Court interpreters’ priorities: Their health and to interpret.
August 12, 2020 § 16 Comments
Dear Colleagues:
Although we are still in the middle of a world-wide pandemic, I have heard from several colleagues that some courts in the United States, and elsewhere, are back in session and they are asking court interpreters to attend in-person hearings. Courts may have their reasons to reopen, but I think is a bad idea for interpreters to answer the call at this time. Covid-19 is very contagious and continues to spread all over the United States and many other countries. This is not the time to risk our health, and perhaps our future, to make the not-so-good court interpreter fees. Technology is such that courthouses can hold virtual hearings, or distance interpreting if they want to have in-person sessions. There are solutions for all judicial district budgets, from fancy distance interpreting platforms, to Zoom, to a simple over-the-phone interpretation with 3-way calling and a speaker phone. Federal courts have provided over the phone interpretation in certain court appearances for many years. Most hearings are short appearances that do not justify risking the interpreter. As for more complex evidentiary hearings and trials, just as conferences have temporarily migrated to this modality, distance interpreting can happen with a few adjustments. If in-person court interpreting is a bad idea right now, in-person interpreting at a detention center, jail or prison, is out of the question. At least in the United States, detention facilities are at the top of places where more Covid-19 cases have been detected.
Court interpreters provide services in accordance to the law and a code of ethics. Neither of them compels interpreters to put their lives at risk just to interpret for a hearing that could happen virtually. I urge you all to refuse in-person interpreting at courthouses and detention centers at this time. Advise judges, attorneys, and court administrators on the available options during the emergency. If after your explanation they insist on having interpreters appearing in person during the Covid-19 pandemic, please decline the assignment. It is obvious your life and health are not a priority for that organization; why should you put them at the top of your clients’ list?
Do not worry about the parties needing interpreting services. That is the attorney’s responsibility. Not yours.
Unfortunately, some of you will sadly agree to physically appear in court to interpret for defendants, plaintiffs, witnesses, and victims. If so, at least demand the following from the courts:
All in-person interpreting must be done with portable cordless equipment. Many courthouses already use it, and for those who do not, explain to judges and administrators this is the same equipment tour guides use. Courts should provide personal transmitters to all staff and regular independent contractor interpreters, and interpreters should take care of the transmitter and take it with them at the end of the day. If this is impossible (although these devises are very affordable) then ask the courthouse to keep them clean and safe, and separate from the receivers the parties will use. Interpreters should always have their own personal microphone (whether it is provided by the court or they purchase it on their own). Ask the receivers be kept in individual plastic baggies, and have the individual using the receiver open the bag and put the devise back in the baggie after the hearing. Never handle the receiver. Ask the court to notify all parties needing interpreting services to bring their own earphones (they can use their mobile phone’s if they are wired). The courthouse should have disposable earphones in stock for those who forgot to bring their own. Earphones are inexpensive and can be thrown away after each hearing.
Finally, interpreters should never disinfect the portable equipment. This is a dangerous chore, you do not get paid to do it, and it is not your job. Disinfecting the equipment goes against all federal and state court interpreter rules of ethics:
“Canon 7: Scope of Practice. An interpreter for a LEP participant in any legal proceeding, or for an LEP party in a court-ordered program, must provide only interpreting or translating services. The interpreter must not give legal advice, express personal opinions to individuals for whom interpreting services are being provided, or engage in other activities that may be construed to constitute a service other than interpreting or translating.” All states include this canon in their code of ethics (sometimes the number is different). Interpreting equipment should be cleaned and disinfected by the same people who clean and disinfect everything else in the courtroom.
If you are interpreting in person for an agency or for a direct private client, you must follow the same practices. The agency should assume the courthouse duties. As for your preferred direct clients who you could not talk out of an in-person appearance, use your own personal equipment. If you don’t have it, buy it. Do not borrow the courthouse’s. You do not know how clean it is. I would also add the following when dealing with direct clients using my own equipment: Have disposable latex gloves available for you and the person using the equipment. That way you may assist your direct client with the receiver unit if needed. Have spare disposable earphones available if your clients forgot to bring their own. I suggest you use the earphones you get on the plane for free and you never use because you have your own. The protocol for jail visits is: No jail visits under any circumstance. Period.
