June 4, 2018 § 8 Comments
I get goosebumps every time I hear freelance interpreters talk about their “boss”. I am constantly surprised at the huge number of independent contractor colleagues who refer to the authorities at the agencies, hospitals and courthouses they provide interpreter services for as their bosses.
This is an abomination when used to describe the other party to a professional services contractual relationship, now exacerbated by the very dangerous ruling by the United States National Labor Relations Board (NLRB) in SOSi where it ordered this interpreting agency to reclassify its interpreters working as independent contractors as employees. SOSi is appealing the decision, and we will discuss it in depth on a future post.
Our concern today is the conscious or subconscious lack of understanding of the professional services relationship derived from a contract where an independent interpreter is the service provider.
Freelance interpreters are independent professionals who provide their services for a fee. The terms of such services and fees are agreed upon by the interpreter providing the service and the individual or corporation recipient of the interpreting services in a contract. The parties to this contract are: The professional (who provides the interpretation, in other words, the interpreter) and the recipient of the professional service, called the client.
Yes, dear friends and colleagues, as freelance professional interpreters we provide our services to a counterpart called the client. Our main contractual duty is to render the interpreting services as agreed with the client, and the client’s main obligation is to pay the agreed fee in exchange for those services. The contract is called: Professional services contract.
Freelance interpreters are independent professionals free to choose the clients they want, under the terms they see fit, and for the service they picked. There is no authority figure over the freelance interpreter. All duties, responsibilities and obligations are contained in a voluntary contract (oral or written), a professional code of ethics, and the legislation governing the profession in a particular jurisdiction. Client and interpreter are equals. There is no boss.
Bosses exist in labor relations where a part: the employee, is in a subordinate position to the other: the employer or boss, who gives directions, orders, and instructions to the subordinate who must comply with these commands during working hours, in exchange for a fixed wage. Employer and employee are not equals in this relationship. An employee cannot choose what she does. If she does not comply she will be sanctioned and even fired.
Webster states that: a client is “… a person who engages the professional advice or services of another…” Oxford tells us that a client is “…a person or organization using the services of a lawyer or other professional person or company…”
Interpreting is a profession. Interpreters perform a professional service. Interpreters, like all professional service providers, have clients.
Here we see then that we must not call a client a boss because it is inaccurate, and it immediately puts the interpreter at a disadvantage. Calling your client “boss” creates a subservient relationship in your mind that will quickly translate into an attitude and lifestyle. It paralyzes the interpreter as she or he will no longer feel capable or worthy of arguing work conditions, professional fees, or assignments.
For those of you who see judges, doctors, court and hospital administrators, and language service agencies: Eliminate that thought. It is wrong. They are your clients, and you can negotiate and refuse assignments when you consider it appropriate. Your duties and responsibilities to do a professional top-notch job come from the contract, the legislation, and from your professionalism. You do a good job because you are a professional who wants to provide a good service because you want to keep the client, or you just want to do the right thing. You don’t do it because you have somebody breathing on your neck looking over your shoulder micromanaging everything you do. You do not need someone telling you how to dress for an assignment, or reminding you to get there on time. However, as long as you see the client as your boss, they will act as your employer.
Professional interpreters have clients and charge professional fees. They do not charge rates. A commercial product vendor or a non-professional service supplier do not have clients. They have customers. A customer buys goods or non-professional services from a business. Webster defines them as: “…one that purchases a commodity or service…” Oxford gives more details when it tells us that a customer is “…a person who buys goods or services from a shop or business…” Unlike professionals, these merchants get a rate or a price in exchange for the goods or non-professional services purchased.
Physicians and dentists are professional service providers, so they technically have clients, but for historical reasons, and due to the nature of their services, these service recipients are called patients. According to the American Medical Association’s Code of Ethics (AMA), physicians must be “…dedicated to providing competent medical care, with compassion and respect for human dignity and right.” It also considers that people with an illness must wait to see a doctor or to be treated, and that requires patience. Webster indicates that a patient is “…an individual awaiting or under medical care and treatment…” To Oxford it is “…a person receiving or registered to receive medical treatment…”
I have observed how many freelance interpreters have a hard time separating their client from others who may participate in the process like vendors and providers. The convention center or hotel events center are not the interpreter clients, they are vendors who provided the facility so there can be a conference. Unless the interpreter hired them directly, they have no contractual relation with the interpreter. They are the interpreters’ clients’ problem. The same can be said for the technical support: booths, interpreting equipment, sound system, etc. Unless they were hired directly by the interpreters, these are also suppliers who have a contract with the interpreters’ client, not with the interpreters. They are not your problem either.
