Legends and stories for the season.

October 28, 2015 § 3 Comments

Dear Colleagues:

It is Halloween time in the United States and many other places. Whether a native tradition, or an imported commercial scam, the fact is that Halloween is now a part of many lives.  In past years, I have used this space to talk about the history of Halloween, horror movies, and even monsters and ghouls.  This time I leave to others the task of looking for the links between Halloween and the Day of the Death, and I will not even bother to refute those who are going around saying that the Mexican ceremonies from Michoacán state have their roots in Aztec culture when the Aztecs were not even from that part of the country.  This year I decided to share with you five of my favorite ghost stories and spooky legends from the Spanish speaking world. There are plenty more, including many stories from the rest of the world that I have also made my favorites and I will probably share in the years to come, but for now, please let me tell you the following stories and legends, so go ahead, dim the lights, get under the blanket, and prepare yourselves to be spooked:

Ánimas Mountain (El Monte de las Ánimas. Spain)

The story tells us that a long time ago, during the Arab occupation of Spain, the King of Castile asked the Knights Templar to come to Soria, a village in his kingdom and help him defend the city. Unfortunately, this made the local aristocrats angry as they thought that they were brave and skilled enough to defend the kingdom. The situation got worse because the Knight Templars controlled Ánimas Mountain, a place reach with game and a hunters’ paradise. As a result, the noble Castilians had to find their food somewhere else. They did not succeed and lived a life of austerity while the knights were hunting and enjoying the abundance of the mountain. Soon, both groups met in fierce battle that left Ánimas Mountain full of corpses that were eaten by the wolves. The king intervened and banned them all from going back to the mountain turning it into a desolated sight with a decaying Knights Templar chapel.  It is said that ever since, on the eve of the Day of the Dead, the chapel’s bell can be heard, and the souls of the warriors come back to the mountain wearing their torn battle suits and leaving their grim footprints behind. For many years people were cautioned not to go to the mountain on the Day of the Dead’s eve.

Then, many years later, Alonso, a young aristocrat from Soria, who was in love with Beatriz, a beautiful young woman who was visiting the village, and staying at the Count of Alcudiel’s palace, announced that she was going to leave the village and live in France. Alonso, devastated, confessed his love and told her of his fear of losing her forever. To this confession, Beatriz replied that in her kingdom there was a tradition where the gentleman would give the lady a garment or a personal item to pledge his love. Immediately, Alonso gave her the brooch that held the feather to his cap, and asked her what she was going to give him in return. She told him that she would pledge her blue ribbon. She looked for it, and realized that she had lost in on the mountain earlier that day, so she asked him to go to Ánimas Mountain and retrieve it.  Alonso admitted that he was afraid to go to the mountain that night, but she did not change her mind. Finally full of fear, Alonso got on his horse and off he went in search of the blue ribbon.

As the night got darker, Beatriz heard noises, a bell, and horrible screams coming from the mountain until she finally fell asleep. The following morning she woke up to the screams of nobles and commoners alike. They were yelling that young Alonso had died on the mountain the previous night. She got out of bed to go outside, and that was the moment when she saw a torn bloody blue ribbon on her bed. When the servants reached her chambers to tell her of Alonso’s death, they found Beatriz dead; her face had with a horrible expression: She had been scared to death!

From that day on, the legend tells that on every Day of the Dead’s eve, the skeletons of many warriors can be seen fighting all over the mountain, and if you pay special attention, you can see the figure of a pale barefooted bloody woman yelling and screeching around Alonso’s grave.

The House of Don Juan Manuel (La casa de don Juan Manuel. Mexico)

There was a house in 16th Century Mexico City, the colonial capital of New Spain. It’s address: 94 Uruguay Street. It was the home of Don Juan Manuel de Solórzano, a wealthy man who was married to a beautiful woman who happened to be much younger than him. Don Juan Manuel was very jealous and he firmly believed that his wife was cheating on him. To find out who was her lover, he invoked the devil and made a deal: Don Juan Manuel gifted his soul to the devil in exchange for the name of his wife’s lover. Once the deal was sealed with Satan, Don Juan Manuel learned that his wife had been loyal to him all along, but it was too late.  The house still exists in Mexico City and it is presently used as an events ballroom. It is said by many that at night you can see a man dressed in 16th Century fashion who paces in front of the main entrance and approaches those who go by the house and asks them the same question: “What time is it?” and when the answer happens to be: “eleven o’clock”, Don Juan Manuel just answers back: “How fortunate is the man who knows the time of his death”.

