Federal court interpreter exam candidates’ emotional distress continues.

July 10, 2018 § 13 Comments

Dear colleagues:

On June 30 those who took the federal court interpreter exam in the United States last year, and have not received their test results to this date, found an email from the Administrative Office of the United States Courts (FCICE@ao.uscourts.gov) in their inbox.

Once again, and after all this time, the email was to “provide an update” on the status of the scores. The email explained how all exams have either been scored and equated, or invalidated. The email then goes into a very detailed explanation of the scoring and review of the exams, but it only addresses the news that candidates care about towards the end of the communication by stating that “…no dates have yet been set for the 2018 re-administration of the oral phase of the… examination…” and it then drops the bomb when it indicates that “…dates will most likely not be determined until after November 2018…” and it gives an “assurance” to those who have been victimized by the credibility of the AO since they took the exam last year, that regardless of when the exam is re-administered, “…it will be administered in time… to qualify for the 2019 administration of the oral phase…”

Once again, the email tells nothing to the candidates, and once again it lacks an apology, by now long due to all of our colleagues who have endured this nightmare for so long. The email does nothing to comfort the candidates. Instead of informing them of their scores, it gives them an unusual explanation about the way these scores will be delivered. First, they will receive an email informing them that their score has been snail-mailed through the U.S. Mail. Can you imagine how much longer those candidates who live outside the United States must wait for the letter to get to their mailbox?

The email speaks of the “re-administration” of the test, but it says nothing about the entity in charge of the task. At this point is not known if there will be a new contractor or if the AO itself will administer the exam.

It concerns me to see how the government does not get it. Once again, they distract the candidates from the fact that nothing relevant has changed since the last time they received a letter from the AO, with a lengthy explanation on how the exams have been scored, equated, and reviewed.

The validity of the exam and the integrity and skill of the raters are the only things never questioned by anybody, yet, they continue to dominate the communication to the candidates. What everybody questions is not the exam nor the examiner; the answers everybody is waiting for concern the decision-making process that resulted in contracting paradigm and the accountability of those who made such decision; the readiness of Paradigm to administer an exam like the federal court interpreter certification test, when there was nothing in their background to suggest they could perform the task; and finally, the way the AO has handled the situation after the exam, from its secrecy and lack of transparency, to the delays, to a full report on what they are now doing to hire a capable contractor and to make sure that another fiasco of this enormity never happens again.

The candidates got another email, and from that, they got:

No apology from the AO for all damages caused to the candidates who took the exam.

NO admission of any wrongdoing or even responsibility for retaining Paradigm and for acting the way they have after the exam was administered.

No word on who will be the new retained contractor, or what they will do to re-administer the test. It is very important to know who the new contractor is because candidates will want to know that the selected corporation can handle the administration of both: written and oral tests in 2019.

No date for the retake, just a hint it will probably be after November. This assures all candidates an awful holiday season full of pain and suffering.

Not a word on reimbursement of the fees paid for the exam “administered” by Paradigm, and nothing on covering travel and other expenses for those who had to travel from far away to take the Paradigm exam.

Another development in this shameful saga happened on the written federal court interpreter certification exam: Even though Paradigm’s website still links to the FCICE webpage; the link has been disabled by the AO, and their website now indicates that at this time there is no date for the “summer” written examination, but from a careful reading on the website you can conclude it will be next year.

To mend the biggest fiasco in court interpreting history, people will take both, written and oral tests on the same year, altering the spirit of the exam as originally conceived, and ending a tradition.

Dear friends and colleagues, candidates who took the exam last year and those studying this year for the written test: it looks like you will continue to suffer emotional distress and enormous tension as you are likely to spend your 2018 holiday season studying for a test you had the right to take this year.

I now invite all candidates who took the oral exam, those studying to take the written test, and those certified interpreters who feel for these colleagues, to share their stories of struggle and frustration during this very dark time for court interpreting in America.

What is the appropriate consecutive rendition from the witness stand?

November 15, 2016 § 7 Comments

Dear Colleagues:

Court interpreting is a complex task that requires of all main modes of interpretation: simultaneous, sight translation, and consecutive.  There seems to be a consensus among court interpreters as to when simultaneous interpreting and sight translation are required during a judicial proceeding. I am afraid that we cannot say the same about a consecutive rendition.

