleagues:
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.
Is it the American Revolution or the War of Independence?
July 4, 2014 § 11 Comments
Dear colleagues:
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.