La Tunda (Colombia)

Do not confuse the name with the Spanish word for a beating. It has nothing to do with it. It is said that for centuries, a horrific creature has inhabited the forests of Colombia’s Pacific coast. This monster has an insatiable appetite for human flesh and it prefers small children. Hunters and their families can be tricked by this creature at night when it takes the shape of a beautiful woman to trap men, and imitates the voice of a child’s mother to lure them into the forest where it holds them prisoners in a cave until it eats them one by one. The legend says that in order to keep them from running away, the creature feeds them seafood with special powers that paralyze the body leaving the victims totally helpless.  Many say that even now, especially in the Chocó region of Colombia, you can hear this motherly voice calling for its victims at night.

The Legend of Caá-porá (Paraguay)

There is a giant with a huge head who lives in the Guaraní Mountains of Paraguay. This huge being can only be seen in the most inaccessible parts of the mountains, but those who have encountered it, claim that he smokes a macabre pipe made of a human skull. Caá-porá will not harm those who go to the mountains to hunt for their own food, sometimes he even guides their dogs to the prey. However, this giant is ruthless with hunters who go to the mountains for the sole purpose of hurting the animals. Those hunters will face Caá-porá who will devour the animals before the hunters can get to them, spoiling their hunting trip. On other occasions, this big-headed giant can confuse the dogs so they cannot find any game, and kill the hunters to eat them.  It is said that those who have escaped the giant and made it back to civilization, come back under a spell and are never the same. Now you know, so the next time you go to the Guaraní Mountains and run into a hunter who may look bewitched, dozing or sleepy, you will have met a victim who escaped from Caá-porá.

Súpay (Argentina)

Also known as Zúpay, is a devil known since the days of the Incas. Súpay lives in the northern and central regions of Argentina in an underground cave named Salamanca. His home was originally called Supaihuasin (hell in Quichua).  This devil dresses all in black with a broad hat, gold and silver ornaments, spurs, a dagger, and a guitar. On Tuesday and Friday nights, it rides its horse until it finds some unsuspecting travelers. He asks them to dinner, and after hours of food and drinking, and once Súpay has entertained its guests with his guitar, he proposes a deal to his victims: their souls in exchange for temporary fortune and reaches.  Súpay followers visit his underground cave to learn his black magic and other means to hurt people.

I did my part to put you on the Halloween mood, now I ask you to please share with us other chilling legends or stories from your countries.

When the interpreter does not hear the speaker.

October 21, 2015 § 6 Comments

Dear Colleagues:

In recent weeks I have been contacted by two different colleagues who basically had the same problem: What do you do as an interpreter when you did not hear what the speaker said, and the cause of the problem is the speaker himself?  I thought about the question, and I realized that this situation is more common than we may think when we first consider it.

There are many reasons why an interpreter’s professional life can get complicated, and one of them is a poor speaker.  There are also a multitude of circumstances that arise during a conference, negotiation, trial or interview, that will not let us hear what was said, many of them can be traced to a deficient sound system, bad interpreting equipment, wrongly situated interpreters’ booth, technician’s ineptitude, and others.  Today we will focus on those occasions when the problem can be traced back to the speaker.

There are basically three kinds of speakers for the matter that occupies us this time: The experienced speaker, the novice, and the careless.  A seasoned individual used to public speaking will speak clearly, at a good pace, and with the audience in mind. If these speakers are used to an international audience, they will also adjust the form and content of their speech so it can be interpreted to a series of foreign languages without major problems. With some exceptions, we find these orators at the events of the highest level.  They are the group that creates the least problems for the interpreters, and can be approached with suggestions to improve the rendition into the target languages.

Many novice speakers have to deal with fears and insecurities, their experience addressing a crowd is non-existent or at best very limited, and they ignore the details and even the basic rules that must be observed when talking to a diverse, multicultural, and foreign language speaking audience.  They can be very difficult to interpret, and hard to hear; but once they are past their fears and insecurities, they are usually receptive, coachable, and willing to work with the interpreters.

It is the careless speaker that causes most of the interpreters’ headaches.  Many of them have been around long enough to know how to speak in public and how to address a foreign language crowd; they all know that there are special considerations by the orator when a speech needs to be interpreted into another language, but they consider it of little significance and dismiss it. Some of them are even worse, as they truly ignore the basic rules of public speaking before an international audience because they just don’t see any benefit or motivation to learn them.  These are the speakers that will keep interpreters sleepless all night.

Besides separating this problem from all technical and logistics occurrences that can cause difficulties when listening to the speaker, to be able to look at this issue in detail, we must deal separately with the different types of interpreting where the situation may be present sometimes.

Conference Interpreting.

The most common situation is when the speaker abandons the microphone.  The presenter leaves the podium with the fixed wired microphone and walks around the stage speaking directly to the audience without any devise, or holds a handheld mike as he speaks, but keeps the microphone pointing to the opposite direction from his mouth, making it impossible to hear in the booth what was said.  The problem could also exist when the speaker has a lapel microphone which has been poorly placed on his body or when he ruffles the mike with his hands or clothes.