Consecutive interpreting is convenient, and for that reason, widely used during client-attorney interviews at the law office, detention center or courthouse. It is also the mode most attorneys use to prepare their witnesses for the stand.  Even those attorneys and interpreters who favor simultaneous interpretation partially use the consecutive rendition. It is common to have a situation where the interpreters simultaneously interpret the attorney’s questions or remarks to the client or witness while resorting to the consecutive mode for the answers.

For reasons we will not discuss on this post, many courthouses have adopted this system for direct and cross-examination of foreign language-speaking witnesses during a trial. They employ the services of two court interpreters: One interpreter, located away from the witness stand, sometimes in a booth, others at a dedicated table in the courtroom, simultaneously interprets the questions for the witness who gets the rendition via a receiver and an earpiece. The other interpreter, sitting or standing next to the witness stand, waits for the foreign language-speaking witness to answer the question aloud in his or her native language, and then interprets said answer consecutively. Some have proposed that both, question and answer be interpreted simultaneously from a booth using standard interpreting equipment, with the jury, judge, attorneys, and others listening to the answers through a receiver and an earpiece, the same way a question and answer session is conducted in a conference setting. So far, I have not seen this anywhere, and later we will address what I believe are the reasons why this has not been attempted.

Therefore, most courtrooms use consecutive interpreting at least for the answers given by the witness, defendant, victim, or expert, from the witness stand. The controversy arises at the time of deciding what kind of consecutive interpretation is best suited for a trial.

We all know that there are two main types of consecutive interpreting: long consecutive, used in conference settings, press conferences, diplomatic and ceremonial acts, and others; and short consecutive, generally considered as the rendition of choice for court proceedings. Recently healthcare interpreters have entered the professional stage as a major presence; they generally use an even shorter form of consecutive interpreting than the one chosen by many court interpreters.

Dear friends and colleagues, I constantly travel for professional reasons, and my trips take me to places where I have a chance to meet and talk to local interpreters who share their concerns, ideas, and experiences with me. This, together with my own experience as a court interpreter for many years, and what I have observed in courtrooms of several nations, made me realize that there are two distinct schools of thought: Some of our colleagues believe that interpreters should use long consecutive from the stand, and others think that short consecutive is more appropriate.

Let’s see:

We call long consecutive the interpretation of a segment of a speech in the source language that the interpreter renders into the target language after the orator has spoken for about 10 to 15 minutes (sometimes longer) relying on his concentration, memory, visualization, and note taking, rendering longer messages with more complete ideas and more separated in time. It is used by diplomatic, media (press conference) and conference interpreters. It requires of a skilled interpreter who knows the basic consecutive interpreting techniques, and allows for the source speaker to convey more complete thoughts, as he is not encouraged to cut the ideas short for the sake of shortening the segments. Interpreters who defend this type of rendition argue that it fosters a more comprehensive answer or narration of facts, helps the jurors and judge understand the answers, and because of its complexity, it requires more seasoned, capable interpreters, eliminating mediocre ones who simply cannot provide a lengthy consecutive interpretation. A lot of formally educated, and current and former conference interpreters favor this modality.

Short consecutive works with shorter segments of speech, often lasting between 10 seconds to one minute, or about fifty words (U.S. Federal Court Interpreter Examination handbook) and it is used in court hearings and other legal settings such as depositions and witness preparation sessions. It requires a skilled interpreter who mainly relies on memory, but also uses concentration, visualization, and a note taking system that is quick enough for the interpreter to begin the rendition almost immediately after the speaker finishes the segment in the source language. The length of the segment makes it difficult to embrace very long elaborate descriptions, as the orator is encouraged to stop for the interpretation after one or two sentences.  The interpreters who advocate for the short consecutive rendition argue that it is more accurate and detail-oriented as the interpreter can easily recall everything the witness stated, and it offers a more dynamic exchange and rhythm between witness and interpreter, which is often needed when witnesses are nervous, intimidated by the process, reluctant to testify, or not very sophisticated. It is true that, for many reasons, some court interpreters believe that they cannot render a long consecutive interpretation (lack of proper training, note-taking skills, practice, etc.)

