Quality Interpreting is disappearing, and it is all the hiring entity’s fault.

Dear Colleagues,

Court interpreting in the United States, and probably elsewhere, is facing its biggest crisis since the courts worked with professional, certified and accredited interpreters half a century ago. Ignorance and lack of empathy in the court system has created a group of professional, highly specialized interpreters expected to work for subpar fees in both, State and Federal Courts.

Interpreters have been ignored and disrespected in several State systems where court interpreter pay is close to an unskilled worker’s, and has remained unchanged at such levels for years. Answers such as lack of resources, having to wait several budget cycles for the issue to be considered, have no credibility when wages of other officers of the court such as judges, State attorneys, and court reporters are raised and adjusted to inflation.

Spanish language federal court interpreters, arguably the most qualified group of court interpreters in the United States, have not seen a raise for many years, and have been ignored by the Judiciary when two letters signed by most interpreters were answered by the courts sending new contracts to these independent contractors at the same pay as every year for some time; not a word on a raise, or even an inflation cost of living adjustment. Many interpreters did not return the signed contract, others, changed the fees before signing it, and some signed and sent it back with the idea of not accepting any work as long as the fees issue remains unattended.  We have learned that Washington, D.C., instead of contacting the various States, took the easy way, and it has been contacting several interpreters to discover what States pay for interpretation, instead of researching what the private sector pays.

 This is important because for years, many of the most qualified, sought after, certified court interpreters have been ignoring the call of the courts, choosing instead the more profitable practice of interpreting for private attorneys, arbitrations, and depositions where they can make twice as much as what Federal Court pays. Sometimes even more.

The judiciary expects top-tier interpreters to work under abusive conditions, such as the federal cancelation policy. A few weeks ago, a federal judicial district issued a communication looking for federally certified court interpreters for a trial, the pay would be the same one interpreters are refusing to work for already. The communication stated the following as the court’s cancellation policy: “Because of the nature of the proceedings, in the federal courts, early terminations may occur. An interpreter is not entitled to a cancellation fee or additional compensation if the court gives the interpreter 24-hour notice that a trial will end early…” No compensation if notified 24 hours ahead of time! The court expects interpreters in high demand to set aside one or more weeks for a trial, and then leave them out in the cold if the parties settle, there is a plea agreement, the trial is continued, or the defendant pleads guilty. What individual in their right mind would agree to such terms? Only those who have to take the offer because they can get no work elsewhere. These will be rarely the best interpreters around.

This tendency is growing nationwide, and it is leaving the court system with a limited number of certified interpreters, some who stayed and work for little money because of the service they believe needs to be provided to a vulnerable population nobody in the system seems to care about, and those who cannot get work in the more competitive private sector because of their skill or lack of flexibility to travel or work long hours.

Many hearings, especially the short ones, and other interpreter services usually provided by certified interpreters, will continue to go to untrained, unskilled non-certified interpreters and paraprofessional bilinguals who will put non-English speakers at a disadvantage in their court proceedings. Sometimes, some courts, especially at the State level, may even use interpreters from another State, or those living in a foreign country who provide their services remotely, without a certification, and who gladly accept the low fees because their home country’s economy differs from the United States’.

Some certified court interpreters are even entering the conference interpreting field with no preparation, under the wrong assumption that certified court interpreters can interpret a conference. This complicates the landscape as interpretations in these conferences is deficient, and gives unscrupulous platforms and agencies some resemblance of legitimacy when they advertise the quality of their interpreters.

The constitutional mandate to have court interpreters may be at increasing risk every time judicial authorities remain inactive when interpreters, with justice and equity on their side, demand long overdue work conditions commensurate to the specialized service they provide, including fees that reflect this, and cost of living adjustments every year. Unless something is done to remedy this embarrassing issue, the administration of justice will be unequal, and the victims will all be humans: the litigants and others who appear in court, and the long ignored, and disrespected court interpreters.

U.S. Immigration Court interpreters’ other enemy.

Dear Colleagues:

About two months ago the California immigration court interpreters started a movement to force the hand of SOSi and the EOIR with the goal of achieving better work conditions, a professional pay for the services rendered, and to keep the authorities from hiring new interpreters and interpretation students for a lower fee.  This entry will not deal with the merits or the outcome of such movement. We will talk about the elephant in the room: the big obstacle to the professionalization of the interpreting services in American immigration courts that can be changed by the interpreters themselves.

I know that this blog entry will make some uncomfortable, and I do not like to do that. Unfortunately, my life-long effort to fight for the professionalization of interpreting does not allow me to keep silent. To me, that would be equivalent to betraying my own professional standards. I write this piece with respect and with no desire to offend, knowing that by the time some of you finish reading this article, you will feel offended. I only ask you to reflect on what bothered you, and honestly acknowledge, at least to yourself, that you are not really up to save the profession (as a true profession, not as a laborer’s occupation) in the immigration court arena.

For several years now, there has been a tendency to credentialize interpreters who provide services to the public, who perform a fiduciary function.  Because of the wide variety of languages regularly spoken in the United States, and due to the millions of people who do not speak English at all, or at least good enough to go through a legal or medical process, most efforts have been applied to the certification of Spanish interpreters, by far the most popular foreign language nationwide, and finding other solutions for the other languages.

Court interpreters had an early start and developed the federal Spanish court interpreter certification exam. Many States followed and the States’ Consortium for State Court Interpreter Certification was born, later taking us to the current Language Access Advisory Committee (LAAC) and Council of Language Access Coordinators (CLAC).

Healthcare interpreters followed suit and developed two different interpreter certification programs (the Certification Commission for Healthcare Interpreters: CCHI, and the National Board of Certification for Medical Interpreters’ CMI program) both of them widely spread and recognized throughout the United States. Granted, the term “medical interpreter” to describe the functions of these professionals is less accurate that “healthcare interpreter”, and compared to the court interpreter certification federal and state-level exams, both healthcare certifications are way behind in content and degree of difficulty; but unlike court interpreter certification programs, healthcare interpreters have achieved something extremely valuable that court interpreters can only dream of: an examination administered by an independent entity, just like lawyers and physicians, instead of the uncomfortable government-run court interpreter programs that always raise the issue of the real conflict of interests when the entity certifying interpreters is the same one who hires them.