The best way to avoid this issue is through education.  With the exception of the experienced speaker, most people will benefit from a brief orientation on how to work with interpreters. Reputable truly professional agencies and event promoters will likely take care of this issue by providing some literature to the presenter ahead of time, or by asking the speaker to set aside a few minutes before the speech to talk to the interpreters who will let him know what adjustments he needs to make for the benefit of the booth and more importantly, for the benefit of the foreign language speakers who are in the audience as guests or as paid ticket holders.  I suggest that you have a standard brochure, prepared by you to be given to the speaker, where you address and explain all these nuances and considerations that must be kept in mind when speaking before an audience with interpreters.  This can be used when the agency is not that reputable or experienced and does not even think about this speaker orientation aspect of the event, and you can offer it as an added value to the client, and charge for it.

Next, unless it is an experienced individual or a very busy dignitary or celebrity with no time to spare, you need to be ready to meet with the speaker before the event anyway; even if it is just to ask if he read the brochure and to inquire if he has any questions, or, as it will no doubt happen many times, to go over the contents of the brochure with those orators who “did not have time to read the brochure ahead of time”.  It requires that at least one interpreter from the team (usually the lead interpreter for the event) arrive to the venue a little earlier. When there are several booths, you can distribute responsibilities so that an interpreter is testing the equipment with the technicians while you are meeting with the speaker about the orientation brochure.

The strategy above should take care of most situations, but you have to be prepared for the speaker who forgets what he was told during the orientation and leaves the microphone behind in any of the ways described above.  In that case your options are limited a somewhat drastic measures:  (1) Your first option should be interpreter console in the booth (when available) and let the speaker know that he is not using the microphone, or that he did not turn it on, by pressing the slow-down button on the console. This is a discreet way to communicate with the presenter without leaving the booth.  (2) When the interpreter console does not have this button, as many older models do not, then the interpreters should use the help of the technician, and ask him to let the speaker know that there is a problem, either by the technician approaching the stage and communicating with the speaker by discreet signs, or by passing a note to the podium.  (3)  If the technician is not around at that particular time, one of the interpreters will have to leave the booth and hopefully, from the back of the room, get the attention of the orator. If this is not possible due to the booth location, lighting of the room, or the distance to the stage, then the interpreter should approach the stage and deliver the note to the speaker.  (4)  Finally, there will be times when none of the above options may be available because the interpreters’ booth is in a place relatively inaccessible from the stage (many built-in booths have access from the street through a separate entrance from the main auditorium’s). In those rare cases the interpreter can get to the speaker by asking the audience he is interpreting for, to please ask the speaker to speak into the mike. This is a drastic measure but it is better than leaving half of the attendees in the dark as to what the speaker said during the presentation.

Court Interpreting.

The situation in court is different.  First, unlike a conference setting, there will be several people speaking back and forth during the same occurrence, usually a hearing.  Some of them will be aware of the need to be heard by the interpreter while others, like the witnesses and the parties to the litigation, will not even realize that the hearing is being interpreted into a foreign language.  The most common scenarios where it will be difficult, if not impossible, to hear what has been said will be when the person speaking moves away from the microphone. In the case of the witnesses and litigants the problem could also be that they simply do not speak loud enough.

Because of its rigorous rules and protocol, and because there is a record being kept of the hearing, interpreters in this setting have an easier way to correct a party when they cannot hear what was said. It is enough for the interpreter to raise her hand and voice and state aloud (in the third person because there is a record of the hearing and therefore the voice of the person speaking has to be announced for the transcriber) that “the interpreter cannot hear the attorney, judge, witness, plaintiff, etc., and ask that the parties speak into the microphone. Thank you”. Some interpreters may prefer to ask the judge to admonish the parties to speak louder or using the microphone, by stating aloud, immediately after the word or phrase was uttered, that: “the interpreter respectfully asks the court to instruct the parties to speak louder and into the microphone”.  Because as a general rule there are no booths and the interpreters are very close to the judge and litigants, this can easily be accomplished in an expeditious way. The only word of caution would be that the interpreters must find the best place to locate themselves (in those courtrooms where there is no interpreter desk) to avoid interrupting the proceedings very often.  Another valuable resource that should be used before interrupting the hearing is a simple consultation with the passive interpreter in the team. Many times the passive interpreter may be able to discern what was said because, unlike the active interpreter, she is not listening to the hearing over her own voice at this time.

Consecutive interpreting.