In general, not speaking of court interpreting, I personally like the long consecutive mode better because it lets the speaker stitch together his thoughts and ideas, and it allows me, as the interpreter, to understand the message better. This results on a better rendition.

However, to determine what is more appropriate for a testimony during a court proceeding, first we need to answer the most fundamental question: Why is it necessary to interpret what was said at the witness stand?

Unlike interpreting the entire court proceedings for the foreign-language speaking parties (plaintiff, defendant, victim) interpreting the testimony of a witness who does not know, or is not fluent, in the language used in court is not done for the benefit of said individuals, after all, they speak the same language as the witness; it is done for the attorneys, and more importantly: for the judge and jury so they can properly evaluate the witness’ testimony and determine if they will believe all, part, or nothing of what the person said. Because the judge and juror do not speak the foreign language, they could not evaluate the credibility of the witness without the interpretation. You see, interpreting for the witness, is an essential part of the process of reaching a decision about the facts of a case.

But understanding the statement of a witness through an interpreter is not enough. In order to assess credibility, judges and jurors must look for, and consider, other clues such as body language, facial expressions, utterances, reactions to a question, demeanor, and others.  Sometimes a witness may be saying one thing with his words and a very different thing with all these other clues.

Therefore, judges and jurors must be given a chance to perceive and link all of these clues in real time. A short consecutive will allow them to consider all of these elements as closely to the verbal answer as possible. A long consecutive removes the jury from the moment when the words were said by the witness, making it more difficult to associate all clues and reach a reliable conclusion. Long consecutive will showcase the interpreter’s skills, but will foster distraction as it is difficult for a juror to follow a speech that he does not understand for several minutes. This happened in the defunct League of Nations, a precursor of the United Nations Organization born after World War I. The delegates to the League would speak in their native language and then the entire speech would be consecutively interpreted into a second language, and then into a third language, and so on. Because these delegates did not understand the original speeches, or their consecutive interpretation into other foreign languages, they could not pay attention to the speech itself, and in many cases would leave the session because they knew that the interpretations would also take a long time. Eventually, when the United Nations were founded, this consecutive interpreting practice was eliminated and replaced with the new, technologically more advanced simultaneous interpretation.

It is also true that court interpreters must interpret everything a witness says: false starts, stutter, utterances that may not be a word, redundancies, repetitions, and so on. Remember, the jurors and judges are assessing the credibility of the witness and all of these elements are very important during that process.

When the rendition comes right after the witness’ answer, there is no doubt that judges and jurors will be able to link one of these renditions to the original speech and to the body language.  It is also more likely that the interpreter will remember all of these circumstances better when he just heard them a few seconds ago. It is widely held that short consecutive is more precise than a long rendition, and in these circumstances it is more evident.  Also, a short consecutive will allow the attorneys and judges to direct the witness to answer a question or to object to an answer more efficiently.  It makes it possible for an interpreter to clarify a term or expression with the person speaking from the witness stand.

In my opinion, even though I like long consecutive better, I believe that a short rendition is more appropriate for court.

We still need to determine how short that rendition needs to be.

There are two main tendencies when it comes to short consecutive court interpreting from the witness stand: Those who want an extremely short segment of just a sentence or a couple of phrases, and the interpreters that believe that consecutive interpreting in court should be short, but it also needs to make sense, fulfill its purpose.

During my years of practice in court I saw some interpreters who were busy stopping the witness every other sentence, according to them: for accuracy; according to me: because of mediocrity on the part of the interpreter. I do not believe that you can argue accuracy when faced with a rendition that goes like this:

“…can you please…” stop. Interpretation follows.

“…tell us your name for the record…” stop. Interpretation follows.

Extremely short segments risk the possibility of producing a testimony that nobody can understand, and cutting the witness’ train of thought, resulting in unintended omissions by a witness who can never get to the point of concentration, and that could be very serious.