At any rate, healthcare interpreters in the United States now have a way to prove that they are minimally qualified to do their job, that they adhere to a code of ethics, and that they comply with continuing education requirements that will keep them current in language, interpreting, terminology, and medical issues. In other words, healthcare interpreters sitting at the table with court interpreters can now bring up their credential and feel at the same professional level than their legal colleagues, instead of having to give a speech about how certifications do not mean a thing, that it is working in the trenches that makes you a good interpreter, and that your field is so unique that no existing certification exam could test what is needed to work in that field.

Well, dear friends and colleagues, this takes me straight to a very real, and somewhat uncomfortable problem, faced everyday by immigration court interpreters in the United Stets: They have no certification program requirement to work in court, and for that reason, there is no way to prove a certain minimum level, thus allowing bad interpreters to work in the immigration court system for years.

Court interpreting is a highly skilled occupation that requires of a professional provider. By its nature, it is also a fiduciary function where a judge, attorneys, respondents and witnesses must trust the knowledge and skill of the interpreter who will speak throughout the proceedings while at least half of those present will not understand a word of what was said. It is an awesome responsibility that cannot be left to the paraprofessional or the untested.

Presently, all Article Three courts in the United States, at all levels (federal and state) have a Spanish language court interpreter certification program that includes minimum requirements to take the exam, passing a comprehensive and difficult test (at least at the federal level), observing a code of ethics, and (with the exception of the federal program) complying with continuing education in the legal, interpreting, and language fields to be able to keep the certification. These courts are part of the Judiciary Branch of government.

Immigration Courts are not a part of the Judiciary. They are in the Executive Branch of government and are referred to as Article One courts because of their legal basis in the U.S. Constitution. The thing is, my colleagues, these courts deal with societal, family, and personal values and interests as important as those heard by Article Three judges. They are courts of law that abide by a set of substantive and adjective laws.  For practical reasons, they operate just like any judicial court: there is a judge, there are parties (one of them will be the government just like in criminal law), there are witnesses, and there are attorneys.  Although the controversies are different, immigration proceedings also include a first appearance, motions hearings, a court trial, and a verdict. There is a burden of proof, rules of evidence and procedure, and the possibility of an appeal to a higher court (Board of Immigration Appeals). The fact that the terminology calls these hearings “master calendar”, “bond redetermination”, “credible fear”, or “individual hearing” does not make much difference.   The cases are as different from those interpreted in an Article Three courtroom, as a criminal case differs from a civil or a family law proceeding.

The skills required to interpret are the same as in any other type of court proceeding: There is a need for simultaneous and consecutive interpreting, as well as sight translation. Interpreters use equipment just the same (in fact, in many cases even the same brand), and the expected ethical and professional conduct of the interpreter is the same.

It is a fact that immigration court interpreters are disrespected by their client: the EOIR on a daily basis. There is no denial that they make little money, work long hours, and they do it solo, regardless of the complexity or duration of a hearing. It is also well-known that they are treated in humiliating fashion by being forced to jump through many administrative hoops that no other court interpreter will ever face, in part because they are subcontracted by a multinational agency that tries to keep control over the interpreters without physically being at the courthouse, but also in part because interpreters are not considered professionals, they are not acknowledged as officers of the court.

I firmly believe that the only way to earn the credibility they need so much, Spanish language (for now, and ideally all widely used language combinations later) immigration court interpreters in the United States must demand a court interpreter certification requirement to be able to work.  They need it for their credibility among their peers and with the public opinion.  Once they have a credential, together with a code of ethics and continuing education requirements, they will be in a much better position to negotiate with anybody.

Because immigration court is a federal matter, and the services provided by the interpreter are the same as the ones in all federal courts, I think that the certification they need to have is the already existing FCICE. It would be very simple, all they need to do is convince the EOIR of this need. The exam already exists, all these interpreters would need to do is register and take the test. Then, if both, EOIR and the immigration interpreter community think it is appropriate, there could be a short immigration terminology exam (although I don’t think it necessary just like current certified court interpreters do not need to test every time they interpret a different kind of hearing. Part of an interpreter’s duty is to get ready for an assignment and that professional obligation should be enough).  This would be the best way to demonstrate that their simultaneous, consecutive, and sight skills are at a minimum level to deserve that trust we discussed above. In fact, by getting EOIR to agree, immigration interpreters would have until the Summer of 2018 to take and pass the written portion of the federal exam, and then until the Summer of 2019 to take and pass the oral test. In the meantime, it could be agreed that those currently working would continue to do so until the Summer of 2018.

This solution would immediate put immigration court interpreters at the same negotiating level as their Article Three federal counterparts; In fact, it would benefit everyone: Currently federally certified Spanish court interpreters would consider working in immigration court as the pay would be the same (or almost), and newly federally certified immigration court interpreters would have the opportunity to broaden their professional horizons and work in federal courts.

Of course, this means that two things must happen: First, the certification exam cannot be a “Mickey Mouse test” like the ones offered to immigration court interpreters by multinational agency contractors; they have no scientific value and a very poor reputation. And second, immigration court interpreters need to understand that those who do not pass the exam must go, regardless of the time they have been a fixture at the immigration courthouse. Any other “solution” would defeat the purpose and discredit the credential. This, my friends, is the “other” enemy of the U.S. immigration interpreter: the bad interpreter who has never been able to pass a court certification exam, knows that they never will, and spend all their time and energy trying to convince others that certifications are worthless, exams are rigged, and that the only way to learn the profession in in the courtroom.  These people have to go away. They are like a cancer that is slowing down the progress of the rest of their colleagues.

To argue “unity” to protect and keep these individuals is misleading. Professional unity can only happen among professionals, and the individuals I just described above may be paraprofessionals but they are definitely not professional material. Imagine for one moment going to the hospital for emergency surgery and being told that the person who will operate on you has never taken or passed the Board, but has a lot of experience. Would you let this non-doctor cut you open?

