Are we protecting our profession? Part 2.

April 5, 2016 § 12 Comments

Dear Colleagues:

On the first part of this entry we discussed the role that professional associations should play on the face of antitrust legislation and its adverse effect on our profession.  Today we will explore another crucial aspect of the profession that has been under siege for several years; and if some external forces have their way, it could set the profession back to the Stone Age.  I am referring to the very popular tendency to minimize the importance of interpreter and translator professional licenses, certifications or patents and the acceptance, and in some cases even blessing, of lesser quality paraprofessionals as the preferred providers of services by many government entities and multinational interpreting and translation corporations who make the decision to hire these individuals, who are unfit to practice the profession, based to the extremely low fee that they command.

It took interpreters and translators many decades of constant struggle to get to the point that their accreditations became widely known and accepted as the standard of quality among those providing the service.  Finally, holding an American Translators Association certification, or proof of many years of experience,  gave the real professional translator the needed tool to argue that she should get the job over the individual whose only credentials were the translation of his parents’ birth certificates and a couple of elementary school reports.  The days when a real professional interpreter would lose an assignment to a person whose only linguistic experience was that he had lived in two different countries during his life, became less common when true professionals started to demand top assignments with their interpreter degrees, or their court, or healthcare certifications in hand.  There was a lot to be done, but interpreters and translators were on their way to educate more prospective clients and government officials every day.  People began to notice the difference on the quality of the service rendered by a real certified interpreter or translator.

But, since nothing can come to the interpreting and translation world without drama and tragedy, technological developments such as CAT tools and telephone/VR interpreting came to be. This should have been a welcome development that benefited interpreters and translators; however, this new technology, combined with a global economy where big corporations seek profit by bastardizing a real profession and turning it into an assembly line, and changing its name from profession to “industry”, injected a new player to our eternal drama:  the opportunist, also known as the “new talent scout” whose sole function was to undermine established professions, like ours, and replace quality professionals with cheap novice paraprofessionals who see this individuals as their ticket out of the flipping burgers world.

Compounding the problem in the United States, there was a new administration in the White House, whose attorney general was determined to compel the state-level agencies who were recipients of federal funds, to provide access to their services for everybody, regardless of the language they spoke. This in itself sounds very good and fair, and in fact it was not just the right thing to do by the administration, it was long due as this mandate had been part of the law since the mid-sixties when Title VI of the Civil Rights Act was enacted.  In fact, to an interpreter or translator who did not know the reality of the American system this would look like a pot of gold. All of a sudden millions of people who needed interpreting and translation services were going to get them! Unfortunately, reality and a short-sighted government opted for the easy way out, a path that was doomed from the beginning. Let me explain: This instantaneous demand for many more interpreters and translators exceeded by far the supply of professionals in the United States, and to meet the mandate, the states decided to enable just about any almost-bilingual individual, to provide translation and interpreting services, instead of promoting more college programs and encouraging American citizens and permanent residents to prepare themselves, and become true professional interpreter and translators, who would have access to professionally remunerated work due to the implementation of this legislation.

When the opportunists, also known as the “new talent scouts” realized what was going on, they immediately saw the possibility for huge profits by providing the required services with tons of these paraprofessionals, who they immediately hired at rock bottom fees.  Moreover, they saw the possibility of making their margins even bigger by using machine translation and retaining humans as proofreaders, and by providing interpreting services by telephone, and lately by video remote interpreting or VRI in some cases, while hiring these new “type” of “interpreters” by the minute (or if they are lucky by the hour).

Government officials liked the solution, but they still had one more obstacle that was keeping them from going all the way with these multinational corporations operated by the opportunists, also known as the “new talent scouts”, who by now were active in social media, writing their own blogs, and organizing their own conferences to build themselves up like interpreting and translation “self-proclaimed gurus”. That obstacle was the certification.

The certification, that extremely difficult and elusive project that took real interpreters and translators several generations to create, and then make known and widely respected, was by now a requirement in the law.  It was obvious that the new paraprofessionals would never pass a certification exam, so the government officials and their “associates” had to think fast, and cheap.

The solution they came up with was the creation of a “second class” tier of people who they call “language facilitators”, “justice-system interpreters”, and many other labels, avoiding this way the uncomfortable, and perhaps illegal alternative of referring to them as translators or interpreters, who, in lieu of a real certification, would be “accredited”, “registered” and many similar names.  Now they argue that these individuals can provide the professional service as long as the content is not too difficult or the event is not very important!

Finally, to end the vicious circle, some of our opportunistic “friends”, also known as the “new talent scouts”, realized that with government officials willing to do whatever possible to go around the true mandate of Title VI, which would require them to use certified, experienced, professionally trained interpreters and translators, they could get another piece of the pie by pulling a rabbit out of a hat, and creating a mutant creature they would call: “community interpreter certification”.

The principle is very simple: What do you do when you have a group of people who cannot pass the interpreter certification exam? You develop another program with an exam easy enough for anybody to pass, and you propose it to the authorities as a legitimate certification for court cases before administrative judges, for client-attorney interviews, and for simple medical events. Do you see the pattern? Once again we have the not-so serious event and the not-so difficult content rationale to justify the use of mediocre individuals, who have only one advantage over the real professional, experienced, certified interpreters and translators: They will work for peanuts; because whatever they get paid will be better than the money they were making before they got “discovered” by the talent agent.  Never mind the fact that administrative law hearings are as complex as Article Three court hearings as I have indicated on a previous entry to this blog a few months ago.