Even with equipment, maintain a safe distance between you and the person you are interpreting for. No sitting next to the client. Always use and demand others use facemasks. The sound quality is not the best, but removing the mask to interpret is too dangerous. I suggest you wear a mask that ties or has an elastic that goes around your head instead of the ones you wear on your ears. They are more comfortable and stay in place even if you are speaking,
Most judges are rational people of good moral character, but I have heard of some cases when a judge has ordered the interpreter to remove the mask, get closer to the person who needs an interpreter, and other dangerous actions. If so, try to persuade the judge, if that fails, ask for a recess and try to get the court administrator to see the situation from your viewpoint. If this does not work, or if the judge does not let you speak, or you cannot access the administrator, excuse yourself.
State you cannot fulfill your duty as a court interpreter to interpret the totality of what is being said in court because you cannot concentrate on the hearing when you know the judge is putting you in a dangerous situation. Put it on the record, and leave. If the judge does not allow you to leave the courtroom, or threatens you with a contempt order, then clearly put on the record for a second time the same explanation you already gave, and clearly state you are being ordered to interpret even though the rendition will be incomplete, that you are being held against your will, and that you are respectfully giving notice to the judge that if because of his order you get infected, you will bring legal action against the court and personally against the judge. Do not be afraid. You are not doing anything wrong.
On top of all that, I would never interpret in that Judge’s court again.
There are other things we can do as interpreters to protect ourselves in the rare case we end up in front of a judge that forces you to interpret and do things that risk your health and maybe your life.
You can file a complaint with the circuit court (if a federal case) or the court of appeals with jurisdiction over the judge. In federal cases, this is done according to the Judicial Conduct and Disability Act of 1980 (28 USC §351-364) and the Rules for Judicial Conduct and Judicial Disability Proceedings.
If federal, you can send a letter describing the judge’s conduct to the Federal Judges Association (FJA) (https://www.federaljudgesassoc.org) or to the State’s judges association in local matters.
Send a letter for publication on the American Bar Association (ABA) Journal Magazine, or to the State Bar Bulletin so attorneys and others learn of the incident and apply pressure on this individual.
Contact your local non-English radio and TV stations (for Spanish speakers Telemundo, Univision and Azteca America) and suggest an investigative report on how this judge is putting those who appear before him or her, and need interpreting services, at risk during the pandemic.
You can also talk to an attorney and explore the possibility of a lawsuit against the judge and courthouse for negligence.
Finally, write a letter to that courthouse’s chief judge and court administrator informing them that, regardless of the outcome, you will never work in that courtroom again. The letter should detail everything the judge said and did, including past episodes witnessed by you. A person with such a bad attitude did other bad things before.
Court interpreters perform an essential job for the administration of justice, everyone who needs an interpreter should get one, but certain things are above the job; one of them that should always come first is our health. I now ask you to share with us your in-person court experiences, in the United States or elsewhere, during the pandemic.
Is there interpreter discrimination in some U.S. Federal Courts?
February 21, 2019 § 7 Comments
Dear Colleagues:
Despite the bottomless well of ineptitude also known as the current administration of the federal court interpreter examination (I do not want to group this crowd with the efficient teams in charge of this program before the 2017 fiasco) there were a few interpreters who, even under the sub-standard conditions of the exam, passed with flying colors and became the newest Spanish language court interpreters certified by the Administrative Office of the United States Courts (AO).
The Federal Court Interpreter Act of 1978 provides that the Director of the Administrative Office of the United States Courts shall prescribe, determine, and certify the qualifications of persons who may serve as certified interpreters (28 USC §1827)
In discharging said responsibilities, the AO classifies as Spanish language certified court interpreters those who have passed the two phases of the Administrative Office certification examination, have no criminal record, and meet the interpreter skills outlined in the AO’s website (https://www.uscourts.gov/services-forms/federal-court-interpreters/interpreter-skills):
- High proficiency in both English and Spanish.