I understand it is very hard to set aside our emotions and empathy for these individuals, but it is time to think of yourselves, your families and your peers. Unless you want to continue to struggle as an immigration court interpreter, you have to get certified. A decision to dodge the certification issue, or to settle for a lower standard of certification, because someone who cannot pass the test convinced you to support other options, will be a vote for the status quo, sacrificing the good ones to protect those who do not deserve to be there.

Attention interpreters: Butcher or Surgeon?

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.

Disrespecting the (immigration) interpreter

Dear Colleagues:

For several weeks I have been contacted by many of our interpreter friends and colleagues. They have talked to me in person, over the phone, by text, by email, and through social media. The message was the same: interpreting services at the immigration courts of the United States are under siege.  They explained how the contractor who will provide interpreting services at all U.S. immigration courthouses had contacted them to offer unprecedented low fees and horrifying working conditions to those who wanted to continue to interpret in these settings. I know that many of you are not in the U.S. and most of you do not work as immigration court interpreters; however, what is happening there impacts us all as a profession, and could have an effect on the way you work in your respective fields or countries.

Basically, the contract to provide interpreting services at all immigration courts in the United States was awarded to a different company than the one that provided these services for the past two decades.  In the United States, these government contracts are awarded pursuant to a public bidding process, and after reviewing all bids, the government selects the bidder that better fits the criteria sought by the particular government agency. Although the required elements may differ here and there, the main factors to decide who wins usually include abatement of costs. In other words, the government looks for an entity that can deliver the required service at the minimum cost.  In this case, interpreting services at the immigration courts are contracted out to the best bidder by the United States Department of Justice (DOJ) Executive Office for Immigration Review (EOIR)

American immigration courts are not part of the judicial branch of the federal government; they do not fall under the jurisdiction and hierarchy of the U.S. Supreme Court and the Administrative Office of the United States Courts (USAOC) (Article 3 of the U.S. constitution) Instead, the immigration courts are administrative courts created by Congress. They are part of the executive branch of the federal government; in other words, they fall under the authority of the president of the United States through the Department of Justice (DOJ) and specifically under the Executive Office for Immigration Review (EOIR) (Article 1 of the U.S. constitution)

For full disclosure purposes, I must say that I do not interpret at the immigration court because I thought that the fees and working conditions offered by LionBridge, the interpreting service provider that will no longer have a contract with DOJ-EOIR in the new fiscal year (October 1) were about the most draconian, one-sided conditions I have ever seen in my professional life.  I have to say that I did interpret for them in the past pursuant to an individually negotiated contract that paid me a fee higher than their average, but because of the fee I had to be paid, that in my opinion was still quite modest, I have not been asked to interpret in immigration court for years.

Going back to the “offer” extended to those colleagues who were working in immigration court under contract with LionBridge and, for what I have learned, to some interpreters whose names were found on certified interpreters’ lists elsewhere, it is clear that SOS International (SOSi) (the new contractor) has offered between $30 and $35 dollars per hour, in some cases with a two hour minimum, or $118.75 for a half-day assignment (must work 4 hours) and $188.91 for a full-day assignment (must work 8 hours) Notice that if you work 8 hours you will be making “more money” because you will be working more hours, but in reality, your hourly fee will drop to $23.61

According to those colleagues I have talked to, these fee structure has been presented to them as non-negotiable (for now).

There are many non-professional jobs that pay way better than these fees that frankly speaking, are offensive for a professional service such as that provided by the immigration court interpreters.

SOSi is currently compiling a list of interpreter names and resumes to be submitted to DOJ-EOIR for security background checks and to show that they have enough interpreters to meet the immigration courts needs. That is why so many of you have been contacted and asked to provide your information.  On July 22, 2015 it was announced that SOSi had been awarded a prime contract by DOJ-EOIR for language interpreter services for a base period and four option periods extending through August 2020, with a maximum amount of $80 million dollars. In exchange, SOSi is to provide all management and supervision, labor, and supplies necessary to perform these services in all 50 states, the District of Columbia, and all territories (including Puerto Rico) in 59 immigration courthouses. (SOSi press release 7/22/15 Reston, VA) In my opinion, before providing our information and resume in a hurry, we should first learn who is SOSi.

SOS Interpreting, LTD is a family owned, New York-based business contractor founded in 1989 that works mainly in the defense and intelligence sectors.  The total obligation amount of Sos International, LTD a 465 employee company incorporated in New York in 1992, from 2000 to the present is $217 million dollars, and its total federal contract contracts from 2000 to the present are 56 (not clear if this total includes the new DOJ-EOIR contract) mainly with the U.S. Department of Defense (DOD) U.S. Department of Homeland Security (DHS) U.S. Department of Justice (DOJ) and the U.S. Department of the Treasury. According to USASpending.gov, just last year, they won 5 contracts worth $9.83 million dollars. (Source: www.InsideGov.com)

An audit of the Drug Enforcement Administration’s (DEA) language services contract with SOS International, LTD (contract number DJDEA-05-C-0020 Dallas Field Division) in February 2012 states that: “…Therefore, we are questioning $934,144 for hours billed for linguists who worked without current language certification…” (https://oig.justice.gov/grants/2012/g6012004.pdf)

On August 2, 2015 The Daily Beast reported in their article entitled: “The Company Getting Rich Off The Isis War” that: “…SOS International, a family-owned business whose corporate headquarters are in New York City, is one of the biggest players on the ground in Iraq, employing the most Americans in the country after the U.S. Embassy. On the company’s board of advisors: former Deputy Defense Secretary Paul Wolfowitz (considered to be one of the architects of the invasion of Iraq) and Paul Butler, a former special assistant to Pentagon Chief Donald Rumsfeld…” It goes on to say that: “…the contracts (SOSi) has been awarded for work in Iraq in 2015 have a total value of more than $400 million (dollars)…”  (http://www,thedailybeast.com/articles/2015/08/02/the-company-getting-rich-off-the-isis-war.html)

My point is, dear friends and colleagues, that even though LionBridge paid miserably low fees and offered demeaning working conditions (such as checking and fighting for the last minute of services, not covering per diem when traveling, and others) many interpreters have provided their services at the immigration courts of the United States in the past.  The interpreting community at large has always considered that for the above-mentioned reasons, working as an immigration interpreter has been a second-tier occupation. It is also known that, with some exceptions all over the country, (because there are some very good interpreters working this assignments) there are many mediocre individuals attempting to provide interpreting services at the immigration courts of the United States because they met one of LionBridge’s fundamental requirements: They were willing to work for very little compensation.