This problem could be easy to solve or very difficult during a consecutive rendition. It depends on the venue. When doing consecutive interpreting in court, usually for a party or witness who is testifying from the stand, the solution is the same as in the case of simultaneous court interpreting above. Sometimes, if the word that was not heard is irrelevant to the hearing, the interpreter can ask the witness, who is sitting next to her, directly. It would be better, and safer, to announce this circumstance first by stating aloud: “the interpreter will ask the witness to clarify (or repeat) a word that the interpreter did not hear…”

When the interpreter is working as an escort and there are words that he did not hear because of background noise, or because the speaker turned her heard the other way when she said the word, the interpreter can simply and informally stop her on the spot and ask her to repeat what she just said. This is quite common when visiting touristic attractions, industrial plants, or places where crowds gather such as markets, plazas, train stations, and so on.  The same solution can be applied to healthcare interpreting during doctor or nurse appointments.

The situation is quite more complicated in the case of a long consecutive rendition during a press conference, diplomatic negotiation, or a ceremony.  In this case there could be different scenarios: (1) When the interpreters are working as a team, the passive interpreter can help the active colleague in a similar way as described above when we dealt with court interpreting. (2) The situation is more difficult when the interpreter is working alone. Many times the solution will depend on the style of the interpreter as he could start the rendition while slipping a note to an aide asking for a term that he did not hear, he could ask the speaker to repeat the term after he finished his statement and before the interpreter starts the consecutive rendition, or the interpreter can go ahead with the rendition and stop to ask at the time when the word that he did not hear was said by the speaker.  This may sound quite scary, but we must remember that this case scenario will rarely happen as interpreters are well-prepared for these events and know the relevant terminology; Many times the word that the interpreter did not hear can be inferred from the context of what the speaker said, sometimes the name is repeated later on the speech and the interpreter heard it the second time, and the word may turn out to be irrelevant to the message and therefore it can be left out. Remember, this is not short court consecutive interpretation.

As we clearly see, once again we face the reality that interpreting is a very difficult profession, but many of the complications and problems that appear during the rendition can be prevented and resolved with good preparation, which includes educating the speaker. I now ask you to share with the rest of us some of the times when you had to face this same issue, and tell us how you solved the situation and saved the day.

A lesson to all interpreters.

October 12, 2015 § 9 Comments

Dear Colleagues,

We have seen over the past few weeks how a grassroots movement by some of our colleagues has produced results that until recently would have been considered unrealistic.  I am referring to the freelance United States immigration court interpreters who, so far, have refused to accept the contractual conditions offered by a new federal government contractor that does not deal with them as language professionals but as unqualified laborers.

For many years, federal government contractors did their bidding and earned contracts from the immigration courts (EOIR) based on a widely accepted assumption that immigration court interpreters would take any fee offered to them, regardless of how low it was. This is how the bidding process worked and produced the abhorrent working conditions that LionBridge imposed on the interpreters, including extremely low fees, absurd cancellation policies, unprofessional treatment where the interpreters’ word had no credibility when their word conflicted with court staff, and even a penalty for those who wanted to be paid on time.  For these reason many interpreters left, or never entered, the immigration court interpreting field. It was just unattractive to those who wanted to make a higher income and expected to be treated like professionals.  Even now, the testimony of several attorneys reflects this reality when they comment that, many times, the quality of the interpretation in immigration court was lower than at those courts managed by the Administrative Offices of the Courts.

This is the environment that SOSi, the new bidder, encountered when they came into the picture. No wonder they pushed interpreter working conditions to a low never seen before.  They assumed that this time would be like the others and interpreters would take the offer, no matter how unfair and insulting.  They were wrong.

You see, friends and colleagues, a few things have changed since the last time the contract was awarded to LionBridge. By the time SOSi bids for the EOIR contract, there were more interpreters with a formal education than before; these colleagues had entered to the world of immigration court interpreting for many reasons: to gain some professional experience, to put their name out there, to have some income to begin to repay their student loans…

They worked as immigration court interpreters, but they were not there to stay; their time working over there would be a step towards a more fulfilling and better paid career. They did not plan to stay, but while they were there, they shared their ideas about professionalism and their personal dreams with the other interpreters who were already there. They inspired many of them to study to better themselves as interpreters, to go to a community college and study interpretation, to take a state or federal court interpreter certification exam, to become certified as healthcare interpreters, and so on.  The crowd that SOSi encountered did not look much like the one its predecessor found some twenty years earlier. The result: They would not put up with worse working conditions than the horrendous ones they had suffered from the previous contractor, so they refused to sign the contracts, and the deadline for SOSi to take over interpreting services came and went without fulfilling their obligation because of their lack of the most precious and indispensable asset to provide interpreting services: the professional immigration court interpreter.

These colleagues took advantage of things that were not there the last time the contract was up for bids: social media, communication and peer support, information about the working conditions of other court interpreters working somewhere else, and the experience of our colleagues in the United Kingdom with another agency devoted to the degradation of the professional interpreter: Capita.