The situation turned for the worse when the implementation of Title VI at the state-level civil courts in the United States was narrowly interpreted by many of their administrative offices, as meaning that only interpreters supplied through the judiciary could provide services in civil matters. This actually killed the main source of income to many entrepreneurial interpreters who had opted out of the bureaucratic, low-paying criminal court assignments, and had developed their own client-base, charging for their services according to supply and demand. Oftentimes, because of the complexity of civil litigation, and because of their type of clients, these interpreters fared much better than their counterparts who stayed on the criminal court bandwagon.  Title VI guarantees equal access to all government funded services, including the administration of justice, but it does not make it illegal for litigants who want to, and can afford it, to hire private interpreters.  In my opinion, this is a classic example of a situation where professional associations needed to protect their individual members, and the profession, by advocating for the availability of private interpreters to be retained for civil litigation.  Unfortunately, instead of taking action, our biggest professional association in the United States not just sat on the sidelines, but welcomed the new “civil court-provided interpreter system”, and remained silent when some states decided to meet the requirements of Title VI by hiring big “interpreting services” agencies (who view our profession as an industry) to program the interpreters for civil cases.

To summarize the situation, we now have an environment fostered by the government authorities, and exploited by the multinational interpreting and translation corporations, plus some small “local talent” that was able to learn fast how to do this thing, where certifications and education do not matter anymore, where assignments are going to questionable paraprofessionals, many of whom have never been able to pass a certification exam, who are working under terrible conditions, in exchange for a miserable fee.  The first logical reaction of any interpreter or translator should be one of outrage, disgust, frustration. The second reaction should be to talk to its professional association and ask it to represent its members and protect them from these nefarious tendencies, thus saving the integrity of the profession.

Attorney and medical associations are vigilant and protective of their members and profession. They do not allow, under any circumstance that paraprofessionals practice law or medicine. In fact, attorney associations set the standards of practice in their profession. No agency or its equivalent is allowed to set the tone.  They have lobbied for, and achieved legal protection: In the United States it is a crime to practice law without a license, and this applies to all court proceedings, including administrative courts.

Unfortunately, this is not the case with some of the bigger translator and interpreter associations.  They keep silent when the government creates these groups of paraprofessionals to “meet” the requirements of Title VI. They invite those who are turning translators into proof readers to their conferences to recruit more of the young talent before they learn to separate good from evil; Instead of protesting, criticizing and denouncing the birth of that Frankenstein’s monster called “community interpreting certification”, they celebrate the lowering of the bar and open wide their organizations’ doors for these paraprofessionals.

Moreover, they welcome as their members many of these multinational corporations, “self-proclaimed” gurus, and opportunists, also known as the “new talent scouts”. Maybe they do so because they do not know of all these terrible things that are happening to the profession. Maybe they let them in because they share their view of interpreting and translation not as the professions they always were, but as industries where the proofreader (formerly known as translator) and the part-time telephone operator (formerly known as interpreter) will happily hold hands at the assembly line and praise the virtues of the big “language” corporations. The question is, what are professional associations for? I now invite you to share your comments about this reality we are living pretty much around the world, and to offer your solutions to the role that a professional association should play in the world of interpreting and translating.

An interpreter exam for a certification… or for a job.

February 29, 2016 § 4 Comments

Dear Colleagues:

A controversial issue that has been around for years has become quite popular in the past few months.  The controversy surrounding the United States federal government’s contract award to Department of Defense’s contractor SOSi has put this corporation under the microscope of many individual interpreters and interpreter associations. This scrutiny has touched on the training and “blessing” (call it certification, accreditation or anything you want) provided to the individual interpreters contracted by SOSi to work in the immigration court system for the first time.  After reading some of the posts in social media and the numerous letters, emails, and phone calls that I received from many friends and colleagues on this particular issue, I thought about it, and arrived to some personal conclusions that I think put in perspective what is happening in the American immigration court system and what many friends and colleagues would like to see implemented.

The first thing we need to do is define what an interpreter certification program and examination really are.  A process that ends in a generally accepted and scientifically proven method of testing designs, after exhaustive detailed research and practice testing, a comprehensive exam that tests individual performance in all basic properties of the activity, in this case profession, that the applicant aspires to practice in exchange for a professional fee in the real world.  Those passing this examination have demonstrated that they meet the minimum requirements acceptable to be a part of a profession subject to professional and ethical rules, legal statutes, and subject to liability in the event of malpractice.

This exam has to be designed in a way that it is objective, measures all candidates the same way, includes all elements relevant to the rating of a person’s performance, and for security and equity reasons has multiple versions in case somebody tries to circumvent the certification process, or fails to pass on the first, and often limited subsequent, attempts.  For all of these reasons the exam has to be developed by a combination of peer professionals, in this case interpreters and interpreter educators, in addition to scientists that will apply a scientific method, including the application of a grading curve, to be able to offer a comprehensive and fair assessment tool which plays a key role in the issuance of a certification.  This process takes a long time and is very, very expensive.  Moreover, the administration of the examination to the candidates also requires a big financial investment for both, the actual testing and the rating of the completed exam.   This is the main reason why there are so few real certification programs that can deliver unquestioned professionals.  Law school graduates in the United States take the bar exam to be able to practice as attorneys, and despite the fact that each state has its own version of a portion of the exam, they all share a common universal test that is part of the final assessment of that student: the MBE or Multistate Bar Examination that has been developed by the National Conference of Bar Examiners to be universally applied in all fifty states and territories (with the exception of Puerto Rico). The purpose of the test is to assess the extent to which an examinee can apply fundamental legal principles and reasoning to analyze given fact patterns.  The individual states decided to go to the NCBE to develop the test because it was extremely costly for any single state to come up with its own examination.