It is sad that, compared to what immigration court interpreters face today, those were the “good old days”. I think that interpreters as professionals should always strive to improve their skills and service. To me, this is a unique opportunity that the market is giving to those who have been, for way too long, imprisoned in the world of complacency that working for the immigration courts has created around them. It is time to reflect and look for another horizons in the interpreting world. I can assure you that, if you provide a top service, you will find clients and assignments that you never dreamed of. You will finally make the kind of income that a professional interpreter should make, and you will never look back to the dark days.

For those who want to stay in the immigration field because of vocational reasons or because a better income is not necessarily a top priority, I would suggest that you unite and focus on the fee and working conditions issue. Do not get sidetracked with other consequences such as protecting the rights of the respondent. That is not your job, duty or battle. Let the immigration attorneys and the American Immigration Lawyers Association (AILA) (www.aila.org) fight that battle. That is their job and duty.

I invite you to communicate with each other and focus on how you are being treated. Concentrate your efforts on developing a common front and sharing what is happening with the attorneys, AILA, and those non-for-profit organizations that constantly fight for the rights of immigrants.  I know that many of you are already meeting at your state or local levels, that many of you are chatting on line and creating forums and discussion groups. I hope you continue and fight with the same spirit of our friends and colleagues in the United Kingdom who walked out of the courthouses after their government awarded the interpreting services contract to an incompetent agency that decided to cut their fees, just like they are trying to do to you. Several years have passed and they have not surrendered, they have not gone back to the courts; instead, they have raised awareness about this issue among all interested parties.

I do not know what the new immigration court contractor would do if they do not have enough names and resumes by October 1, 2015 when they are due to start providing interpreting services all over the United States, but I know that it will give you an option to try to get a decent fee for your services.   At this time there is much said about Donald Trump’s immigration policy and how concerning that is to many in the United States.  It is a very important issue, but we should also pay attention to what the current government is doing; after all it is the Obama administration that awarded the contract to SOSi promoting by its actions this terrible situation that all immigration court interpreters are enduring right now.  As for the rest of us, I believe that we should follow the developments on this issue, and help our friends and colleagues by making public everything that transpires. Do not lose sight of the fact that the contractor is getting a huge amount of money from our government, they are not poor.

Remember, this government contractor seems to be determined to take advantage of the immigration court interpreters, but in the process, they have disrespected all interpreters and our profession.  I now ask you to please share this article everywhere you can, and please tell us what you think about this very serious issue.

Some interpreters in the U.S. may not have an even playing field anymore.

Dear colleagues:

The issues discussed in this post apply to situations lived by many interpreters all over the world. Our profession is growing and fighting for recognition and prestige. For this reason, I think all interpreters should read this story, regardless of the country where they provide their services.

Every interpreter who has worked with the judicial system in the United States knows that court interpreting at the state-level is very different from providing our services at the federal judiciary. We also know that there are sharp differences on how each state procures court interpreters to meet their legal needs. Although most of them pay very little to the certified court interpreter, some pay “better” than others; some treat interpreters better, and some remain ignorant as of the role of the interpreter and its high relevance to the judicial process. This is all widely known; some court systems are infamous for treating the interpreter as an inconvenience rather than a constitutionally-mandated component of the judicial process (in criminal matters). This is not the issue that I want to discuss with you today. I want to talk about something else.

I would like to discuss with you the new scenario that our state-level independent court interpreters in the United States are facing with the enforcement of Title VI of the Civil Rights Act of 1964 (not a moment too soon) and the financial difficulties and budgetary cuts that many states are dealing with at this time. As many of you know, Title VI of the Civil Rights Act is a federal law that requires all government agencies, regardless of their level, to give access to all services to everyone (including those who do not speak English) if they want to continue to receive financial assistance from the federal government of the United States. This includes courthouses. Until a few years ago, only criminal cases had to meet this requirement because, unlike civil law cases, it was a constitutional mandate. This means that now state-level courts in the United States have to provide interpreting services for all civil and family law cases with essentially the same budget they had for criminal cases only. Many states have struggled with this change and most of them are trying to find the correct strategy to meet their legal mandate while at the same time living within their budget. Of course, there are some obvious solutions that state courts have chosen to ignore even though they would greatly relieve their interpreting case load. I have talked about this issue before and, undoubtedly, I will discuss it again in the future.

The facts show that many states are now more cautious as to where and how they will spend their money (or I should say, their constituents’ monies) This has generated a more “creative” approach in many places where the goal seems to be to comply with the federal mandate by simply providing a “warm body” next to the foreign language speaker at the lowest possible cost. As a result, there are now more qualified top-notch court interpreters with less work than ever before, while there is an unprecedented number of underqualified, mediocre interpreters working the states’ systems for a lower pay and more advantageous conditions for the state’s judiciary. There is plenty to talk about, but my motivation to write this post came from something I learned from a colleague who works as an independent court interpreter with the court system of one of the states in the U.S.