The refusal to sign these individual contracts happened all over the United States, the voice got louder, blogs spread the word and informed some not-so-well known facts about the contractor (https://rpstranslations.wordpress.com/2015/08/31/disrespecting-the-immigration-interpreter/) virtual forums were created, professional associations intervened, the media wrote about this issue in English (http://www.buzzfeed.com/davidnoriega/immigration-courts-could-lose-a-third-of-their-interpreters#.sopPZ5w26) in Spanish (http://www.eldiariony.com/2015/10/07/disputa-laboral-de-interpretes-amenaza-con-agravar-demoras-en-tribunales-de-inmigracion/) and discussed it on the radio (http://www.scpr.org/programs/take-two/2015/10/09/44770/backlog-at-immigration-courts-could-grow-with-a-pa/)

The contractor, probably frustrated by this “unexpected occurrence”, apparently decided to get help from local language services agencies all over the country to see if, by buffering this link between them and the professional immigration court interpreter, some colleagues would agree to sign the individual contracts, and, unless there is some legal figure no interpreter is aware of, as a result of their signature, they would become contractors of a sub-contractor (the local agency), putting them one more step away from the entity that won the contract: SOSi. In fact, I have heard from several interpreters in different cities who have contacted me with their concerns about the contents of this contract that has been offered to them.

Although the following is in no way legal advice, nor is intended in the slightest to be such a thing, I have decided to give my opinion about some of the portions of the contract as they were presented to me by my colleagues. Remember, this is just my opinion, based on my many years of professional experience as a professional interpreter, and my years in law school.  Your opinion may be different and I will not dispute such a thing.  Let’s see:

The most common concern about our colleagues can be summarized by this colleague’s observations: In general, I have my doubts that my previously negotiated  half/day and  full/day rates would really be respected, in light of SOSi’s option to pay these “…unless EOIR determines that using a different CLIN would result in less cost to the government.”  What does this mean in plain English?

There is a legal principle in civil law (and contracts are civil law) called the parol evidence rule. This principle states that all negotiations between the parties to a contract that took place before or simultaneously to the signing of a contract, that are not clearly spelled out on the document, are non-existent and therefore, non-binding and unenforceable. This means that all “negotiated rates” that are not in writing are irrelevant. (https://en.wikipedia.org/wiki/Parol_evidence_rule) (http://thelawdictionary.org/parol-evidence-rule/)

A follow up question to the last comment was this one: what is a CLIN?”

Although I do not know for sure, I believe that “CLIN” in this context refers to “Contract Line Item Number” This would mean that if EOIR finds a legal way to pay less than the “previously negotiated rate” or If other interpreters are willing to work for less, the pay could be impacted.

Some interpreters are concerned about the travel expenses when they are asked to go out of town to interpret a hearing.  Apparently, the section of this contract that addresses this issue does not mention the English<>Spanish interpreters.  As far as travel expenses, keeping in mind that English<>Spanish interpreters cover the immense majority of the immigration cases, my feeling is that they could be leaving the English<>Spanish interpreters out of the equation because they feel they can meet these needs with Video Remote Interpreting (VRI) and with local folks if needed.

It is also worrisome that said contract seems to emphasize “telephonic interpreting”, indicating that this service will be paid at an hourly fee. As we all know, like all professional services providers, interpreters sell their time.  Getting paid for the time interpreted based on an hourly pay would result in a detrimental situation for the interpreter, because nobody is paying for the time it takes to this professional services provider to get ready to do the rendition (travel to the courthouse or detention center, setting aside big chunks of time to do the assignment, etc.)

According to some colleagues, SOSi appears very firm on its insistence that interpreters compete for offered work assignments on a generally accessible “available assignments” website.  In other words, interpreters would no longer be contacted individually, as with Lionbridge, to accept or reject offered assignments.  Apparently, SOSi’s recruiters have explained the validity of this policy as a way to avoid having to hire assignment coordinators.

In my opinion, Immigration court interpreters must keep in mind that SOSi’s contractor history and system is based on bidding subcontractors. That is how most Department of Defense contracts work (and remember, they are primarily a defense contractor) so I don’t see them changing strategy. All interpreters could be considered subcontractors bidding for a job every time there is a need for an interpreter.

This is the most critical hour for our immigration court colleagues because this is when experienced agencies and contractors put in practice their well-rehearsed tactics.  Some interpreters may decide to sign a contract even though the “promised, negotiated fee” is different from what the contract states, or it is hidden in an appendix or table. Immigration court interpreters will only achieve the dignified treatment they deserve, and has been denied for so many years, if they continue to speak with one voice, and it will get more difficult unless those with more experience and formal academic education step in and help their colleagues.  We must remember that fear can derail any project, and the immigration court interpreters are not a homogeneous group. Unlike conference interpreters, many of them interpret at a questionable quality level, others may think, deeply inside, that the ridiculous fees offered by the contractor are not so bad, some may live from paycheck to paycheck, and may decide to sign the draconian contract; and some of them may not really be freelancers, but employees with no steady job.