- Impartiality
- Ability to accurately and idiomatically turn the message from the source language into the receptor language with no additions, omissions or other misleading factors that alter the intended meaning of the message from the speaker.
- Mastery of simultaneous interpretation, which is the most frequent form of interpretation used in the courtroom, and of consecutive interpretation and sight translation.
- Ability to communicate orally including appropriate delivery and poise.
- Demonstrate high professional standards for courtroom demeanor and professional conduct.
Individuals who meet all requirements may request a freelance interpreter contract from any federal district court. Court administrators, chief judges, clerks of the court, and staff managing interpreters should honor the request and offer work to these interpreters unless they have a legally valid reason not to do so.
When I devoted most of my practice to court interpreting, I witnessed, as I am sure you have, many conversations among veteran certified court interpreters concerned that those who recently became certified, or the ones who had just moved to town, would have a negative impact on the caseload assigned to them by the courthouse. I heard colleagues supporting the veteran interpreters arguing that newly certified colleagues, were a liability due to their lack of court experience.
I have learned of at least two instances, in different parts of the United States, where newly certified colleagues are systematically ignored by those who schedule court interpreter assignments. Even though these interpreters meet all eligibility requirements to work in federal court anywhere in the United States, apparently, they have been excluded for what seem inexcusable reasons such as lack of experience, or because they got certified in the most questionable certification exam cycle in history.
I hope the reasons above are not true, and the icing of the new interpreters ends soon. It is perplexing to hear that a recently certified court interpreter cannot interpret in court because of lack of experience. Where do these staffers want them to acquire said experience if they continue to slam the courthouse doors? To those schedulers who follow the “lack of experience” argument with a “they are not ready because they do not know our system, how we work” I say: If they passed an exam as difficult as the federal court interpreter’s, they will learn your “system” in a couple of hours because, despite of what you think, it is just a way to do things. It is not rocket science”.
I simply remind those who question the knowledge and skills of court interpreters certified last time that on top of passing such a difficult test, these colleagues had to do it in an environment reminiscent of the Dark Ages’ worst torture chamber, where they had to deal with an internet service as reliable as smoke signal messaging in the Wild West, where they had to take notes on their knees because there was no room on the table to do so, where they had less time for their consecutive rendition than we did because they had to manipulate the recording, listen, take notes, and interpret, all within the same time. And for the cherry on their cake: they had to wait many long months for their scores, enduring silence and negligent treatment from the AO and its chosen contractor. Please remember, these are not the interpreters who will retest (a sad group where some day many capable colleagues must go through this process again because of the ineptitude of others).
I ask all veteran certified court interpreters to welcome the class of 2017, and I appeal to the open minds of scheduling staffers, interpreters and others, to stop discriminating against certified interpreters just because they are new, and for that reason do not know your system or are not your friends, and include them in your rotations and assignments. Veteran interpreters: do not fear the newbies. We can all learn from each other, and if you get fewer assignments in court, remember: you are a freelancer, look for work somewhere else. You probably will find more variety and much better pay. I now invite my colleagues, veterans and rookies, to share their thoughts with the rest of us.
What is going on with the federal court interpreter certification test results?
February 20, 2018 § 73 Comments
Dear Colleagues,
The federal court interpreter certification is the highest credential a Spanish court interpreter can have in the United States. Unfortunately, the exam is not available in other languages, but it has historically separated good court interpreters from mediocrity in the legal arena. Fortunately, the exam has been difficult and very demanding through the years, and the result has been a group of better prepared court interpreters who demonstrated they have the minimum knowledge and skill needed in a courtroom. A test this difficult will always have its detractors and there have been plenty of these disgruntled individuals who attribute their failure to pass the test to everything under the sun but their own lack of skills. This is acceptable, and it reinforces that the content of the exam is the right one.