Short consecutive in court must be long and flexible enough, for a witness to tell part of his story in a coherent, logical fashion where he feels free to finish an idea before having to stop for the interpretation. Sometimes, this can be achieved with a ten second segment, but sometimes the witness may need three or four minutes to share the facts of the case in a way that is clear, complete, detailed, and gives the judge and jurors the necessary tools to evaluate the credibility of that witness.

It is also important to mention that the court interpreter should always allow the witnesses to finish his statement (unless the judge orders him not to). Because of this complex interpretation, that is almost like a dance between witness and interpreter, a good interpreter must talk to the witness ahead of time, explain what is needed to have a good accurate rendition, and in my opinion, the interpreter must be in the proximity of the witness (being careful not to obstruct the view of judge and jurors) so that clarifications, repetitions, and hints as to stop at the end of a segment (maybe through eye contact, a hand signal, or other) can be done without disrupting that rhythm. This is, in my opinion, the main reason why we have not seen the proliferation of two-way simultaneous interpretation from the witness stand. The interpreter needs to be with the witness, not in the booth or somewhere else.

You see, court interpreting is sui generis; it often breaks the rules of other more conventional types of interpreting. It is not just about the message, it is about the credibility of the individual delivering the message, and for that reason, the obvious, the redundant, and the obscene have to be interpreted from the witness stand. I now ask you to share with us your comments about consecutive court interpreting from the witness stand.

A lesson to all interpreters.

October 12, 2015 § 9 Comments

Dear Colleagues,

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Questions of a court interpreting student. Part 1.

May 20, 2014 § 1 Comment

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 finishes 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. Because her questions were very good, 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, and after she said yes, 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. This is part 1; part 2 will be posted in two weeks. I now invite you to read the first half of my answers to her questions.

  •  How useful is it to have experience as a conference interpreter if you want to become a court interpreter? Isn’t it more advantageous to have a community interpreting background? Please mention the advantages and disadvantages or each.

All interpreting experience is useful to become a court interpreter, just like to become an interpreter in any other specialty; Specifically, having experience as conference interpreter helps you as a court interpreter because it teaches you how to get ready for an assignment: how to research, develop glossaries, study the subject matter, and organize your time. It also gives you the advantage of a broader vocabulary. Community interpreting helps the new court interpreter to get used to work under less-than-ideal conditions such as noise, bad acoustics and speakers who use a lower register. With that said, new court interpreters have to be careful as these other disciplines can also hurt the rendition if the interpreter is careless. Conference interpreters do not interpret the obvious or the repetitious; they also leave out utterances and noises by the speaker. They strive to deliver an understandable rendition at a pleasant pace and tone. Court interpreters must interpret everything, and in order to do this, it is often required to go at a considerably faster pace than a conference interpreter. Community interpreters tend to help the speaker in order to achieve better communication between the parties. Court interpreters cannot do this; they must limit their work to the interpretation of what has been said by the speaker without any help from the interpreter. Of course, these differences stem from the basic principle that unlike conference and community interpreting where the main goal is to achieve communication and understanding between two parties who do not share a common language, court interpreting main goal is also to assess the credibility of the foreign language speaker in order to assign legal responsibility for a certain action or omission.

  •  Precision versus Style. Which criteria should we follow when working in court?

Court interpreting is a unique discipline because it requires that the rendition by the interpreter include everything accurately. This does not mean that the court interpreter has to interpret word by word. That would be nonsensical in another language. He requirement is that no concept, no element, no piece of information can be excluded from the rendition. Accuracy is essential to court interpreting. When an interpreter working in a non-legal environment omits some information this can be corrected in different ways: through an explanation by the interpreter himself during a “silent moment” as soon as the opportunity arises; by a reference to the event’s program, and even with a public announcement during or after the session. Because court interpretation is done for the benefit of those judging a case: judge and jury, the interpreter must give them all the elements, all the evidence, all the information presented during the hearing. Another recipient of the court interpreter’s rendition is the defendant who has the constitutional right to actively participate in his/her defense. For these reasons the rendition must be accurate and complete. Court interpreting separates itself from other genres of interpretation when it includes style as part of that precision. In court interpreting style is understood as the way a statement is delivered by the speaker; it includes register and emotions. Therefore, as part of this complete and accurate rendition, an interpreter must select and use a manner of speech, vocabulary, and delivery style that matches that of the foreign language speaker. On a given day, the same interpreter will interpret for a gang member, a scientist, and an attorney; all three will use different terminology and vocabulary, they will all have a different delivery, and they will speak a language correlated to their level of education and personal background. Without turning the rendition into a mockery of the orator, the interpreter must convey the entire message, not just the spoken words, but also the way they are spoken. As we can see then, precision and style are paramount in court interpreting, but they are both understood and observed under the professional duty to produce a complete and accurate rendition.