Apparently, just before the beginning of the state’s budget cycle, known in the United States as the fiscal year, this state sent out to all court-certified independent interpreters within the state, a professional services contract that had to be executed and returned before the first day of said fiscal year. The contract was a multi-page document that spelled out in great detail the interpreter’s responsibilities to the courts. It also contained a clause on fee payments that indicated the state’s official fee and some other conditions. Among them, there was a minimum fee guaranteed to all interpreters who accepted an assignment with the state courts. The contract showed two different scenarios. Under the first one, and interpreter could be called in to work at the courthouse for two hours, and if the case or cases were resolved before the time was up, the interpreter would be paid for the guaranteed time. The second scenario operated identically, with the exception that it referred to more complex cases and for that reason the minimum guaranteed fee was of four hours. This seemed to be a fair provision that in fact incorporated into this contract a widely accepted practice followed in that state for many years. The problem was on the next sentence of the same paragraph. The contract established that if the cases the interpreter was called for were to end before the minimum guaranteed period was up, the interpreter had to remain at the courthouse in case something else would happen and interpreting services were required. Up to here everything was fine, but immediately after, the contract indicated that said interpreter could be sent to another courthouse in the state to work off the rest of the minimum guaranteed fee. The interpreter had the right to refuse the second assignment, but in that case he would be penalized with a pay cut as he would only be paid for the actual interpreting time, not for the guaranteed time. In other words, the “guaranteed fee” did not guarantee anything, as the interpreter would be at the mercy of the court who would become, for all practical purposes, the employer, because only employers can dispose of their employees time that way. A client cannot control the time of an independent contractor.

I immediately thought of two scary scenarios: Just imagine for a moment that an interpreter with a sick child agrees to work for two hours at her neighborhood courthouse. She needs the income, so she figures out her schedule, gets a babysitter for a little over two hours, and goes to work from 9 to 11 in the morning. All of a sudden, the cases she was called in for do not go to a hearing because the cases are continued to a future date (this happens every day in all courthouses of the United States) It is only 10 in the morning, so she reports back to the interpreter coordinator; she tells her what happened, and sits down waiting for possible cases between 10 and 11 o’clock when she is going home to her sick child. Unfortunately, the interpreter coordinator has other things in mind and asks her to go to a different courthouse 40 miles away. The interpreter objects and claims that going to that other location will take about 30 minutes one-way. The coordinator states that the 2-hour minimum is not over yet. The interpreter explains that she was counting on working until 11 in the morning, and going to the second location would result in an additional 60 to 90 minutes. The coordinator explains that the interpreter would be compensated for her travel time at the reimbursement rate. The interpreter declines the assignment and the coordinator explains that due to the refusal, she will be paid for one hour of services, not two. This could also happen to another interpreter who has other professional engagements (not with the court) immediately after the time she was hired for. You see? The “guaranteed fee” is not such a thing. The court does not understand that interpreters sell their time and from the moment they commit to an assignment they cannot accept anything else during that period of time.

The same contract indicates that the state shall pay the interpreter for the services rendered within 30 days from the time of filing of the invoice; unfortunately, it also states that the interpreter cannot add any late payment interest or penalties when the courts don’t pay on time. Obviously this turns this contract into a one-sided document with no contractual value but for one of the parties: the courthouse. Interpreters are barred from protecting themselves as they cannot pursue compensation for the damages caused by late or non-payment.

Apparently, this contract was exclusively crafted by the courts, and the interpreters did not have an opportunity to seek legal advice and representation before signing the document. Moreover, there is an advisory body for interpreting matters in this state where independent interpreters are a huge minority since all court players are represented separately: judges, administrators and staff interpreters. In other words, the interests of the state will always have a majority of votes in this advisory body. Obviously, something is wrong with this picture. I am not saying that it is exclusively the courts’ fault, because the interpreters needed to be more assertive. And this takes me to the real root of the problem: A silent careless interpreting community dealing with a court administration that wants to protect its interests (as it should) and will take everything it can as long as the interpreters do nothing about it.

Those of you who have met me in person or regularly read my blog know that I am not in favor of protectionism in any way, shape, or form; you have probably read my opinion regarding “equal assignments for all interpreters” and protection to those who are not up to speed with new technologies. I am totally against these ideas. I do believe that it is up to the individual interpreter to do whatever it takes in order to secure more work with the courts or with any other client. You also know that I am not a big fan of working for the court systems, especially at the state level, because they pay very little and often do not treat interpreters like professionals. The best and permanent solution to this problem, from the interpreter’s point of view, would be to leave the court work and do some other interpretation (including out of court jobs where interpreters can negotiate their professional fee with the attorneys) but for those who do not want to quit the courts, my suggestion would be to seek legal advice and negotiate before signing a contract, to use their professional associations to educate the interpreters and perhaps collectively retain the services of an attorney to look over their interests, not the courts’. I am not saying that professional associations should turn into labor unions, nothing like that; all I am suggesting is that besides continuing education, a member directory, and social events, these organizations should look into these issues not to improve working conditions, but to improve the level and quality of the professional service provided by its members. By doing this, interpreters’ working conditions would be indirectly improved as this is a needed requirement to raise the quality of the professional service. Finally, independent court interpreters must consider the court as a client, not an employer. Dear friends and colleagues, the courts are our clients, and they are not even our best clients; even if you get most of your work from them, they are not the best-paying client; therefore they are not your best client. To consider a client as the best because of how much work they send your way instead of because of how well they pay would be like saying that Wal-Mart is a great clothes store because of its volume, when you have many other businesses that sell better products of higher quality. I invite you to post your comments on this issue, and to share your experiences of what you have perceived as an abusive behavior by a state court; and remember, no names or specifics on the courts or people please.

Is it the American Revolution or the War of Independence?

Dear colleagues:

It seems to me that every year around the 4^th of July I get the same question from friends and colleagues: What do you say when you are interpreting an event and the speaker brings up the 4^th of July? Sometimes they refer to this event as the revolutionary war; sometimes they call it the war of independence, and to some it is just the American revolution. Which one is the correct term to describe what happened in the United States of America at the end of the 18^th century?

Those of you who know me personally have seen how much I like history, so this is an issue that I have studied and researched in the past. We should start by going to the dictionary to see what the difference between the terms revolution and independence is. According to the Oxford dictionary, a revolution is: “A forcible overthrow of a government or social order, in favour of a new system.” It also defines it as: “A dramatic and wide reaching change in conditions, attitudes, or operation.” Webster calls it: “A total or radical change,” and “A fundamental change in political organization, or in a government or constitution; the overthrow or renunciation of one government, and the substitution of another, by the governed.” Oxford defines independence as: “The fact or state of being independent,” and independent as: “Free from outside control; not depending on another’s authority.” Webster tells us that independence is: “(the) freedom from outside control or support,” and also as: “The time when a country or region gains political freedom from outside control.”