Another common mistake is to confuse the direct beneficiary of the interpretation with the interpreter’s client. Usually, they are not your client. The five hundred people in the auditorium listening to your rendition are the direct beneficiaries of your professional rendition. Without you they could not attend the event; however, they are not your clients. They are your client’s clients. As professionals we must accommodate all reasonable requests by the audience and the speakers, but they are not the ones paying your fee. They are paying your client because they are your client’s clients. For this reason if a person in the auditorium asks you to speak louder, you may consider the request, and even honor it when reasonable; but if somebody attending the conference asks you to take a recorder to the booth and record the rendition for him, you will decline, and direct him to your client (please read my blog post on what to do in this situation).
Dear friends and colleagues, as professional interpreters who provide our services as freelancers we have many clients we choose. We decide who we want as our client, and who we do not. We have the last word on whether we do an assignment, and when a professional relationship with a client must end. We set and negotiate the terms of our work, our pay, and out booth mates. Employees do not get to do this because they have a boss: the employer. We do not. We practice in a world where we are equals with our counterparts in a professional contractual relationship. We do a magnificent job, we accommodate all reasonable requests of our clients’ clients, and we cooperate and support other providers and suppliers such as facility workers and technical support staff, but we do it because we are professionals and we have made a business decision to keep the client we want to keep, not because we are told to do so. Please stop referring to your client as your “boss”, and the next time a project manager tells you what to wear to an assignment, to be on time; or the next time a hotel waiter tells you not to have a cup of coffee, please stand up for your dignity and that of the profession. I now invite you to share your thoughts on this issue.
May 28, 2018 § 4 Comments
On the last Monday of May we observe Memorial Day all over the United States. Many friends and colleagues have asked me who do we honor and why. Others confuse Memorial Day with Veterans Day. Memorial Day is a federal holiday for remembering the people who died while serving in the country’s armed forces. It also marks the start of the unofficial summer vacation season throughout the nation. Memorial Day is a day of remembering the men and women who died while serving, while Veterans Day celebrates the service of all U.S. military veterans.
On Memorial Day, the flag is raised briskly to the top of the staff and then solemnly lowered to the half-staff position, where it remains only until noon. It is then raised to full-staff for the remainder of the day. The half-staff position remembers the more than one million men and women who gave their lives in service of their country. At noon, their memory is raised by the living, who resolve not to let their sacrifice be in vain, but to rise up in their stead and continue the fight for liberty and justice for all.
Now that we clarified what Memorial Day is, let’s talk about the armed forces of the United States. There are five branches of American armed forces: the Army, Marine Corps, Navy, Air Force, and Coast Guard. The President of the United States is the Commander in Chief.
The United States Army is the largest branch of the armed forces and performs land-based military operations. With the other four branches of the armed forces, plus the Public Health Service Commissioned Corps, and the National Oceanic and Atmospheric Administration Commissioned Officer Corps, is one of the seven uniformed services of the United States.
The United States Marine Corps is a branch of the armed forces responsible for providing power projection using the mobility of the Navy, to deliver rapidly, combined-arms task forces on land, at sea, and in the air.
The United States Navy is the naval warfare service branch of the American armed forces. It is the largest Navy in the world, with the world’s largest aircraft carrier fleet.
The United States Air Force is the aerial warfare service branch of the armed forces, and it is the largest and most technologically-advanced air force in the world.
The United States Coast Guard is a maritime, military, multi-mission service unique among the U.S. military branches for having a maritime law enforcement mission (with jurisdiction in both domestic and international waters) and a federal regulatory agency mission as part of its mission set. It operates under the U.S. Department of Homeland Security during peacetime, and can be transferred to the U.S. Department of the Navy by the president of the United States at any time, or by the U.S. Congress during times of war.
To complete this brief description of the United States armed forces, I would like to explain the Joint Chiefs of Staff.