The same scenario applies in the court interpreting arena where the states looked for a similar solution when they went to the National Center for State Courts (NCSC).  The result was the same as in the lawyers’ case. Each state can add any requirements to the certification process if considered necessary in that jurisdiction (written tests, ethics exams, background checks, good moral character, etc.) but they all administer the same examination in Spanish and other languages where a test is available.  There are many languages without any certification exam due to the huge expense this represents and the lack of volume that could justify such an investment (not enough speakers of a given foreign language).  Only the United States government has a different examination and process because it has the deep pockets to do it, but even the Administrative Office of the United States Courts tests candidates through the NCSC. In all scenarios the individual interpreters who rate the candidate’s exams are independent contractors or staff members of the judiciary.  At different levels, all applicants who successfully pass this interpreter certification test, currently being offered only in Spanish, are considered qualified to render their professional services in a court of law within the jurisdiction where they took the exam, or nationwide in the case of the U.S. federal court system.  Clients, agencies, government entities and businesses use this certification as an assurance of a certain minimum level of quality. These new certified interpreters have demonstrated that they can work assignments that may include sight translations, and simultaneous or short consecutive interpretations (when I speak of short consecutive I am referring to the very difficult consecutive interpreting that is used in court which requires short quick renditions, unlike consecutive interpreting in a conference or diplomatic setting where the consecutive rendition could take thirty minutes or longer).  This is the only credential in the United States that tests interpreters in such a scientific way and in all modes.

There are other certifications in the U.S., but they either vanished because of its prohibitive cost and lack of demand, as it happened with the very good testing program offered in the past by the National Association of Judiciary Interpreters and Translators (NAJIT) or their testing method and results are in my opinion questionable as is the case of the “medical” and healthcare certifications offered in the United States, not by a governmental entity but by the private sector. These exams do not test in all modes of interpreting or the content of the exam is of lesser level than the one desired for a widely-recognized credential outside of the scope of a patient-physician interview at a hospital or medical office.  This is not to put these certifications down, but to illustrate the fact that a universal scientific test is a complex and expensive matter. I know how difficult and time consuming this process is because I had the opportunity to participate as one of many individuals involved in the development and field testing of an interpreter test for military and conflict zone interpreters a few years ago.

Because the process is so long, difficult, and costly, most organizations resort to another solution: they develop a program to assess individual interpreters in the field that will be relevant for that organization, and sometimes, if the target applicants require it, the program also includes some training or at least basic orientation.  These quicker and less expensive solutions can assist in determining the level of an interpreter in all modes, and sometimes are way more difficult than a certification program like the ones described above, but for the most part they are confined to the assurance of a certain minimum quality of service in the specific field or area where they operate.

The first example that comes to mind are the exams by the international organizations, or the United States Department of State conference level exam to assess the skill, knowledge and ability of the candidate. These are difficult tests that are rated by top interpreters who guard the quality of the service provided, and for this reason to pass these examinations, even though they do not confer a certification strictly speaking, means to the professional community that the candidate who just passed the assessment has a quality level that clients can rely on.

There are other exams of this type by both, government entities and the private sector that are nowhere as prestigious or difficult as the ones I mention above, but exist for commercial and legal reasons. Commercially because it is the way to get big contracts and important clients; legally because it is a certain protection against civil liability lawsuits that the entity offering the service, and the exam, might face down the road.  Most of the multinational interpreting agencies administer a training, orientation or test (call it evaluation, exam, or anything else) to their prospective interpreters to be able to market themselves as providers of “certified” interpreters and to defend from potential malpractice or negligence lawsuits as discussed above.  This practice is expensive (nowhere near a real certification program of course) but necessary to remain in business, and to a person not familiar with the profession it can create a sense of professionalism that could be the factor needed to get awarded a big contract. Although many of these entities ask their in-house interpreters to put together a quick assessment of those applying for interpreter assignments, some retain reputable institutions or renowned interpreters or educators to develop a training and evaluation program.  Needless to say, the individuals passing this evaluation may be ready for the limited work they will have to do, but they will never be considered or treated as a certified interpreter or an individual who passed an exam with the U.S. Department of State or an international organization.

This brings me back to the communications I have been getting about the immigration court interpreters in the United States and the training that defense contractor turned language service provider SOSi is offering to those new individuals who want to work under this new contract awarded last year by the Executive Office for Immigration Review (EOIR).

The first thing to say is that SOSi has a temporary contract at this time, and even if extended to the maximum agreed to in the original contract, it will be for just a few years.  Moreover, to win the bidding process, SOSi had to bid really low and that ties their hands as far as the size of the financial investment they can justify to their board.  As precedent, you should know that all contractors have opted for the same type of solution in the past. There is no logic in investing the time and money developing a certification program that if they are lucky, might be ready by the time their EOIR contract expires.

I now want to talk about the program they are offering to their new interpreters, and I say new interpreters because I assume that those veteran colleagues who decided to go back despite all the problems with the contract terms and SOSi’s conduct during these months do not need to undergo the training and evaluation.

SOSi contracted out the development of this training and assessment of their candidates to an affiliate of an Interpreter training school. The program is offered on line and it includes 27 hours of on-demand training, 40 hours of on line interpreting practice, live sessions and random monitoring by an instructor, a mentoring service, and two assessments, with the second one being the final exam that according to SOSi and the trainer follows the U.S. Department of Justice and Executive Office for Immigration Review testing requirements. The program is supervised, and I assume developed in a significant part, by the director of the interpreter training school who happens to be a very well-known and recognized instructor. I have personally attended some of his talks when we have coincided at a conference and I must say that his presentations are of a very high quality. Moreover, this institution has been preparing interpreters to take court and healthcare interpreter certification tests for many years and with very good results.  I do not know how the trainer got the contract from SOSi, but whether it was through a bidding process or by negotiation, I see no wrongdoing.  If anything, I would say that the reputation of the interpreter training school is taking a big risk (calculated by their front office, I am sure) by working with such an entity as SOSi.