The truth is, that to get to a professional fee, the interpreters have to be willing to stay away from the immigration courts for as long as it takes, and during that time, if they are truly freelance interpreters, they will find their income doing so many other interpreting assignments. If they are really independent professionals, they will have to come to terms with the realization that well-paid immigration court interpreting will not be an everyday thing; it will be one of many other interpreting assignments that the true freelancer will have to cover. EOIR is a client. It is not an employer.

The contractor, SOSi, LionBridge, or any other has a responsibility to their shareholders, and that is fine. The federal government has budgetary limitations, and that is fine.  It is because of these undisputed facts that the independent immigration court interpreter needs to understand that to get the financial resources to cover his professional fee, the service will have to be more efficient. Less hours of work at the EOIR, but better pay.  That is how the freelancing world works, and all interpreters will need to understand it; otherwise, the lesson learned will not be the one this entry begins with, but instead, the lesson will be that once again, because of the interpreters’ lack of determination and unity, things will stay the same.  I ask my dear friends and colleagues not to waste this unique opportunity in their careers.

Although these lines merely contain my personal opinion, and in no way this pretends to be any legal advice for anybody, if I were facing the situation these immigration court interpreters in the United States have in front of them, I would hold on to signing anything until it is clear who stays and who does not. If SOSi stays, to become attractive to the interpreter community, they will probably make some changes to their contractual policy towards the interpreters. If there is a new different language services agency, I would wait to see what they have to say first. Also, for my peace of mind and for the safety of my professional future, I would never sign a contract after talking to the HR people. I would ask for the legal department because I would need to understand, and know, the contractual terms, and the likelihood that they will be honored by the language service provider. I now invite you to share your opinion with the rest of us, and for the benefit of as many interpreters as possible.

Attention interpreters: Butcher or Surgeon?

October 5, 2015 § 2 Comments

Dear Colleagues:

For many years I have devoted a considerable part of my time and efforts to promote, develop, and defend the professionalization of our interpreting services. There have been many times when I have been left with no other choice but to fight against the usual forces that tend to diminish, manipulate, and erode our profession:  Greedy agencies who want to hire anybody, regardless of skill, knowledge or qualification, if this move will translate into a greater profit; Ignorant clients who cannot see the difference between speaking a foreign language, and actually interpreting to and from it; Self-serving bureaucrats who care about nothing other than their petty jobs and the opinion of their superiors within their sad organization; and mediocre “wanna-be” interpreters who constantly try to lower standards and expectations in order to fit in the ocean of cynicism and falsehood where they swim portraying themselves as professional and apt individuals, disregarding the nefarious consequences that their devastating services will undoubtedly cause those for whom they “interpret”.

Interpreting is the oldest bilingual profession on earth, but its modern version is relatively new all over the world. Because of historical and empirical reasons, some fields of interpretation have developed faster than others, and for the same reasons they are better regulated, known, and respected by both individuals in the field of communication, and the population at large.  In some parts of the world interpreting services have been part of the legal process for centuries, and due to current tendencies, globalization and commercial relations among all nations, their services are among the better-known and more strictly regulated interpreting services.

In the United States, Europe, and many Latin American countries, oral adversarial legal proceedings and intense trade have produced the certified, licensed, qualified interpreter who has passed through some knowledge and skill assessment process, and complied with legal, ethical, and professional requirements. Many of them have the benefit of a formal professional education as interpreters, attorneys, or other law-related fields which allow them to learn and understand highly sophisticated concepts and the complexity of the legal process.  Because of the subject matter they have to work with, the magnitude of the consequences of those acts and proceedings they participate in as interpreters, and the legally established and sanctioned certification process to be able to work, these individuals are considered by the legislation not only professional service providers, but professionals of a specialized discipline: These interpreters practice legal interpreting.

It is important to keep in mind that not all legislation and systems are at the same developmental level, and even the most evolved ones are far from satisfactory; they do not cover all scenarios or proceedings yet, but they constitute a series of steps in the right direction, and reflect the efforts of hundreds of interpreters, legal experts, administrators, activists, and others who have fought very hard to get to the place where we find ourselves now.

In the United States, interpreting services in a legal proceeding are constitutionally required in all criminal cases, and thanks to the Civil Rights Act, they are mandated in all other proceedings where the federal government is financially involved. There are currently several states that have also incorporated this essential service into their own legislation.