The Joint Chiefs of Staff is a body of senior uniformed leaders in the United States Department of Defense who advise the president, the secretary of Defense, the Homeland Security Council, and the National Security Council on military matters. The composition of the Joint Chiefs of Staff is defined by statute and comprises the Chairman of the Joint Chiefs of Staff, the Vice Chairman, the Military Service Chiefs from the Army, Marine Corps, Navy, and Air Force; and the Chief of the National Guard Bureau, all appointed by the President following Senate confirmation. The Chairman of the Joint Chiefs of Staff is, by U.S. law, the highest-ranking and senior-most military officer in the United States armed forces and is the principal military advisor to the president, National Security Council, Homeland Security Council, and secretary of Defense. Even though the Chairman of the Joint Chiefs of Staff outranks all other commissioned officers, he is prohibited by law from having operational command authority over the armed forces; however, the Chairman assists the President and the Secretary of Defense in exercising their command functions.
I hope you find this information useful and I hope that it may come in handy when interpreting national defense or military issues involving the United States. I now invite you to add any additional information you may consider useful and relevant to our practice as professional interpreters.
May 21, 2018 § 16 Comments
With all the noise and frustration surrounding the oral federal court interpreter examination fiasco, we have overlooked a group of colleagues left out in the cold with no updates and plenty of confusion: The candidates studying to take the written federal court interpreter certification exam scheduled for the summer or 2018. The Administrative Office of the United States Courts (AO) has been silent for many months and interpreters are concerned, puzzled, and they do not know what to do.
The AO’s official website redirects you to Paradigm’s webpage which shows this message: “Written examination registration dates will be announced in the spring of 2018, test locations will be announced at that time.”
This message has remained intact for months; no updates, no explanations, no changes.
In the weeks since my last widely read post on the oral exam, and despite all the comments by those who took the test in 2017, many federally certified court interpreters, and colleagues in general, raising serious concerns everywhere in social media about the judgment of those AO officials who hired Paradigm, and the lack of transparency and accountability after the administration of the test, the authorities who oversee the administration of the exam have done nothing to keep those who plan to take the written test during the summer of 2018 informed.
Apparently, silence continues to be the only policy coming from the federal judiciary. Our colleagues who plan to take the written exam do not know what to do. They do not even know if they should stop studying. Because from the lack of information they cannot even tell if there will be a written exam this year.
We do not even know for sure if the AO has severed its ties with Paradigm. There has been no official notice, and their own website continues to redirect all users who want information on the written exam to Paradigm’s website which shows outdated information where it claims that registration dates “…will be announced in the spring of 2018…” If this information is valid as of today, they better hurry up and publish the information before spring is no more.
I cannot help it but feel sorry for those whose lives have been on hold for several weeks while they wait to find out the exam dates and locations in order to make personal and professional arrangements to travel to the test sites.
If the exam has been postponed until further notice, please tell the interpreting community; if Paradigm is no longer the contractor for the written exam, please tell the interpreter community; if no details can be shared at this time because of pending litigation, please tell the interpreter community; If the negligent administration of the oral exam in 2017, and the decision to retest so many people will push the written exam into 2019, and if this will disrupt the regular 2-year cycles of both oral and written exams, please tell the interpreter community.
This will make you look better and it will be a way to begin the road to recover credibility and trust. Remember, it is about transparency and accountability. Those at the AO must never forget they are the government. Those with the misfortune to take the oral test last year, and the ones suffering the uncertainty of the written test right now are the taxpayers.
We cannot lose sight of this unquestionable reality; dear friends and colleagues, we are protecting the profession, but we are also exercising our rights. To the handful of colleagues who feel intimidated by those who argue that the certification is not an entitlement and try to mask ineptitude and negligence when hiring Paradigm as a “technical difficulty”: Perhaps when you work within the government system for a long time you think that the federal government is some kind of a magnanimous god who favors court interpreters, also U.S. citizens, by granting them a certification. Do not be distracted by comments like the ones above. The real issue is transparency and accountability. The AO should come clean and explain why they hired Paradigm, admit fault, apologize, and communicate the way they plan to remedy this chaos, not only by telling those who took the exam they will now have a chance to retest. They must talk to those who want to take the written exam, and to the professional community.
Threats about pulling the exam are awful, distasteful, and baseless. The government cannot force the professional community into silence by threatening cancellation of the Spanish federal court interpreter certification program. They have not, and will not. These comments never came from an official source and should confuse no one. Navajo and Haitian-Creole certification programs were scratched because of docket and financial reasons. Spanish is used in all U.S. courts more than all other foreign languages combined. There is no rational justification to do something like that, so please ignore these rumors.
