May 12, 2014 § 8 Comments
With the new National Code of Criminal Procedure (Código Nacional de Procedimientos Penales) just enacted in Mexico this past March 2014, the country with the largest Spanish speaking population in the world took one of the most dramatic steps on the implementation of their new oral legal proceedings. As many of you know, for the past few years Mexico has been moving towards a new judicial system that resembles the adversarial procedure followed by Common Law countries, and distancing itself from the more formalistic written inquisitorial system that comes from the Roman/French legal tradition. There have been constitutional amendments, training programs for judges and attorneys, and they are currently in the middle of an important legislative overhaul to match all legal precepts to the new process. These changes have brought two significant changes to our profession as court interpreters in both, Mexico and the United States. The first one is the obvious greater need for court interpreters as the new system will require services that the old written procedural rules did not. The second fundamental change, and the one that will impact the profession in the United States more than anything in the past, is the creation of new terminology and vocabulary by the Mexican legislator that will mirror very closely the criminal (and later the civil) procedure followed by the United States. In other words, for the first time ever, we will have a catalog of legal terms in Spanish that will be the law of the land in a country with close to 115 million Spanish speakers. Add to this reality the fact that Mexican society has an intense interaction with American society, and that most of the Spanish speakers in the United States are Mexican, and you get a combination of trade, crime, cultural exchanges, and family matters in Spanish that involve the two largest Spanish speaking countries in the world.
For the Mexican court interpreter, living in Mexico or in the United States, this will translate in a tremendous workload increase on the Mexican side of the border; for the Spanish language court interpreters who work in the United States (with the exception of some areas of the country where non-Mexican Spanish, particularly from Central America and the Caribbean, is broadly spoken) this means the emerging of a new culture where people who recently moved from Mexico to the U.S., Mexican citizens who live in the United States but get their news from the Mexican media, and their relatives who continue to reside in Mexico, will need and demand an accurate interpretation employing the official legal terminology in the Mexican legislation. Many of you work, as I do, with Mexican attorneys, and you know how they are always looking for interpreters and translators who can work with Mexican legal terms instead of “homemade” terminology generated out of necessity when there was no adversarial legal system in any Spanish speaking country. My friends, I suggest that there will be an even greater need for Spanish interpreters as the involvement of Mexican attorneys and Law Firms increase and their lawyers retain the services of court interpreters who know Mexican legal Spanish. By the way, the same comments apply to those court interpreters with knowledge of legal terminology from other Spanish speaking countries where the oral system is being implemented; Chile and Costa Rica are pioneers of this change. I emphasize the Mexican changes because they are the most recent and impact a much larger number of people. At this time the big question on the table for us as interpreters, particularly those who live in the United States, will be: how do we react to this irreversible change? I know I will embrace it, learn the new terminology, and apply it to my work. I hope most of you will do the same.
To those colleagues who might say that there is already a terminology used by many interpreters in the United States, and that it is the Spanish speaker who needs to realize this fact and get used to this current vocabulary, I ask you to consider two factors: (1) the language used by many court interpreters in the United States has been helpful and even useful in its attempt to provide an equivalent term that non-English speakers could understand. It was a great accomplishment in times when there were no official sources in the Spanish-speaking countries; but it is not official and in many instances it uses non-legal or lay terms that are not catalogued in any legislation; and (2) Mexican attorneys want to understand what the interpreter says and at the same time they want to devote their attention and energy to the legal problems of the case, they do not want to spend their energy trying to understand the vocabulary the interpreter is using and they never heard before; in other words: from the interpreter’s perspective adapting to the change is also a business decision.
On May 16 I will take some of the first steps by offering a preconference workshop during the NAJIT Annual Conference in Las Vegas, Nevada. Those who join me will be exposed to the most recent legislative changes by the Mexican government, will hear of the policies that Mexico is adopting to forge ahead with the adversarial system, and will see first-hand how these oral proceedings are conducted over there. I invite you to please share your thoughts on this huge change, and to tell us how you plan to adjust to it; or, if you do not think that you have to change anything you are doing right now, please do not just say that you will continue to do the same, instead, I invite you to explain why you will not adjust to these changes, and how they will not impact the place where you work as a court interpreter.