Some colleagues have also raised the fact that the exams will be rated by the training entity’s instructors as a potential conflict of interest.  I do not see it that way.  The National Center for State Courts also outsources the rating of their certification exams to independent contractor interpreters and court staff.  Most law students who are preparing for the Bar (including myself a long time ago) enroll in the Bar Bri courses to get ready for the exam. Bar Bri is no different from the trainer in this case.  As to the argument that interpreter trainers will “pass” those attending the training to keep SOSi happy, I do not believe that a reputable institution like this one would play that game. In fact, as an interpreter trainer and certification exam rater myself, I have to tell you that it is in your best interest to stop those who are not qualified from entering the professional ring.  Others have raised as a problem the fact that some of the raters may have never worked in immigration court. I do not see any validity to this argument either. Interpreting skills are the same for any court. The terminology and procedure may be different, but that can be learned by the student.  This happens every day with conference interpreters who have to research and study multiple subject matters throughout their career.

In conclusion, I do not believe that it is practical nor feasible that a government contractor such as SOSi invest the time and money required to develop a certification program when all they have been awarded is a temporary (renewable at best) service contract.  I think that, regardless of all the problems faced by the immigration court interpreters and the lack of competency shown by SOSi until now, they did what any contractor, capable or not, would do regarding its interpreters.  I think that the interpreter trainers in this case did what they had to do to get the contract and now that it has been awarded to them, they will act as the professional institution we all know they are.  Therefore, dear friends and colleagues, I do not believe that there are grounds to be concerned for this reason as long as we view this evaluation for what it is: an assessment of limited skills learned for the sole purpose of meeting a client’s needs, in this case SOSi and the EOIR, who apparently set the guidelines as to what needed to be tested.

This does not mean that we should give SOSi a pass. Our colleagues are still waiting for their services to be paid, people are still wasting time trying to get answers from an organization that does not respect its interpreters, and we cannot abandon them, but the “certification exam”, regardless of the skills it may evaluate, is not, in my opinion, something we can criticize.   The only way to change the immigration court interpreter exam is to get the United States Department of Justice and the Executive Office for Immigration Review to follow the same path that their counterparts in the judicial branch of government are following, and implement a real interpreter certification program, or join the federal court interpreter certification program that already exists; but in order to do this, you will have to convince them of three things associated with this change:  (1) That they need to go to Congress and ask for the resources, a tall order in our current political season, (2) That a real certification program will attract interpreters that will be better prepared, who will, after passing the examination, demand a higher pay and more professional conditions than the current interpreters,  and (3) That a real certification program will mean that many of their current interpreters will not pass and they could face a real interpreter shortage never seen before.   I now ask you to share with the rest of us your opinion about this issue.

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.

Historical time for the interpreter voice to be heard.

September 24, 2015 § 2 Comments

Dear Colleagues:

Now for several months, every time I talk to one of you, or I read something about the profession, there seems to be a common trend, a constant presence: Interpreting as a profession is been targeted by many different special interest groups.

There are those who seek a huge profit by applying technology and keeping the economic advantage of doing so without sharing with the interpreter, and in fact, reducing the fee they pay either by lowering the amount, or developing a series of strategies designed to leave the interpreter out in the cold.

Then you have those who want to make a living or “comply” with a legal requirement by lowering the standards of the profession, and setting rock-bottom requirements to work, or even creating a brand new branch of interpreting that they found inside the hat where they keep the rabbit. Stingy and ignorant local government agencies and some unscrupulous language training entities fit this description.

We even have the troubling developments that we are currently witnessing with the United States immigration courts, and the tragedy of a few years ago with the United Kingdom judicial interpreters; both of them leaving many of our colleagues in a horrible financial situation and “inspiring” other governments to emulate their questionable, and frankly despicable way of doing business.

Add to all of the above the ever shrinking fees at the courthouses and hospitals, the ever-deteriorating system of the federal court panel attorney payments for interpreting services in the United States, and the fewer conferences in many cities around the world.

At the time when the world population and media is more aware of the need of the interpreter than ever before, this tragic report could be depressing and discouraging; however, it can also be a unique time in history for the interpreting profession. You see, my friends and colleagues, I see what is happening all around us as a tremendous opportunity, which does not come along very often, to change our careers forever. I believe that the time has come for all of us to stand up and fight for the full professionalization and recognition of the extremely difficult and vital work we perform around the clock and around the world.

I firmly believe, and those of you who follow me on social media have noticed, that this is our time to seize the current situation and turn it into an opportunity to impact the interpreting profession for good. I honestly think that if we unite with our fellow translator friends and colleagues, who are going through a similar situation with lower fees, poor quality machine translations, and knowledge-lacking clients and agencies who want to treat them (and pay them) as proof readers and not as professional translators.  I believe that we have so many common interests and a shared desire to have our two professions respected and recognized once and for all.

These are the reasons why, despite my truly busy schedule and comfortable economic and professional situation, I decided to run for the board of directors of the American Translators Association (ATA)

As a total outsider who has decades of experience as an interpreter that has been successful at creating a name, providing a top quality service , and generating a pretty good income, I am convinced that I can offer you all, a voice within the board of the most important and influential interpreter and translator organization in the world. I will bring a different perspective: that of a true full-time experienced professional who has no strings attached to anyone or anything in the organization because of past dealings or compromises that past leaders sometime have.