It is also important to remember that almost nobody who takes the federal court interpreter exam wants a guarantee to work in court. Sometimes staff court interpreters must be reminded that a federal certification is a means to prove skill and knowledge to many clients. The majority of the high-income earner interpreters I know make the bulk of their fees outside of court and work with a district court, making far less money, when they have no other assignment, or for personal reasons. A candidate who pays a fee to take a test has a right to demand performance in exchange for the fee. It is a service based on contractual obligations.
It is also of concern that people who are involved with voicing NAJIT’s policy or opinions have stated that this association with many members who took the oral test, who are waiting to take the written test, and who are voicing their anger with the way the AO has performed during this crisis, can claim that the Association has “no dog in that fight”. To be fair, this unfortunate comment came not from NAJIT’s Board and it has not been endorsed by the Association either.
Dear friends and colleagues, those of us who did not take the exam because we are already certified, or because our working languages do not include Spanish, or even those who practice our profession in other fields with nothing to do with the court system have a duty to defend and protect the profession, and a right to support our colleagues who were, and continue to be, affected by this negligent and careless actions. Resorting to smoke and mirrors like injecting Seltzer v. Foley is just a diversion tactic that will not work. That case questioned the rating criteria of the written exam; here the question is the ineptitude and negligence of those who hired Paradigm as the contractor in charge of administering the test, and the actions taken after the fact. Nobody has questioned the validity of the exam, nor the integrity of the raters. I have even said that I do not believe there was bad faith or the deliberate intent to cause harm by AO officials. All we are arguing is apparent negligence and ineptitude, and for that we are demanding transparency and accountability.
Implying that I have questioned the validity of the exam or the integrity of the raters only shows those who claim such things, and argue that people are angry because they did not pass the exam (even though no test results were out when these claims circulated in social media) have spread rumors without reading my posts.
Just like in other cases before: accreditation vs. certification of healthcare interpreters, exploitation of immigration court interpreters by a new language contractor, the court interpreter fiasco in the United Kingdom, the contractual and managing problems of the court interpreter program in New Mexico, abandoning the interpreters in conflict zones by Western Nations, the exploitation of telephonic interpreters by unscrupulous VRI service providers, and many others, I have no vested personal interest in these cases; it is nothing personal against government officials, language services agency owners, or professional associations; I just stand up, and will continue to stand up for the profession. I now ask you to share your comments on the written federal court interpreter exam of 2018. Please remember, personal attacks, disqualifications, foul language and surrogate defense of Paradigm, NAJIT, or the AO will not be posted.
May 14, 2018 § 6 Comments
Globalization has created a world market where we all compete, regardless of our location. Although this has raised professional fees for some colleagues in places with small economies, it has hurt most interpreters to a different degree, depending on whether they stuck to their local economy and clients, or they went to the international market and taking advantage of new technology acquired clients they would have never even considered before globalization. In a market like the United States, with very high speed internet, thousands of airports and flights to every corner of the planet, and a very reliable infrastructure, many of us felt no downturn in our business; in fact, we benefited from the change.
Unfortunately, and without getting into politics, some recent U.S. government decisions, and later changes to the way we did business and conducted our international relations, have created a state of uncertainty, and sometimes resentment, which have affected our profession.
Some of the conferences and international events we had interpreted for many years have been cancelled; others have been moved to other countries due to the uncertainty on the admission of visitors to the United States, as the organizers avoided the risk of investing on a project that a significant segment of attendees could not attend because of their country of origin. For the same reason, many international programs at universities, non-for-profit organizations, and government agencies have been considerably downsized or postponed. The situation for community interpreters is not any better, because less foreigners in the country means less litigation and less foreign investment, which impacts court and legal interpreters; and when foreigners visit the United States less frequently, they use hospital and medical services at a lower rate. This hurts healthcare interpreters.
Faced with this reality, it was time for me to decide how I was to continue to enjoy the same income level despite the new reality we are living; and turn this poison into medicine and even generate more income than before.
Many freelancers get scared when they find themselves in this position, and their first impulse is to lower their fees to keep the clients they have, and to advertise their services at a lower fee than before. They operate under the false idea that money is the main motivator in a client decision making process.