The American revolution (or war of independence) was the very first of its kind. It emerged at a time when most of the world was ruled by monarchs, and most of the people were confined to a place in society they had inherited and could not leave. It was also a movement led by wealthy intellectuals who organized, debated, compromised, and reached decisions by majority of votes.

The American movement was triggered by resentment of the economic policies of Britain, particularly the right of Parliament to tax the colonies, and by the exclusion of the colonists from participation in political decisions affecting their interests. This has come to be known as “taxation without representation.” After the end of the costly French and Indian War of 1763 the British Crown needed money, so it imposed new unpopular taxes such as the Stamp Act and the Sugar Act, as well as trade restrictions on the colonies. For over a century the colonies had been fairly unattached to the Monarchy because of geography and religion. The people of the 13 colonies had made a life with very little help from the British monarch who now wanted even more of the colonists’ hard earned money, fueling growing resentment and strengthening the colonists’ objection to their lack of representation in the British Parliament.

Determined to achieve independence, the colonies formed the Continental Army, composed chiefly of minutemen, to challenge Britain’s large, organized militia. Following disturbances such as the Boston Tea Party of 1773, the war began when Britain sent a force to destroy rebel military stores at Concord, Massachusetts. After fighting broke out in 1775 in Lexington and Concord, rebel forces began a siege of Boston that ended when the Americans forced out the British troops in 1776 during the battle of Bunker Hill. The Crown’s offer of pardon in exchange for surrender was refused by the Americans, who declared themselves independent on July 4, 1776. British forces retaliated by driving the Continental Army of George Washington from New York to New Jersey. On December 25, Washington crossed the Delaware River and won the battles of Trenton and Princeton. After winning the battle of Saratoga, Washington quartered his troops through a terrible winter at Valley Forge, where they received the military training that gave them victory in Monmouth in 1778. British forces in the north were concentrated near New York, and France, which had been secretly furnishing aid to the Americans since 1776, finally declared war on Britain in June 1778. French troops assisted American troops in the south, culminating with the British surrender in 1781, bringing an end to the war on land. War between Britain and the U.S.’s European allies continued at sea. The navies of Spain and the Netherlands contained most of Britain’s navy near Europe and away from the fighting in America. The last battle of the war was won by the American navy in March 1783 in the Straits of Florida. With the Treaty of Paris on September 3, 1783 Britain recognized the independence of the U.S. east of the Mississippi River and ceded Florida to Spain.

This would be the story of a successful war of independence like many others throughout history. However, the military campaign is only part of what happened in America in 1776. Perhaps the most important event of the war of independence happened in a Philadelphia hall, away from the battlefield.

You see, unlike other nations that have obtained their independence from a foreign power, the thirteen original colonies were not a single entity. This was not a country trying to be independent from another. These were thirteen distinctively different peoples; they had different economies, different religious practices, different geographical circumstances, even different ethnicity. Unlike other independence movements, this was a decision made by a population with very little ties to their European monarch. Spanish and Portuguese nobility established in the rest of the Americas, they were governed by a king through a viceroy. The thirteen colonies had none of that. The immigration to what is now the eastern United States consisted of laborers, farmers, people who had been oppressed and persecuted by their European government. ) We can now see a similar situation with some of the 21^st century immigration into the United States from Latin America). These people owed nothing to the crown. Ignored by the Crown, they took advantage of that freedom and successfully built a country where hard work and creativity gave them a lifestyle unimaginable for them in Europe. Two kinds of Americans participated in the movement of independence: the common hard-working individual who knew that it was wrong to give his hard-earned money to the British Monarch who had done nothing for him, and the well-educated, wealthy American segment of the population who were able to articulate this general desire shared by all Americans, and produce a blueprint for a government never seen before where all thirteen colonies, now states, would keep their independence while at the same time would unite with the other colonies for two fundamental purposes: to defend themselves from more powerful foreign nations, and to facilitate commerce and free trade among the thirteen states. They designed a system of government as far away from the powers of the monarch, with a very limited role for the government, with a divided power for checks and balances, and with an inverted pyramid structure where the government closes to the people would have more power than the government more removed from the American citizens. They elaborated this master plan in order to achieve three goals: the protection of life, liberty, and the pursuit of happiness; and they made it clear that the government would never be able to take any of that away from the people because the people created the government to serve it, because no authority or power, or rights ever came from the government; they made it clear that all this inalienable rights came from a higher power, by the Creator. In doing so, they doomed all potential tyrants for eternity, because in the United States the government gave nothing to the people and therefore, it cannot ever take it back. It is true that in 1776 blacks were considered property, and women and also men who did not hold land could not vote. It is true that it took an even bloodier war to eliminate slavery, and another century to begin a process of true equality; it is a work in progress; but the Declaration of Independence and later the Constitution and the Bill of Rights are the true American revolution.

Therefore, my friends and colleagues, when asked the question is it the American Revolution or the War of Independence, you should pause and remember that it was a military war of independence because it severed the ties between the United States and the British crown, but it was also a revolution because it went far beyond breaking away from the monarch, it created a brand new system with a limited role by the government, with checks and balances, and with the triple goal of protecting life, liberty, and guaranteeing the pursuit of happiness to all those in the United States. Therefore, as you answer the question, remember John Hancock, the president of the Continental Congress in Philadelphia, signing his name at the bottom of Jefferson’s master piece, with huge letters so that King George III “could see it all the way across the ocean” and answer that it depends on what you are addressing: the military movement or de fundamental change in government; and if they ask you for a term to describe it all, then in my opinion you should say: The revolutionary war. Now I ask you all, limited to the question posed in this post, to share your opinion and comments about this issue.

Questions of a court interpreting student. Part 2.