The nature of the services rendered by the interpreter in a legal context are professional as they are linked to the practice of the law by attorneys, judges and other officers of the court. Attorneys cannot practice law without a license, patent, or certification that allows them to present themselves as lawyers, and provide legal services such as advice and representation to their clients.  Judges have to meet many requirements to be able to do their jobs as well.  There is no doubt that it is for this reason that legal interpreters are required to be certified. Just as the attorneys, in the United States an interpreter can be certified at the state or at the federal level.

Attorneys, judges, and their interpreters deal with matters that can impact the life, freedom, pocket, or reputation of an individual. This makes them a very special group: They are subject to rules and canons no other professionals have to observe. It is so important, that nobody can practice law without first been admitted to the bar, (http://www.americanbar.org/content/dam/aba/migrated/cpr/model-def/model_def_statutes.authcheckdam.pdf) and those who violate the law are subject to penalties that can go from a fine to the loss of freedom. It is a crime to practice law without a license (http://apps.americanbar.org/publicserv/immigration/notario/california.pdf). In the United States, with some exceptions that we are working to eliminate, court interpreters must have a certification or license to be able to provide their services in court when interpreting to or from a language that is part of that state’s certification program. Dear colleagues, this is extremely important, because it is an essential step in our road to full professionalization and recognition of the profession.

Court interpreter certification programs and legislation have a long, long way to go, but so far we have been moving in the right direction.

As an attorney, when I used to practice law, there were few things that bothered me more than to find out that a non-lawyer was practicing without a license and hurting people.  These individuals exist. They are out there, preying on the most vulnerable communities, among them, those who cannot speak the language of the country where they live. There have been many cases of “notarios” busted for practicing immigration law without a law license.  I applaud the efforts of the attorney bars and government agencies who are constantly looking for these predators.

I have not practiced law for a long time, and during all these years I have felt the same way every time I see someone who is not certified to interpret in a legal setting. Unfortunately, the response from professional associations and government authorities has not always been the same as in the case of “wanna-be attorneys”, but there has been progress.

That is why it really bothers me that some are trying to undermine this quest towards professionalization by diminishing the importance of the practice of legal interpreting and by proposing solutions that do not match the legal system philosophy nor satisfy the needs of the parties involved in a legal dispute.   Individuals moved by greed, ambition, or perhaps mere lack of knowledge of the practice of the law have suggested, and are trying to implement, the notion that “not all legal interpreting requires of a certified court interpreter”.  They have erroneously concluded that Article 1 courts do not need of the services of a certified court interpreter, and that many legal acts that involve attorneys and legal advice should be left to community interpreters who will have a different set of skills and a lack of knowledge of substantive and adjective law, including the rules of evidence.  In other words: instead of joining in our struggle to achieve excellency in all fields of legal interpreting by preparing, training, and certifying as many court interpreters as necessary, they have decided to set back our fight for professionalization by arguing that less-prepared interpreters will meet the requirements to practice in legal settings that are outside Article 3 courthouses.  They are playing a very dangerous game. Let me explain:

Currently in the United States only court proceedings before an Article 3 court are required to use the services of a certified court interpreter (if certification into that language is available) Article 3 courts are those that are part of the judicial branch or a government (federal or state). Unfortunately, as of today, Article 1 court proceedings do not require the services of a certified court interpreter (if certification into that language is available) at the federal level and in many states. Article 1 courts are those that are created not by the federal or state constitution, but by congress or a state legislature and are part of the executive branch of government (usually with a degree of independence). They are commonly known as “Administrative Courts”.  Some examples would include, at the federal level, Social Security Hearings and Immigration Courts (EOIR) and at the state level, the most common administrative courts are Worker’s Compensation Courts.  Articles 1 and 3 refer to the articles of the U.S. constitution.

Those in favor of de-professionalization of court interpreting by lowering the requirements needed to work in a legal setting argue that certification only exists for “court interpreting” and not for “legal interpreting” and that administrative courts are less formal than Article 3 courts. For this reason, certified court interpreters should not be necessary.  They also argue that many of the services provided by an attorney are more “community interpreter-related”, making community interpreters better equipped to assist the attorney’s client, as they are more apt to provide feedback to the attorney about cultural nuances than a court interpreter who is very rigid and strict due to the formal court setting training they receive. This is scary and far from the truth.

The first argument that administrative hearings are less formal than a hearing before an Article 3 judge are nonsense. It is true that the proceedings are more relaxed and not as rigorous in an administrative courtroom, but the rules of proceeding and evidence still apply. Attorneys and judges still argue the law, and legal theories are presented with pro and con arguments by the litigants.  Because of the complexity of all of this, and because of the importance of what is being decided, all those lawyers appearing before an administrative judge have to be admitted to practice law in the jurisdiction where they are providing their services.  A law student who does not pass the state bar is as barred from practicing law in an administrative court as he or she is in any court of the judicial branch of the government.  Administrative judges are also attorneys and receive special training to be judges.  Both, attorneys and judges are professionals; we are professionals too. Only certified court interpreters should be allowed to practice in administrative hearings. The complexity and sophistication of the issues before the court require of a professional specifically trained in the legal field to interpret. Nothing less in acceptable. How can somebody interpret something he or she does not understand?