Fortunately, my professional experience has showed me that quality trumps price in everything a client values. That is why people spend more money on a better doctor, a safer airline, and a renowned university. All have cheaper alternatives, but with the things people value the most, there is always a thought that crosses their mind: “It is more expensive but, if not for this, what is money for?” At that point I decided to raise my professional fees.
With this in mind, I carefully studied my client portfolio and classified my clients according to their business value, considering the income they produce me, how frequently they require of my services, the affinity of the type of work I do for them to my personal interests, and the prestige a certain client brings to you in the professional world. I considered a separate category for difficult clients, but to my surprise these were very few, and I needed them for my plan to work.
I immediately realized there were clients on that list I wanted to keep no matter what, and there were others that I would lose regardless of my best efforts. They were in a category where my work was not one of those services that they value the most.
I approached my clients according to how badly I wanted to keep them. If I really wanted them, I would explain this change in person when possible, or by phone or Skype if they were abroad or if their schedule could not fit me within a reasonable period of time. Next, I decided to contact the rest by e-mail on a carefully worded communication that was clear, not too long, and that ended with an open invitation to discuss this raise in more depth in person or by phone if they wanted to do so.
It would be a conciliatory email. No ultimatums, or “take it, or leave it” type of notice. I was out to make friends, not to fight with my clients. I knew that I had two things working in my favor: They already knew my work, and I already knew how they like their interpreting.
For my strategy to succeed, I needed to present my proposal to somebody with the authority to decide. Talking to somebody down the totem pole would be a waste of my time. I decided that I would only talk or write to owners of small companies or agencies, and to senior management in larger corporations, organizations, and government agencies. (There is a video on this subject on my YouTube Channel).
I drafted a talking points memo to be used with my “A” list clients when I told them I was raising my fees. The points I would make to the client had nothing to do with globalization, current American politics, or the uncertain future interpreters were facing in the United States. I recapped the successes we had in the past, and I listed some of the professional things I do for them that are not always found in other interpreting services, but I was not heavy about it. I figured that if they had agreed to talk in person or by phone, it was because they already considered me an asset to their company. It was all about the quality of my professional service and the time and effort I would devote to the success of their conferences, projects, and other events.
I lost some clients, none from the “A” list, all those who stayed with me are now happily paying the new higher fees as they are now getting a more personalized service, and because of this new practice, I have acquired new clients, who were in part, referred by my old clients who stayed with me despite the raise. We now have a better working relationship because they know more about what I do, and their internal decision making process to continue working with me made them realize my true value for their organization.
The lesson learned, dear friends and colleagues, is to face adversity with a cool mind, refuse to give in to fears and peer pressure, and with confidence and self-assurance face the problem and win. It is always better to make more money when appreciated, and an added benefit is that instead of contributing to an even bigger depression of our market, you will do your part to pull it out of the shadows of uncertainty. I now invite you to share with the rest of us what you are doing to win as a professional interpreter in this new reality of globalization and political uncertainty.
May 7, 2018 § 29 Comments
In the United States we have recently spent many hours debating and researching about the validity and credibility of interpreter certifications in the healthcare sector. We have argued back and forth about accreditation, certification, and professional practice because we care about the profession. The debate left us all with a better understanding of our certification programs and the validity of both.
For many years the gold-standard of interpreter certifications in the United States was undoubtedly the federal court Spanish interpreter certification exam. It was known for its difficulty and low passing rate when compared to all other court and healthcare interpreter certification tests. During all those years we never thought that one day we would be forced to question this “queen of all American court interpreter exams”. Fortunately, we are not doubting the content of the exam. This has not changed. The unfortunate people who took the exam in 2017 was administered the same exam all federally certified Spanish court interpreters had to pass. The administration of the test, and handling its consequences after the fact was the fiasco.
Dear friends and colleagues, certification exams are of extraordinary importance in the United States; they are more relevant in our culture and value system than in other countries. While other systems put their credibility on the academic achievements of the new professional, traditionally, the United States has emphasized practice over theory and formal education. Some of our greatest lawyers never attended Law School, because in the United States it is passing the Attorney Bar Exam that matters. There are plenty of countries where people cannot practice a profession, or sit for a Bar or Board exam unless they first graduate from college.
This situation is even more important for professional interpreters practicing in the United States where most of our colleagues have no formal education, but they have demonstrated, by passing the certification test, that they are ready to practice as professionals. In Europe a university degree is essential; in America a certification is vital.