Dear colleagues:

I received a message from one of my students of court interpreting in Mexico City. With the new oral trial system that is now being implemented in Mexico there will be many opportunities for interpreters to find assignments in court settings, so she is considering becoming a court interpreter when she graduates from college. She researched the matter, and as she was getting deeper into the world of court interpreting she decided to contact me with some of her doubts. Her questions were very good, so I thought about responding through the blog so that others, in Mexico and elsewhere, with the same or similar concerns could learn a little more about this area of the profession. I asked her if this was an acceptable way to answer her questions, she said yes, so I wrote down my answers. As I was responding to the questions I realized that this would be a lengthy post so I decided to divide it in two parts. Part 1 was posted two weeks ago. I now invite you to read the rest of my answers to her questions.

• What do you do as a court interpreter when a legal concept in the target language is similar, but not equivalent, to a legal concept in the source language or vice versa? Do you explain it? How do you get the knowledge to identify equivalences or similarities if you studied law?

There are many times when the interpreter faces a situation where there are similar legal concepts but the exact legal term or figure does not exist in the other language. This happens more often between languages from countries that have different legal systems: written Roman Law versus oral Common Law. The general rule for the interpreter is that she does not have to explain or define anything. It is the attorneys’ job and duty to explain the law not only to their client, but if needed, to the court interpreter so she can do her job. In a situation where a competent interpreter who has done her homework runs into a legal concept that she does not understand, she must research it and study it as part of her preparation for the case, and if there is no time for that, she has to inform it to the judge or attorney, depending on the interpreters function in the particular proceeding, so the legal term can be explained to her. Many times the explanation will allow the interpreter to find the correct term in the target language. Interpreters, who have studied Law as your question says, have the advantage of knowing and understanding legal figures and terms without any explanation. If this is the case, and the interpreter is ambitious, she can study the legal figure from the country where she did not study law and this way find a better solution to her problem. This is one of the reasons why most legal systems require interpreters to comply with continuing education requirements. Fortunately for you, with the new legal system being implemented nationwide, Mexican court interpreters will not find this situation very often anymore.

• What happens when someone, the judge, prosecutor, or defense, realize that the interpretation is wrong or misleading? Is the interpreter penalized, and if so, what sanctions does he face?

Interpreters are human and they perform one of the most difficult tasks in the world. Court interpreting is so complex, that most court systems in the world are now requiring team interpreting for all hearings lasting over an hour. Any interpreter can unintentionally make a mistake and we all do at some point. It is what the interpreter does after the mistake that makes the situation irrelevant or serious. In most countries, mistakes due to bad acoustics, poor delivery by the speaker, interpreter fatigue, etc., can be easily corrected by an observation on the record amending the mistake. Other more serious mistakes due to a complex legal concept or a lack of context may be more relevant but they can also be cured by a correction as previously stated or by an admonition by the judge. Mistakes due to the interpreter’s ignorance can be corrected by the other member of the team who will discuss the discrepancy with the interpreter who made the mistake, and then together the team informs the court, outside the presence of the jury, that there was a mistake, the circumstances are explained, and if necessary, the judge will admonish the jury, and the attorneys will draft a special instruction for the jury that the judge will read at the end of the trial. On rare occasion the error could be so serious that there needs to be a mistrial. I can only recall one case but that particular case was really a judge’s error and not an interpreter’s. The interpreter who made the mistake can be sanctioned depending on the seriousness of the mistake and the applicable law. In general, sanctions could range from an informal reprimand to a temporary suspension followed by a probation period, to permanent revocation of the certification, patent or license. There is usually a formal procedure that includes notice and hearing, and the interpreter is allowed to retain the services of an attorney. Depending on the magnitude of the mistake there could be civil responsibility and the interpreter may be required to pay a fine and damages. This can only happen when ordered by a judge or jury after a civil lawsuit where the interpreter will be allowed to present witnesses and legal arguments through an attorney if he wishes to do so. Like all professionals, interpreters are encouraged to carry civil liability insurance (errors and omissions). If covered, the interpreter will be represented by the insurance attorneys and in most cases all he needs to do is to pay his deductible.

When the mistake is really an intentional act by the interpreter to defraud or mislead another individual, he could face criminal charges, and if convicted, he could go to prison.

• Are there laws or regulations that state the requirements that need to be met to perform as a court interpreter, and are there any written duties and rights?

All countries that employ the services of court interpreters as part of their judicial process have legislation that sets the minimum requirements to qualify as a court interpreter and to maintain that status. There are also authorities that regulate the profession setting procedures, protocols, responsibilities and rights. There are also ethical canons, and professional responsibility norms that control the way the services are provided. Some countries, like Mexico, are currently in the process of developing these legislation and regulations where all of the interpreter’s duties, responsibilities, work conditions and rights will be included. In the United States there are two levels of legislation and regulatory agencies: the federal level with the United States Constitution, Title VI of the Civil Rights Act, and the Federal Court Interpreter Act as the legal basis, and the Administrative Office of the United States Courts (AO) as the implementing federal agency. All states either have or are in the process of developing court interpreter legislation, and they all have a state-level Administrative Office of the Courts (AOC) as their implementing agency. In Europe the legal foundation is twofold: it comes from the Directive of the European Parliament and of the Council on the Rights to Interpretation and to Translation in Criminal Proceedings, and from the county-by-country legislation. Court interpreters in Europe have joined forces to ensure access to justice by the founding of the European Legal Interpreters and Translators Association (EULITA). In Canada it is the provincial regulatory bodies that grant the certifications and the Canadian Translators, Terminologists and Interpreters Council (CTTIC) applies uniform standards across Canada. Most regulations and rules set minimum fees for court interpreters and basic work conditions.

• Some government court interpreting websites talk about working with certified and non-certified interpreters; why is that, and what advantages and disadvantages does that bring to the defense, prosecution/plaintiff, or judges?