I bring to the position my determination to tackle the important issues that put our professionalization at risk, such as deplorable negotiating positions before powerful entities who take advantage of their size and economic power; I want to be on the board to make sure that the certification standards proposed and applied by some entities who care about profit and not the quality of the service, do not continue; and if they do, that ATA will not recognize them as equivalent to a real certification or licensing program with the required professional standards.

I am convinced that if I am part of the board, the interpreter community will have a louder voice that reflects our size within the organization, not to argue or create roadblocks, but to enrich the debate with our perspective. Because of my constant travels all over the world, I know the problems faced by interpreters and translators at this time, and I also realize that many of them have the same source and therefore need a common solution.  My years of experience have given me the opportunity to meet so many of the ATA members of the board. There are many who I admire and respect. I have no doubt that we will get along and fight together for the organization, the individual interpreters and translators, but more importantly: for the professions.

Being an outsider to the leadership, but being also a member who is closely acquainted with the functions of a professional association, and participates in dozens of conferences and associations’ general meetings throughout the world, I think I can help the membership grow by simply presenting to the board the concerns and complaints I constantly hear everywhere, starting with: Why should I join ATA? What benefits will I get?

Dear friends and colleagues, for years ATA voting privileges were confined to the certified translators and a few interpreters. Presently, as a result of the associations’ recognition of its interpreter membership, you can become a voting member by a very quick and easy process that will take you less than five minutes. All you need to do is visit:  http://www.atanet.org/membership/memb_review_online.php

Please do it now as the eligibility to vote on this coming election will only include those who completed the process before the end of the month.

Once you are eligible to vote you have to choices: vote live during the ATA annual conference in Miami, or vote ahead of time. I suggest that you vote ahead of time regardless of your plans to attend the conference. This is too important to leave it to your good fortune and you never know what can happen.

Finally, I believe that we can accomplish many things together.  That we can contribute to the advancement of our profession and that of ATA by following these three simple steps: (1) Follow the link above and become eligible to vote. (2) Vote as soon as you can. Do not wait until the conference, and (3) Think carefully about who you are voting for. Thank you very much.

Low-cost interpreter factories.

June 23, 2015 § 15 Comments

Dear Colleagues:

It seems like every time I open my mailbox, see a tweet, or read a professional publication, I see new advertisement for all these interpreter courses, interpreter certifications, interpreter great opportunities, and so on.  There are many government entities, multinational agencies, professional associations, and “professional trainers” who have discovered a new business: create interpreters from nothing!

Let’s see: Just a few years ago Spanish language court interpreters in the United States could only be certified by the United States Administrative Office of the Courts (federal) or by the Administrative Office of the Courts of a state member of what was called the consortium. These credentials were widely known and recognized. Everybody knew what was behind them: a federal certification was more than a state-level certification, and then… there were the non-certified individuals who were precluded from working in the court system, and in those cases when they were used by the government, they were ushered in through the back door because they all knew that they were doing something that should be kept “confidential”.

Well, the enforcement of Title VI of the Civil Rights Act became a reality for all state courts so the Consortium was no more, it has now been replaced by the Council of Language Access Coordinators (CLAC) and now, in order to keep those federal funds coming, the states have devised a clever plan to circumvent the court certification requirement which would be the thing to do according to law, but very expensive, so they have created this new “category” of people who  cannot pass the certification test, but are allowed to work in court, entering through the front door,  called “qualified”, “conditionally qualified” and other versions of the same thing: an unqualified individual doing a job that is federally mandated and requires of certification.  Yes, it is easier, and cheaper, to mass produce these individuals who, in my opinion, are trained to do a job that does not exist, and pays lower than a professional certified interpreter would work for.  These individuals are now produced in “programs” developed by some states with the help of opportunist community colleges and “professional trainers” who see fit to create a program and go through the motions in order to deliver these paraprofessionals.

But this was not enough. The developments above showed the way to another lucrative business: the development of another category of interpreter who would be called “community interpreter” but would provide services in legal arenas where the court proceedings are of Article One of the U.S. Constitution: Administrative Courts. The reason for this new category, according to those who are now benefiting from its implementation: To fill in the gap in the legal system that was not been serviced by certified court interpreters.  The real motivation: That these courts and their proceedings are not covered by the court interpreter legislation, so there was a great opportunity for agencies to jump in, “certify” their people, and cover the hearings while paying these para-interpreters very little money.  Again, the “certification” programs (sometimes called “diploma” programs) have been developed by individuals who saw the opportunity to make money. There is no official oversight nor legal authority for the existence of these “community interpreters”. The only thing that is clear is that court proceedings in administrative courts are as important and complex as the ones heard in Article 3 courts. This is why, to be able to appear before administrative law judges, attorneys have to pass the same bar exam and be members in good standing of their state bar. No lesser requirements for attorneys, but non-existent requirements for interpreters. Obviously, there is a lot of money to be made in a service where the interpreter pay is so bad that no real self-respecting interpreter would get involved.

Then we have the professional associations and multinational agencies that offer their own “certifications” “qualifications” or whatever they chose to call them, to those left-overs who cannot work anywhere else and have to settle for a quick course online, a 15-minute exam online, and a dismal pay in exchange for telephonic or live interpreting at medical offices, school classrooms, community meetings, and the likes.  I do not blame those who are providing what in my opinion are questionable services, they are taking advantage of a void in the legal system and a weak group of interpreters who do not fight for their profession, reputation, betterment, and income. The blame is on the authorities who chose not to fix the situation and foster the spread of these “interpreter factories” all over; on the ignorant clients who buy the Brooklyn Bridge every time the agency sells it to them, and on the self-respect and ambition lacking so-called interpreters who enable the system to continue, instead of studying to better themselves as real conference, court, healthcare, or community interpreters.