From all certifications, the federal court interpreter certification has been used to measure the competency level and skills of court interpreters in the United States. It is even used (erroneously in my opinion) by small and mid-size interpreting agencies to pick the interpreters they will hire to work in the booth.
We are all aware of the Administrative Office of the United States Courts’ historical failure in 2017 when they could not guarantee the integrity of the process and created a huge mess that impacts many.
After a deafening silence that went on for many long months, and the letter sent out in February which make the situation even worse, the Administrative Office of the United States Courts’ (AOUSC) sent out a carefully crafted, self-serving letter to those who took the exam in 2017 where they try to appease the interpreters by carefully telling a story on the best possible light for the AOUSC and informing them that, after all these months, they are fair and just, and will give those candidates whose exams were compromised to where no score could be determined, and to those who will be told they failed, a chance to retake the exam for free.
I was saddened by the reaction of some, fortunately a minority, of colleagues who celebrated this communication and praised the AOUSC as had they done something wonderful and worthy of recognition. I do not know how many of you have seen last week’s letter. I did, and I am not impressed:
The first paragraph of the April 27 letter refers to the mistakes on the way the exam was administered as “irregularities” softening the tone and making it more palatable. Then, they portray themselves as the ones who investigated for months what happened to finally conclude there were “irregularities”.
Next, the letter states: “…Over the past several months, the AO has worked with a team of trained raters who reviewed all candidate performances and psychometricians who analyzed the rater materials and examination administration data…” but it does not explain who those “trained raters” and “psychometricians “were. I am not doubting their credentials, and I am not feeling confident with their review of this mess because I just do not know who they were. Are we talking about the same colleagues who rated the exams originally, and if so, how many, who, what additional training they had to take to assess these incomplete exams? Were there independent contractors free to disagree with the findings of the AO, or were these staff interpreters who could be very capable, but could also have a conflict of interest when evaluating something that could affect the reputation and legitimacy of their employer. The letter says nothing about it. It looks like a letter prepared by a legal team, not a friendly communication to a professional group that has suffered the consequences of this poorly-run program for many months.
The self-serving tone of the letter continues when they affirm that based on their (mysteriously obtained) findings, 69 percent of the exams were validly administered and accurately scored (we still do not know how they arrived to the conclusion), and 31 percent suffered “irregularities”. My friends, 69 percent is an awful record. This clearly proves the ineptitude within the AO.
The next paragraph shows us the magnanimous nature of the AO: “…Candidates whose scores cannot be validly determined will be given the opportunity to re-take the oral examination free of charge. Moreover, given the findings of the investigation, the AO will also offer anyone who does not receive a passing score the opportunity to retake the oral examination free of charge…” This clearly tells us that the exam was a terrible mess and basically anybody who wants it, will have a second chance, this time without paying for the test, which is not the same as free of charge as we will discuss below. Do we have to believe that it took all these months to arrive to this decision? This should have been announced right after the multiple mistakes were known, not until now, unless there were other legal considerations we are not been told about, like litigation with Paradigm for example.
The letter ends with a blank apology and a reassurance they will preserve the high standards and fairness of the administration of the exam. Did I miss something? There is no admission of wrongdoing anywhere (typical in all letters prepared by a legal department) and there is a self-serving assurance that everything will be fine because they will preserve high standards and fairness. I would think that when your credibility is already in negative numbers (below zero) you would make a statement you will bring back the high standards and fair administration process that distinguished the exam. Right now nothing is good to preserve. Of course, they cannot say anything like this without admitting fault.
Finally, the 8-page attachment is a pseudo-scientific document with no details that plays down the mistakes that can be directly attributed to the AO, and basically throws Paradigm under the bus. Again, there is talk of irregularities, but there is no data on the scoring units, the specific criteria used to assess the exams, or anything that can reassure us this was a scientific work.
It is incredible how the letter and its attachment avoid naming Paradigm and stay away from words such as fault, responsibility, and negligence. This is because those are legal terms and the AO is getting ready for litigation.
Even though the AO has shared nothing on their relationship with Paradigm, there are strong rumors in social media and federal courthouses’ hallways that the relationship has been terminated. This would explain the delay on the “findings” contained on the April 27 letter, as the federal judiciary gets ready to sue their contractor and Paradigm fights for payment of their fees and other contractual terms.