The second most common argument is that current legislation does not require of a certified court interpreter for those legal services that happen outside the courthouse.  It is true that the current law is not clear in this regard, but that does not eliminate the need for a competent specialist who is familiar with the law and procedure.  The law clearly states that all services performed by an attorney that involve legal advice or practice must be provided by an individual authorized to practice law in the given jurisdiction.  Why is the law requiring a licensed attorney to discuss the case with a client, prepare a witness, or conduct a deposition? Because of the highly sophisticated concepts and terminology that will be used during the meeting. Only a certified court interpreter who knows and understands these topics can successfully and safely assist the attorney during these activities. Performing any of the above or similar acts by an individual not admitted to practice law in the jurisdiction is considered unauthorized practice of the law, and that is a crime. For the same reasons, a certified court interpreter should be used at all times.  To the argument that certified court interpreters are not prepared to be cultural brokers or advisors to the attorney in these settings because their training has been too formal and strict, all I can say is that, without putting anybody down, it is very likely that the certified court interpreter will do a better job at bridging this gap between the attorney and his client (not the interpreter’s) because they are usually more experienced and better interpreters than most community interpreters. Moreover, they will also detect cultural hurdles in the legal context that a community interpreter will not be able to notice because of his or her lack of legal knowledge and experience.  To affirm that certified court interpreters will not know how to act and assist the attorney they are working for is plain ignorance. Certified court interpreters know the difference between working as interpreters for the courts where they have to be impartial, and working for an attorney or law office where they are part of the defense, prosecutorial, or plaintiff’s team.  Add to that the fact that they will know the reach and exceptions to the client-attorney privilege in these settings, and the community interpreter will not, or at least will not understand well enough, even if they were just enounced during his training.

There are other paralegal situations and scenarios where a community interpreter can be used without jeopardizing a legal case.  Communications about logistics, social worker appointments, payment plans with the law office, and many others. The golden rule is that when the attorney’s professional service involves a court appearance (any court) an act with potential evidentiary effects (such as a police interview, a law office interview or preparation of a witness) or any occasion where the attorney will provide legal advice or practice law (such as a legal opinion in person or over the phone, or filling up a legal form) the attorney should always be assisted by a certified court interpreter (qualified or licensed depending on applicable legislation) The potential consequences and legal liability of ignoring this rule are enormous as they could impact the life, freedom, assets, or reputation of an individual or a company. When people retain an attorney they expect to see an attorney, they also expect to find a certified court interpreter by his or her side. When you are going to have an operation you want to see a surgeon, not a butcher.

Finally, the argument that the certification is only for “court” interpreting and not for “legal” interpreting, very popular among those who want to de-professionalize court interpreting, can easily be dealt with by remembering that our profession is a work in progress. There is much that we have accomplished in the legal interpreting arena, but there is more to be achieved, among other things, the expansion of certification programs to include testing of civil and administrative procedure. But even without these changes, certified court interpreters are constantly learning and training in all these fields through the continuing education requirements that are in place at the state level, and because of the professional market needs.  Attorneys do not graduate from law school knowing all fields of practice, they graduate knowing where to find what they need so they can learn and understand it applying the legal thinking process they learned in school. It is the same thing with certified court interpreters. As far as the words “court” and “legal” it is probably a better choice to refer to these professionals as certified legal interpreters, but that is just semantics.

Dear friends and colleagues, there is a long way to go, but much has been accomplished in the legal interpreting field. Our efforts should focus on elevating the quality of the profession, not diminishing it. There will always be those who oppose our professionalization, but let them be from outside the profession, not from within. We have to work together to increase the number of interpreters with academic background until it becomes the rule and not the exception; we should continue to encourage other professionals like lawyers, physicians, scientists, and others to join our profession when apt and qualified; we need to strengthen the quality of the certification programs, ideally taking them away from the government just like the attorneys’ bars; and we must demand more and better continuing education programs.

This is the only way to professionalization, full recognition and respect that will ultimately translate into a higher quality service for those in the justice system, and will produce a better income for our colleagues. I ask you to oppose the lowering of the standards and the de-professionalization of court interpreting by sharing this information with your colleagues, attorneys, attorney bars, judges, community activists, and anyone else who may help us defend our profession. I also think that professional associations such as the National Association of Judiciary Interpreters and Translators (NAJIT) in the United States should prepare a position paper in this very important issue. Professional associations are there to protect their members and the profession. I now ask you to share your comments and opinions regarding this crucial issue that threatens our profession at this time.

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