We as professional interpreters need to protect our profession, we need to watch over our future, and we need to stop this do-nothing attitude and stand up, educate our clients, better ourselves, join real professional associations that work for the interpreters and not against them, and embracing the new technology, explain to the client that, compared to those I mentioned above, we represent quality, and many times savings, as we work without the middle man, the only actor who is not necessary in this play.   There are some good agencies, trainers, and professional associations out there, unfortunately, most of them become known to the interpreters once they reach certain level within the profession. It is our job, and responsibility, to point the new colleagues in the right direction.  Please feel free to share your comments with the rest of us, but please abstain from coming here to defend the entities I wrote about. They have plenty of forums where to make their case.

Is it medical interpreter, or healthcare interpreter?

June 26, 2014 § 5 Comments

Dear colleagues:

I have struggled with the issue of how to refer to a growing number of our colleagues whose work mainly takes place in hospitals, clinics, or medical and dental offices. Their primary function is to enable communication between a person who does not speak the language of the land and a healthcare provider: physician, dentist, nurse, psychologist, paramedic, and other support staff. As you all know, this area of interpretation has been around for some time, but it has just become formally regulated in the recent past. Because of globalization and its migration consequences, now many countries experience the need to have somebody to bridge the gap of communication that has developed between native speakers and immigrant communities. These developments have augmented the need for court interpreters, legal translators, school interpreters and many others; the healthcare field has not been an exception; in fact, this is the area where we can appreciate the most dramatic changes to the old “business as usual” format. Unlike other interpreting specialties, like conference, military and court interpreting, which have been around for a long time, these new service providers just organized a few years ago. Great efforts and devotion on the part of some individuals have produced important results like the creation of professional associations, the adoption of ethical and professional responsibility canons, and the development of certification programs and examinations. This is truly admirable.

There are two organizations in the United States that have emerged as standard-bearers of this profession: The International Medical Interpreters Association (IMIA) which endorses the National Board of Certification for Medical Interpreters exam, and the Certification Commission of Healthcare Interpreters (CCHI).

Keeping in mind the services provided by these professionals (based on the organizations’ websites, several hospitals’ information, and conversations with many of my esteemed colleagues) I reviewed all information I could find on the two certification exams that test English, professional conduct and ethics. To a lesser degree they test some medical-related vocabulary that a true bilingual individual should know, without any medical or pharmacological terminology studies, and they include very short paragraphs, or vignettes as one of the test refers to them, where patient and healthcare provider communicate regarding the symptoms that the non-native speaker is experiencing. The dialogue is an everyday conversation at a moderate to low register. Finally, I also noticed that the main part of the score overwhelmingly goes to the consecutive interpretation, leaving simultaneous and sight translation at about 10 to 15 percent each.

I am convinced that the work these colleagues do is essential to the healthcare industry and well-being of those individuals who otherwise would see their chances of receiving appropriate services diminished by reason of the language they speak. Nobody is disputing this. I also applaud the conditions under which they constantly work in hospitals, emergency rooms, and urgent care facilities where people perform under great stress. The writing of this post was simply motivated by my need to find a term I can feel comfortable with when referring to my colleagues, but before I am ready to form an opinion I should also consider what the rest of the world is doing and saying on this issue.

In Europe the services performed by our medical interpreters are part of what is known as public service interpreting or community interpreting in some countries. This public service interpreting also covers legal interpreting but not court interpreting as I will explain in a moment.

Public service interpreting refers to those services provided by an interpreter to help two individuals who speak different languages so they can communicate regarding everyday affairs, personal issues, including important topics, in cases when individuals who speak the same language would usually speak for themselves, but in this particular situation, because of the language difference, and cultural considerations, an interpreter is needed.

My dear friends and colleagues, conference interpreters provide their services to make it possible for individuals who do not speak the same language to communicate, by interpreting almost exclusively on the simultaneous mode, complex information at a high register. Their audience is usually formally educated. Court interpreters provide their services in cases when one or more individuals do not speak the language employed in court, to make it possible for officers of the court, litigants, jurors, and others, to communicate on the simultaneous, consecutive, whispered, and sight translation modes, everyday information, complex legal concepts and terminology, and expert witness testimony, at a variety of register levels.

Now I ask you to contrast these job descriptions with the job that public service interpreters such as school interpreters, welfare services interpreters, church interpreters, and community organization interpreters do. These professionals (and sometimes paraprofessionals that may include a family member) provide their services so that individuals who do not share the same language can communicate about important everyday matters such as parent-teacher conferences, services provided by religious organizations, and dealings with government agencies at the customer service window or over the phone. This work is almost exclusively performed on the consecutive mode, unlike court interpreting, and there are no formal rules to keep the interpreter from asking questions and give explanations to facilitate the communication. The main objective is to bridge the language gap without any consideration for rules of evidence or procedure. These interpreters can interrupt the parties and ask them to speak slower or in shorter sentences. While conference and court interpreters work with complicated and sometimes rarely used words as part of their everyday job, public service interpreters work with common vocabulary; not simple words, but words that anyone with a certain level of formal education, regardless of any interpreting training, should know.

This explains why we occasionally see conference interpreters in the courtroom and court interpreters in the booth. It also explains why conference interpreters, and not medical interpreters, interpret medical and pharmaceutical conferences; and why court interpreters, not medical interpreters, interpret the expert testimony of a pathologist or other medical professional during a trial.