  •  What would you recommend to those of us who don’t live in the United States and want to acquire a wide range of language terms that may be presented in courts, from specialized legal and technical terminology to street slang?

The first thing a person who lives abroad needs to do is to determine where she wants to work as a court interpreter, if you plan to work within your own country’s legal system then the focus of your content should be inside your country. On the other hand, if you plan to work in your country and in the United States, or if you want to take the federal court interpreter certification exam in the U.S. even if you are going to live somewhere else, then you have to manage two parallel tracks: For the United States legal terminology and slang you need to study. Read legal and paralegal books; I do not mean law school text books (although I do not discourage you from doing it if you want) study basic law like the one students of pre-law or paralegal studies use in the United States, read legal novels because they use enough legal terms to make it worth. Watch a few TV legal dramas, and watch and listen to plenty of real life court proceedings in the United States. You can watch True TV (formerly known as Court TV) and HLN (Headline News Network) from just about any country in the world. They carry real court hearings during the day. There are also several radio stations and online stations that broadcast the sound of court proceedings during the day. Many judiciaries at the state-level in the United States have transcripts and recordings (audio and video) available on their websites, and even the official website of the U.S. Supreme Court offers audio recordings that you can listen to. Of course I would also get a good legal dictionary like Black’s.

Within your country I would do the same; for Mexico specifically, I would watch the “Canal Judicial” go to the website of the Suprema Corte, and physically attend some trials and motions hearings at the courthouses that already hold oral proceedings (The State of Mexico is a possibility near Mexico City) I would also get a hold of a good legal dictionary like the Diccionario Jurídico de la UNAM.

Finally, for technical, scientific, and other terms I suggest you start your own library and study these topics first at the basic entry level, and then at a deeper stage depending on the assignments you get. There are dictionaries for slang and regional expressions in both English and Spanish, and there are novels, movies, TV shows and even soaps (narconovelas) that can help you enhance your word bank.

  • As translation/interpretation students attending college outside the United States can we be considered as full-time students for joining organizations such as NAJIT and paying student fees?

All professional organizations have their own rules and criteria for admission. Most of them include as one of their goals the fostering of new professionals and to do so they offer special status or benefits to those who at the time are not able to generate an income because of their studies. Specifically, the National Association of Judiciary Interpreters and Translators in the United States (NAJIT) has five membership categories: active, associate, organizational, corporate, and student. Their website indicates that a student member shall be any person engaged in full-time studies as defined by the Membership Committee. I do not know what the Committee’s definition is, but it seems to me that a full-time student of interpretation is the same anywhere in the world and therefore, perhaps on a case-by-case basis, the organization should be able to confirm what I just said. After all, the rationale behind having lower membership fees for the students is that they cannot afford the higher fee because they are studying all the time and therefore they are not making any money, and if like I mentioned, one of the objectives of a professional organization is the advancement of the newcomers to the profession, it should always include the fostering of new interpreters and translators. I suggest you contact the organization directly and express these factors that I brought up in this paragraph.

  •  In my opinion, being a court interpreter may be somehow dangerous because you could have access to confidential information and you deal with people convicted or at least charged with a crime. Are there any protection programs, like the witness protection program, available for interpreters?