Unfortunately, recent changes, not to the exam contents, but to the way it is administered and graded, have put into question the reliability of the results.
It started a few years ago when, undoubtedly for budgetary reasons, it was decided to reduce the number of exam graders from three to two. It is hard to understand why any deliberating group would ever go from an odd number of decision-makers to an even number, but that happened. Please notice I am not bringing up an earlier change on the administration of the exam when in-person examiners were substituted by a recording device because I believe that change was positive because all candidates listened to the same recordings, and it allow graders to rewind and listen an utterance as many times as needed. This change resulted in a fair exam.
The biggest irregularities happened last September when the exam was administered for the first time by Paradigm Testing, who presumably outbid the former test administrator. While this newcomer to the court interpreter testing arena brought changes and innovations designed to save money, it also imposed an undue burden on the examination candidates. We have all heard many complaints about practice/training exams arriving late, poorly given instructions on operating the testing equipment, proctors staying outside of the exam room making it impossible for candidates to ask questions or report problems on a time-sensitive examination. We all know about the faulty internet connections that took away precious time needed to complete the test; and we all know stories about the infamous click button during the consecutive rendition where examinees had to click a button twice in a small pop-up window for each utterance, and then quickly pick up the pen or pencil and sort papers to get ready for the next utterance. Even the ergonomics was a big concern since the candidates were forced to keep their writing materials to the side because the laptop was directly in front, sometimes taking over most of the space on the table. I always believe that proctors were not just there to police the examinee, but also to facilitate the process.
No doubt these irregularities resulted in some questionable test results for some, perhaps many, of the candidates. I wonder if this is the reason the results of a test taken in September have not been disclosed yet. The Federal Court Interpreter Certification Examination for Spanish/English Examinee Handbook states: “…C. Score Reporting Procedures and Timelines… Oral Examination: Scores will be available approximately three months after the administration of the oral examination, and will be sent to the e-mail address provided during registration. The Director of the AO will confer certification on candidates who pass the oral examination, usually within four months following the examination…” (Federal Court Interpreter Certification Examination for Spanish/English Examinee Handbook, updated June 1, 2017. Page 4)
Two very important deadlines were missed by Paradigm Testing: Results must be in the candidate’s e-mail box in approximately three months! The exam was in September 2017. It has been over five months. The Administrative Office of the United States Courts had to issue proof of certification to those who passed the test four months after the exam! The AO is in default also. This is very troubling as we all know that the exams were graded last year.
The grading of the exam is another issue that should concern us all. First the reduction from three to two graders, and now a tendency to bring in as graders more staff interpreters than freelancers. This is a matter to be considered as well. Staff court interpreters are federally certified, and the ones invited to grade the test are very capable professionals. However, they bring to the table certain perspective and limited experience in many areas of the law when compared to freelancers. Most staff interpreters do a magnificent job interpreting those issues that involve federal legislation. Freelancers contribute a broader knowledge and a different perspective. Does this matter? Are they going to test the examinee on non-federal matters? Of course not, but unlike the staff interpreter, the freelancer may tell if a candidate did not know the subject, or just made the mistake of treating it like a local matter. The real issue is, freelancers are more expensive because they must be paid; staffers are getting the same paycheck they would get anyway. Reality shows that many interpreters are not finding grading the exam attractive anymore because they get paid little for the amount of work.
I hope that last September test results are published soon, and they better be free of controversy for the sake of those who took the exam, and for the future of the once very reliable federal certification program. I now invite you to share your stories and thoughts on this very serious matter.
Are we protecting our profession? Part 1.