I mentioned earlier that there was a difference between court and legal interpreters in many countries, and why the latter are considered public sector interpreters: A court interpreter provides her services in a formal court setting and during out of court events that are related to a current or future court or legal proceeding. A legal interpreter assists an individual who needs help with his dealings with the authority, such as getting a driver’s license, applying for government benefits, or requesting government documents. These interpreters are clearly outside the scope of the very strict canons of ethics and professional responsibility that govern the activity of court interpreters. Just as we may encounter a conference interpreter in court or a court interpreter in the booth, we may find a school interpreter or a medical interpreter in a government agency assisting a foreign language speaker with some excruciating government administrative process. I hope the example clarifies the issue, but I also ask you to look at this very carefully, because there are some who would like to assimilate the services provided by a court interpreter outside a courtroom to those of a public service or community interpreter; they would argue that these services are “legal” and not court services. They are wrong.

They are wrong because the terminology of legal versus court interpreter that was valid in the past does not apply to our globalized world. When most countries had a written legal system there was very little work for a court interpreter. In those days legal translators did most of the court work because everything was done in writing. Legal interpreters were then relegated to in-office interviews and customer service windows. If you consider that migration was less popular than it is now, then you would have a very low demand for court or even legal interpreters. Lack of migration did not impact legal translators who had to translate official documents, contracts, deeds, and many other written statements that originated within the other country. At the time the legal interpreter was really a community or public service interpreter. That reality is so different from ours. Presently, an interpreter who works before an administrative law judge, such as an immigration court, workers’ compensation court, or social security court, is subject to the same ethical and professional rules as the court interpreter who appears before a traditional court. The fact that some jurisdictions allow for non-certified or licensed interpreters to provide their services in administrative law courts does not mean that community interpreters should do the job. These courts still abide by rules of evidence and procedure, the interpreter has to act as if working before the traditional judiciary, the job must be done at a higher register, with specialized complex legal terminology, and on a simultaneous interpreting mode that does not allow to stop the procedure so the interpreter can request the litigants to slow down, or a consecutive rendition where the interpreter cannot ask the parties to speak in shorter sentences. The same can be said for civil depositions, jailhouse visits, and the transcription of wiretaps. On the other hand, those individuals who are appearing before the motor vehicle office are better off employing the services of a community interpreter because this professional knows more about handling situations where the interpreter has the freedom to step outside the box to achieve communication between the parties.

After considering all of these concepts and possible scenarios, and after reviewing the materials I have mentioned before, I understand that there are arguments to be made for the term medical interpreter, but I just do not believe that in my book that would be accurate. I think that the appropriate and accurate way to describe this very important segment of our profession is the one adopted by the Certification Commission of Healthcare Interpreters (CCHI). For this reason, I believe that we should call our colleagues Healthcare Interpreters instead of Medical Interpreters. Please let us all know your comments on this issue that to some may seem irrelevant, but is actually very important.

This is a historical moment for the interpreting profession.

June 11, 2014 § 5 Comments

Dear colleagues:

It is not very often that we as humans get an opportunity to witness first-hand a truly historical development. The Mexican interpreter community is presently experiencing just that. For a few years now, the Mexican government has been moving towards an administration of justice that is fair, transparent and accountable. The first step was to amend the Mexican constitution and switch from a written trial system to an oral system like the one followed by the United States, the United Kingdom and many other countries whose legal tradition comes from the Common Law System. Globalization has played an important part on these changes, and Mexico is not the only country moving away from a written system inspired by Roman and Napoleonic Law; countries like Chile and Costa Rica decided to adopt the oral system as well, and others are in the process.

In March 2014 Mexico took another significant step when the new National Code of Criminal Procedure (Código Nacional de Procedimientos Penales) was enacted. The next stage of the process calls for the development of a series of precepts and legislation that will cover in detail the various angles of the judicial process and its participants. One of these participants is the court interpreter.

This is the time for the Mexican interpreter community to provide their experience, knowledge, and wisdom to those in government charged with the task of regulating court interpreting services. It seems that the Mexican interpreters listened and answered the call, because there was a round table discussion at the National Institute of Criminal Sciences (Instituto Nacional de Ciencias Penales or INACIPE) a few weeks ago, and the auditorium was full of interpreters and many other legal professionals, including attorneys, administrators and activists. This was a forum where the interpreters contributed their voice to the task of overcoming the communication and language-related problems that come with an oral system of justice.

Some essential elements of the interpreting services, working conditions, and requirements to become a certified court interpreter (perito intérprete) were established to make sure that all interpreting services throughout Mexico are provided by prepared professional individuals who will have all the needed work conditions to do a first-class job. Team interpreting, booths, interpreter location in the courtroom, advanced materials, and an 8-hour maximum work day, were set as the basic requirements; for the first time ever an agreement by all interpreters to work united was reached. It was decided that foreign language, Indigenous language, and Sign language interpreters will cooperate and pursue the same working conditions. There is much to do in the near future, but the foundation has been established. Some of the next steps will include an outreach to the federal and state-level judicial authorities such as the Mexican Supreme Court (Suprema Corte de Justicia de la Nación) and the State Supreme Courts (Tribunales Superiores de Justicia) an information campaign using different media such as blogs like “The Professional Interpreter,” websites like the Mexican Conference Interpreters College (Colegio Mexicano de Intérpretes de Conferencia) website, TV on the Judiciary Channel (Canal Judicial) direct e-mailings, videos on YouTube, and more public forums like the one at INACIPE. Some of the main issues to be discussed in the near future include the qualifications to become a certified court interpreter (perito intérprete) both: academic and personal; the requirements to work as a certified court interpreter (perito intérprete) such as continuing education and legal authority to work in México.