It is true that court interpreters are privy to confidential information. It is true that they are subject to ethical and professional rules of confidentiality, and it is also true that when working for an attorney, they are covered by the client-attorney privilege. This means that while there is a lot of pressure for a court interpreter to divulge confidential or even privileged information, there are plenty of legal protections that make it easier for the interpreter to refuse to share this data. It is also true that most court interpreters could end up interpreting for a convicted felon: murderers, rapists, drug traffickers, gang members, and child molesters are some of the court interpreter clients, and there is a certain risk that goes with the profession; even civil cases and in particular family court cases can be dangerous; however, there are plenty of protections such as the security at the courthouses and detention centers, the marshals and deputies in the courtrooms, and the interpreter’s own common sense. The court interpreter is trained to deal with these individuals; they are taught not to socialize with the defendants, they are instructed to follow all directions by the detention center guards, and many other patterns of conduct. I personally make sure I remove any type of ID before interacting with a criminal defendant or their family members so they never know my full name, where I work or live, and any other personal information that badges or identification cards contain. It is dangerous but at least in the United States it does not get to the point of requiring a protection program. In the case of Mexico, the final legislation that will address court interpreting in detail is still pending, and some of the issues that are presently being considered are precisely those related to the identity and safety of the interpreters and translators.

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 first five 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. Finally, I remind you that the rest of my student questions will be answered on part 2 of this posting two weeks from today.

Can the interpreter’s simultaneous rendition be distracting?

April 11, 2014 § 11 Comments

Dear colleagues:

I have been very fortunate in my career. I have worked with some of the very best in the profession, and yes, sometimes I have worked with some colleagues, thankfully very few, who would fall short from that rating. As many of you know, I have worked all over the world and I have worked conference, diplomatic, court, and escort interpreting for many years. During those years I have observed and learned many things from this spectacular interpreters and I have also seen so many different styles.

One of the things that many colleagues do when simultaneously interpreting is that they close their eyes and gesticulate a lot. They use their hands to express what they are saying and to understand the concepts they are absorbing from the speaker. This works fine for them. Their renditions are impeccable. After years of working in a booth next to some of them I have become used to their style. I interpret differently. I do not use my hands or head to express what I am saying. I just sit there without any gesticulation. This works for me just as well as the opposite works for many great colleagues. I have no problem with either style when you are working in the booth and you are out of sight; in fact, I applaud those who have found this to be a tool to improve their interpreting skills. The important thing is to provide a good service and bridge the communication gap between the speaker and his audience.

Unfortunately, I am not so convinced that this effusive style is as effective in court as it is in the booth. Interpreters who work in the courtroom are not shield by the booth. Even if they work with equipment they are not out of sight. The equipment is usually of the portable kind, and even though many courts use wireless transmitters and receivers, the interpreter sits at the table next to the defendant or somewhere else in the courtroom in plain view of all participants: judge, jury, attorneys, witnesses, and defendant.

As part of their work, court interpreters can interpret difficult complex concepts and very detailed information. One of the reasons to have a court hearing is to assess the credibility of witnesses and litigants. The jury’s attention has to be focused on those testifying or arguing the law. The non-English speaker needs to understand what is going on in the courtroom and for that he often has to concentrate. Because of some of my professional interests, I often attend court hearings in different parts of the world and as an observer who is not involved in the process, I have noticed that gesticulating interpreters can be distracting. I have noticed how members of the jury are sometimes more interested and amused by the interpreters hand movements than by the witness’ testimony. I have seen how defendants pay more attention to what the interpreter does than to what the interpreter says. I do not think this is appropriate. I believe that the interpreter who is working in the courtroom has to be aware of the fact that he cannot be the center of attention; that unlike conference interpreters, court interpreters are visible to all. I understand that this may be their natural way to communicate, that they may need to do this to understand the message they are about to interpret. Unfortunately, I do not think that most jurors, attorneys, and litigants can just ignore their gesticulation and focus on the testimony. I think court interpreters should learn to control these movements and concentrate on accurate interpreting while being inconspicuous.

I find this to be a fascinating, delicate, and frankly touchy subject that is not easy to discuss with our colleagues. For a long time I hesitated to write this blog, but I finally did it because I want to hear what you all have to say about it. I ask you to please avoid personal attacks and comments about how gesticulating helps the interpreter. Instead, I invite you to share with the rest of us your thoughts on this issue: Is this interpreting style distracting to those participating in a court procedure?

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