March 29, 2016 § 49 Comments
Dear Colleagues:
Every now and then something happens in our profession that makes me wonder if we are truly doing what is best for all of us: individually and collectively as interpreters and translators. In fact, this happened recently when I learned, like many of you, that the American Translators Association had revisited the antitrust legislation issue and had reviewed its policy. As expected, ATA followed its traditional pattern of protecting the “interests” of the association over the interests of its individual members or the profession, and adopted a policy that clearly observes antitrust legislation as is, without questioning it. It is not clear to me how the association arrived to this resolution to endorse everything the government wants, and is included in the legislation and case law, without first seeking a legal opinion from attorneys who disagree with the current antitrust laws or their interpretation by the government. As I understand it, the mission of a professional association is to advance and protect the interests of its members and the profession they practice. This can only be accomplished by assessing the current legislation as to its impact on those who it is supposed to protect. I am convinced that a well-publicized campaign to get public comments from the membership, and seeking a legal opinion as to how to interpret the current legislation in the light most favorable to the interests of the individual interpreters and translators, which could have included proposed amendments to the antitrust legislation would have been fruitful and very successful. Of course, it would have rocked the status quo where big multinational businesses, sponsors or members of the association, benefit from the current interpretation of the law and the association’s corporate policy, that leaves the individual members on an uneven field where they cannot talk about the insulting and sometimes degrading fees, or rates as these huge corporations refer to them, that are offered for their interpreting and translation services.
We all want to comply with the law, and nobody is suggesting that we break any legislation. On the contrary, we should always observe the law of the land, as these rules and regulations exist to protect the weaker members of society from the actions of those who are in a position to take advantage of them. This does not mean that we should not question a legal precept when we believe that it is not advancing justice or protecting the weak.
Antitrust legislation was born in the United States in the latter part of the 19th. century when the legislator, first at the state level, and later at the federal Congress, saw the need to protect consumers from big business that at the time was acting as big conglomerates with “excessive” economic power according to the opinion of a majority of the citizens of the United States. The goal of the legislation was to regulate the conduct of business corporations by promoting a fair competition for the benefit of the consumer. Legislation such as the Interstate Commerce Act of 1887, the Sherman Act of 1890, the Clayton Act of 1914, and the Federal Trade Commission Act of 1914 became the law of the land. They were followed by more recent laws like the Robinson-Patman Act of 1936 and the Celler-Kefauver Act of 1950. Ohio Senator John Sherman clearly explained the rationale behind this policy when he said that: “…If we will not endure a king as a political power, we should not endure a king over production, transportation, and sale of any of the necessaries of life…” (Speech delivered in the U.S. Senate on March 21, 1890) The U.S. Supreme Court agreed with this spirit of the legislation when it referred to the Sherman Act as a “charter of freedom, designed to protect free enterprise in America” (Appalachian Coals, Inc. v. United States, 288 U.S. ({{{5}}} 1933) 344 [359]) Antitrust legislation goes against the freedom of speech protected by the First Amendment of the Constitution, but it is tailored under strict scrutiny to limit this right only as it protects the consumer from the voracious unscrupulous merchant. We have many examples of these businesses throughout the more than one hundred years of antitrust laws in the country: The mining industry, the automobile industry, and even the telephone industry are some of the examples that come to mind. In all of these cases we can clearly see the benefits of restricting commercial and industrial activities to avoid monopolies. We do not dispute that, but the fact is that the world has changed and we now face a very different economic reality than the one faced by the antitrust legislator of the 19th. century.
Technological advances and the rapid growth of globalization have created a world with uneven realities and circumstances in many fields, including interpreting and translating. When applied today, the rules conceived to protect the weak from the powerful, provide shelter to multinationals like Capita, SOSi, and LionBridge who take advantage, with the blessing of some of our professional associations, of the legal ban to talk about fees and working conditions of professional interpreters and translators who are forced to negotiate with commercial, not professional, entities who take advantage of any circumstance they can use in their favor.
But it does not need to be that way, a careful reading of the law shows us that discussing fees and work circumstances is legal, as long as there is no agreement to fix a fee. The problem is that, to avoid any possible discomfort, some professional associations adopt internal rules and policies where all mention of fees has been proscribed. It is clear that there is a need for litigation, it is the courts, not the executive branch, who should decide if these 19th. century rules designed to protect the little guy from big business should apply to individuals who make a living from the practice of a professional service, not an industrial or commercial activity (despite the efforts by many to convince us of this model) who are constantly oppressed and taken advantage of by the big business of multinational interpreting and translation corporations.