The only acceptable option is that of a certified interpreter who has studied, tested, and proven to be able to provide the service. This however, is easier to do in smaller countries where there is not a wide variety of languages as there are in a country the size of the United States. In other words, the reason why you see non-certified interpreters even mentioned in these websites is because of the lack of interpreters. It is important to separate non-certified interpreters who work in languages where there is a certification program from those interpreters who work with languages with no certification program. For example, the United States has certification exams for three languages: Spanish, Haitian-Creole, and Navajo; at this time it only offers federal certification for Spanish interpreters, so it is understandable why a very good Russian interpreter is not federally certified. You cannot call them federally certified, but you cannot group them with the Spanish interpreters who failed the federal certification test and by that fact have demonstrated a lack of the minimum requirements to work in federal court in the United States. Depending on their own realities, some states offer certification in certain language combinations and other states do not. There are also administrative law courts in the United States, and remote courthouses in very little towns where there are no certified Spanish interpreters but there are many Spanish speaking litigants because it may be an agricultural center where many immigrants live. The dilemma appears when the system is confronted by a Constitutional mandate to provide interpreter services and a reality that says there aren’t any. It is for these cases that non-certified interpreters are used. In the United States this is happening less at the federal level in Spanish language cases because of new technology that allows a certified interpreter to provide her services remotely from a big city. Certified court interpreters are physically transported to the small towns if the case goes to trial or a long complex hearing is held. Speaking of Spanish court interpreters, the advantage this “compromise” brings to the parties, and in my opinion it is a very questionable one, is that they have an interpreter, they will at least have the best that was found, and the court can always stop the proceeding and demand a certified interpreter be provided either remotely or in person. The disadvantages are obvious: The court and parties will not have an interpreter that at least meets the basic requirements to work in federal court (a certification) The situation worsens when you see courts and attorneys hiring these marginal para-professionals when real certified court interpreters are available solely to save money as these individuals will usually (although not always) be cheaper than a certified court interpreter. There is also another problem in the United States and other countries that will hopefully be avoided in Mexico through legislation: Because the U.S. is a free society, there are plenty of language agencies, language “academies”, and “professional” associations who offer their own self-serving certification so that their lower-level “interpreters” can present themselves as “certified” or “licensed” and make the client believe that they are hiring somebody with professional credentials. There are those who justify this practice for what they call “lesser court cases” such as administrative court proceedings. I completely oppose this practice and I have written and spoken extensively against it.

• There are some suggested self-study techniques to become a good court interpreter, such as expanding your vocabulary, developing your own glossaries, developing your own interpreter techniques, and others. Do you have any tips or advice on how to do it?

I already addressed part of this question in Part 1 of this post when I discussed some of the things that a student can do to become a better court interpreter. I would add that you can expand your vocabulary by picking ten new words from the dictionary every weekday. At the end of a week you will know fifty new words; you will probably remember 15 to 20 and that will be a net increase of 20 words per week. Not bad. I would do the same with legal terminology. Pick a topic and learn the terms. By week’s end you will remember about twenty percent of what you studied and you will have a much better understanding of that legal figure: a contract, court proceeding, corporate document, etc. You can also develop your thematic glossaries; I would do a different one every month and I would use an application for that. I personally use Interplex because I have been using it for many years so I am used to it; I also like the fact that it is compatible with your telephone and tablet so you can have the glossaries with you anywhere you go. Finally, I suggest that when you watch a real court proceeding or when you go to a courthouse to watch a trial in person, you practice your rendition (in court under your breath of course) and when you do so, pay attention to those things that work for you, and develop them; this could be the way you come up with your own personalized note-taking system. When doing this, many years ago, I realized that it was easier for me to remember numbers and figures if I could associate them to the numbers of the jerseys of professional athletes. I am a big sports fan and I have always naturally remembered the players’ numbers, so for me it is very easy to remember an address let’s say on 3272 Main Street, if all I have to do is to remember Franco Harris (32) Mickey Mantle (7) Derek Jeter (2) Main Street. I know this system only works for me, but it works very well, and I came up with it by developing my own personalized technique.

I hope these answers helped you on your quest to become a court interpreter, and I hope they helped others in Mexico and elsewhere, including the United States, who are considering this profession. I also invite all of you to share with the rest of us any other suggestions or input you may have on any of the ten questions. I would love to hear from students, new interpreters, veterans of the profession; anybody who may be interested in helping the next generation to get there.

The American Founding Fathers and their Foreign Languages.

Dear Colleagues,

On this Fourth of July all Americans celebrate our independence.  We know that on this day we recognize the immense wisdom and unlimited courage of a group of men who lived in the same right place at the same right time.  Although most of us will spend the better part of the day watching baseball, having a hot dog, and attending some local fireworks tonight, I thought that this year it would be interesting to once again talk about a little known aspect of the founding fathers’ lives: Their knowledge of foreign languages.

It is undisputable that they were all bright, well-educated, and visionary heroes who crafted an idea and implemented a concept never attempted before: a country with no monarch where the people were in charge.  We have read about their political, diplomatic, scientific, and military qualities, about how gifted they were. It is time to review their knowledge of foreign languages.  George Washington did not speak any other language. No doubt because of his very little formal education and humble beginnings he just spoke English.  Abraham Lincoln would fit the same bill. The emancipator was a self-educated attorney with a very modest upbringing and he never learned any foreign languages either. These two American heroes did not travel abroad in their lifetime.

Thomas Jefferson, author of the Declaration of Independence, first Secretary of State under Washington, and our third President spoke English, French, Italian, Latin, and he could read Greek, and Spanish. Benjamin Franklin, America’s first diplomat and well-known genius spoke English, French and Italian.   Our second President: John Adams spoke English, French and Latin. President James Madison spoke English, Greek, Latin and Hebrew.  James Monroe spoke English and French.

Although Samuel Adams and John Hancock did not speak any foreign languages, Hancock, the wealthiest of our founding fathers, and perhaps the most generous, founded a Professorship of Oriental Languages and Hebrew in Massachusetts.  All in all, 21 of America’s 44 Presidents have known at least a second language, and if you consider that America’s first Nobel Peace Prize recipient: President Teddy Roosevelt spoke French and German,  then we can say that two out of four Presidents sculpted on Mount Rushmore spoke a foreign language.

This may not be the most relevant aspect of a hero’s life, but it is a good way for a linguist to wish all of my friends and colleagues, together with their families, a happy Fourth of July!