Some people are working very hard to advance and achieve this goal: From INACIPE Director Rafael Estrada and the coordinator of this project Sofía Cobo Téllez, and from the interpreter side Georganne Weller, Hilda Tejada and Lucila Christen. I have had the privilege to closely work with all of them in this project and I have been inspired by their determination to succeed.

Because the world is changing, and I know that many of my colleagues in countries other than Mexico are facing similar situations at different stages, I decided to include this post with the hope that it may motivate, inspire, or encourage somebody else in our interpreting community to step up and do something to improve the quality of the interpreting services in his or her country. I now invite you all to share some of your stories about the changes and professional accomplishments that you have experienced in your country.

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.

An interpreter ethics class that is useful and fun?

October 23, 2012 § 3 Comments

 Dear colleagues:

This Friday I will be presenting during the ATA Annual Conference in San Diego. This is nothing new of course. Many of you have attended my presentations in the past; however, this time I will be covering ethics for interpreters.

That’s right, I will be delivering a presentation on that arid subject that most of us need in order to (at least) keep our licenses, certifications, or registrations current.  The title of the presentation is: “The Client-Attorney Privilege and the Interpreter’s Duty to Maintain Confidentiality.”  As you can see, it is a legal interpretation topic that up until now has been little explored by our colleagues, by the Judiciary and by the Bar.  When I decided to tackle the “ethics presentation” one-ton gorilla in the room, I set some goals: First, the presentation had to be useful. I had to find a topic that interests interpreters, but more importantly, I had to look for something that would help them with their career; something that they could use time and again for the rest of their professional lives. Then, I decided to find a way to do it fun. Of course, we will not have stand-up comedy (Darn. I guess I thought of it too late to incorporate it) but we will have fun by making this session an interactive exchange where we all explore concrete situations that we face in our profession, and try to find a solution that is legal, ethical, and good for our practice (meaning: our business!)  How many of us know when we are legally bound to do or abstain from doing something because of the person we are working for? How do we know when we are covered by the client-attorney privilege and when we are not? How do we stand up to a Judge when we are ordered to do something we are legally barred from doing? These are some of the everyday scenarios legal interpreters face all the time at courthouses, law offices, jails, board meetings, hospitals, and many other settings.  The goal is that by the end of the session we will all understand the client-attorney privilege, when it affects the work of an interpreter, how it influences what we do, and what are the differences between this privilege and our ethical duty to uphold confidentiality.  I believe that the practical cases I have selected will teach us how to correct some behaviors, how to detect a potential problem, and how to look for a solution.   While we do this, I will also try to dissipate some myths about so-called privileges like the medical, religious, and others. My opinion is that this session represents a great way to get those ethics credits that you may still need, and at the same time you will learn something that will benefit your interpretation practice and business.  The session will be presented in English. I invite you to join me this Friday, October 26 in the sapphire H room at 2:00 PM, and then, after the session is over, I invite you to join me and our good friend Freek Lankhof at the InTrans Book Service stand (6 & 7 of the Exhibition Hall) from 3:30-4:00 PM for a book signing of my new court interpreter manual: “The New Professional Court Interpreter.”  I am sure you will like the book.

Please join me for a fun and useful interpreter ethics session in San Diego!

True story: Authorities of a state that does not offer court interpreter certification wanted proof that the interpreter was certified by the state.

August 22, 2012 § 7 Comments

Dear Colleagues,

This is a true story. It just happened to me a few months ago.  One day I was interpreting at the Federal District Courthouse in Chicago when a private attorney approached me and asked me if I would go to the county jail with him to see a client. Although I had never been to Cook County jail, I said yes as this attorney works in Federal Court all the time.  We set a date and time for the visit, he gave me the address to the jail, I googled the directions, and off I went to my assignment.  After this public transportation city interpreter looked for a place to park for quite some time and finally found one, I met the attorney outside the facility. We entered the jail just to find out that our client was housed in another division that was about four city-blocks away. We took advantage of the long walk to catch up on the case, and to get work for the shoe-shine man as our shoes got really dirty from walking on these dirt roads.

We finally arrived at the right building, we were frisked, and then we were told that I could not enter the meeting room because I had not been authorized by the court to be there. The custody officers told the attorney (my client) that unless we had a letter from the judge or from the Department of Corrections Legal Department authorizing my presence in the jail, we could not do the interview. Of course, by now the defendant had been brought downstairs and she was witnessing everything from the other side of the glass, not knowing what the delay was for.  The jail authorities explained to us that only certified interpreters were allowed inside the facility.  The attorney told them that I was certified by the United States Administrative Office of the Courts, but their response was that they needed to see proof that I was certified by the State of Illinois. I explained to them that Illinois is one of the few states that do not have a certification program; I mentioned how the Illinois State Courts work with non-certified interpreters every day, and how I worked within the federal court system where they have a certification policy in place.  I even explained to them that I am certified by two states that are members of the consortium of states that offer court interpreter certification.  It did not matter at all. They needed proof that I was certified by the State of Illinois.

Once we realized that we were in an impossible situation, and after the officers did not allowed us to use the phone to call the jail legal department to explain our case, we turned around and left.  Of course, I still got paid by the attorney. Of course, the attorney billed the client for the time he spent there; but as I was leaving the facility I could not keep myself from laughing. At the end of the day the jail officers were right, at least partially, there should only be certified interpreters working that jail. The problem is that the State does not have a certification program, and nobody has told these officers that to ask for an Illinois Court Interpreter Certification is as useless as to ask for the interpreter’s death certificate before he can enter the jail.  I decided to post this experience in the blog because it seems so unreal.  I would love to read your comments about this very unique experience.

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