Who is the little guy who needs the protection of the law under these circumstances? Professional service providers should not fix their fees for services offered to their individual clients: the consumers in this scenario; but there is a big difference between offering services to a neighbor or a store down the street where I live, and having to accept rock bottom fees from publicly traded entities who have a presence in fifty countries. The court system needs to decide these cases, and if the decision is adverse, the legislation has to be changed. Not all legislation is good or fair; in fact, there are plenty of examples where we can see how the law created or enabled an unjust situation. Let us remember that not long ago the United States had legislation that favor slavery, or deprived women from the right to vote. This is where professional associations are expected to act to protect their individual members and above all: the profession.
Perpetuating the present situation will not advance the profession, it will mutate it into some kind of involuntary servitude where the big guys will call the shots. I now ask you for your comments, in the understanding that nobody is calling for violating current legislation, just to change what we have right now, and to opine about the role that a professional association should play when the profession needs to be protected from exterior forces who are trying to hijack it from the interpreters and translators. Next week we will discuss the same topic from a different perspective: The professional associations and the battle against the professionalization of the interpreter.
What is the New Court Interpreter to do after the Certification?
June 28, 2012 § 1 Comment
Dear Colleagues:
Every month people get certified as court interpreters somewhere in the United States. We all see the news reports stating that there is a shortage of court interpreters in the country, and yet, many of these newly-certified professionals do not know what to do, where to go, how to get started in their careers.
A well-known scenario is that of the new interpreter who goes to the courthouse looking for work and he is “front-desked” by all regular, “veteran” interpreters who already work there, fear the new-blood competition, and do their best to discourage the newly certified colleague with the hope that he or she will move on to another courthouse somewhere else.
Another everyday situation is that of the new interpreter who goes to the programmer, chief interpreter, administrator, or whatever other title she may have. The interpreter is greeted and welcomed because they need him, but the person in charge is from another time, a time when courts used to hire people not fully qualified to foster new interpreters. The result is that this new, potentially good, court interpreter learns from the worst available role models. Pretty soon the talent goes to waste as these new interpreters are exposed to all the defective practices that their supervisors endorse. Sadly, this interpreter will now join the ranks of those bad, allergic to study court interpreters who will spend the rest of their lives living from paycheck to paycheck without ever advancing their professional career. A lot of talent gets wasted this way!
Some of us who have been around for some time in this profession are constantly trying to help these new interpreters (in courthouses, hospitals, booths, etc.) but there are not enough of us willing to help, capable of doing so, and with time to do it. That is why I decided to write a manual: “The New Professional Court Interpreter” that addresses all of these practical situations that are not taught in school. My manual is very concise, extremely user-friendly, and it was put together with the idea of creating something useful to all new interpreters, regardless of their language pair. I know that this manual will benefit the new court interpreter who wants to work every day as a court interpreter; but I also know that it will help the part-time interpreter who will interpret during the summer, or those who can only work sporadically because of their language combination. In fact, because “The New Professional Court Interpreter” covers ethical issues, research and case preparation tips, and protocol while in a courtroom depending on the type of court, this publication will be very useful to those practicing interpreters who occasionally work other type of hearings: administrative, civil, immigration, etcetera.
The manual has a practical focus; it is designed to help the interpreter with the everyday tasks of being a person who makes a living interpreting in court, and leaves all theory and technical issues for another day, a day that supposedly already happened in the lives of those who already achieved certification. I invite you to purchase the book. You can order it from Amazon, from Creatspace, or directly from my website by leaving a message with your information. To order through Amazon go to this link: http://www.amazon.com/The-New-Professional-Court-Interpreter/dp/1477556966/ref=sr_1_1?s=books&ie=UTF8&qid=1340884792&sr=1-1&keywords=the+new+professional+court+interpreter
I ask you to visit the websites, get the book, and share your thoughts about the topic in this space.