The 2017 federal court interpreter examination saga leaves the federal judiciary stained, the profession wounded, and court interpreters in the worst situation they have faced in history. Unfortunately, there are others who are affected even more and will not benefit from the “Magnanimous letter of April 27”. We can divide them in three categories:
First, those colleagues who studied hard and will get a letter telling them they passed the test. These individuals have been agonizing for 7 months without knowing if they would have to retest. Many have continued to study for the test. All have been deprived from their earnings as federally certified court interpreters for months. They will never get back these months of their lives, and they will never perceive the professional fees they should have earned as federally certified court interpreters working for court districts, assistant US attorney’s offices, public defender’s offices, and private attorneys that retain federally certified court interpreters for many services from jail visits, to depositions, to witness preparation, to federal civil litigation. They will never earn that income because of a government agency’s ineptitude and a bottom-feeder contractor’s gross negligence.
The second group includes those interpreters who took the test, and for no fault of their own, will now get the “magnanimous” opportunity to retest “free of charge”. The problem is, my friends and colleagues, there is not such a thing as a “free exam”. The “luckiest” of this crowd will be able to retake the test in their hometown without paying for it, but they must turn down other assignments to take the test. This means they will lose income and that makes the exam far from “free of charge”. Next, you have the unfortunate unlucky ones whose sin was to leave in a town where the exam will not be offered. We all know colleagues who drove overnight, got on a plane, got a passport and then got on a plane, and then checked into a hotel to take the test. Nobody will reimburse them for those expenses, and many must cough up the money once again if they want to take the exam. Even if they AO expands the locations where the test will be administered, it is doubtful this will include those of our colleagues who traveled from abroad to take the test. Plane tickets, hotel rooms, car rentals, gas money, tolls, and lost income will make the retake of the exam a burden to these colleagues. To them, this will not be a “free of charge” exam.
The last group, often forgotten during this fiasco of epic proportions, are the freelance federally certified court interpreters retained by Paradigm, with the blessing of the AO, to rate the original exams. These distinguished colleagues put first the profession and agreed to rate the exams, even if the pay is little for such hard work, they were asked to purchase their plane tickets, book their hotel rooms, and cover their daily expenses while this rating was happening, with the promise of reimbursement when their raters’ fee was paid. It is only now that some of the raters are getting paid; others have not seen a penny yet; and nobody has been reimbursed for travel expenses disbursed 7 or 8 months ago.
Last week, Paradigm sent a letter to the raters explaining why some had not yet been paid, arguing some bureaucratic step that the raters needed to comply with: Sending an email to the individual in charge of this fiasco at Paradigm informing him of this payment.
Regarding reimbursement of expenses, this letter, dated May 4 states: “…Payment for travel and hotel expenses will be released after Paradigm receives verification of your receipt of payment for Rater hours. Meals and incidental expenses will follow…” They are telling raters that they are not sending their checks quite yet.
Next, the letter includes a self-serving statement that should worry the raters: “…Paradigm is working to get Raters paid in-full within the next few weeks. This is contingent upon Raters providing confirmation of receipt of payments received and the AOC continuing to approve the invoiced items for payment…”
In other words, there is no hard date for these payments, and reimbursement is contingent to AOC’s approval. This would make me very nervous if there is litigation pending between the AO and Paradigm.
As you can see, the “magnanimous letter” is far from a happy ending to this fiasco. The future is uncertain. Nobody knows if the AO will ever share the real data behind what happened and a detailed scientific explanation of the exam assessment process, including those who did it.
The biggest problem and reason to be concerned is the lack of transparency. Interpreters must know who retained Paradigm to administer the test. How was the bidding process; who were the other bidders, how low was the winning bid; who decided in the AO that Paradigm was qualified to administer an exam like the federal court interpreter certification test for Spanish interpreters? Why the credentials of a testing entity like Paradigm, which mainly proctors high school tests to monolingual students were appropriate for this bilingual professional test? There was ineptitude and negligence during this decision making process, and there was gross incompetence when dealing with the aftermath.
Those responsible should pay the consequences. Only then trust will be restored and people will believe the AO once again. In sports, when a team is not performing the coach is fired.
It is doubtful that the AO will come clean and provide all these records to the public. They have no legal obligation to disclose everything, but their moral duty compels them to do so. Without good faith, trust will continue to erode, and interpreters will be left with fewer and more distasteful options such as a Freedom of Information Act Request (FOIA) to see how the process happened; even though the process would be lengthy and the information released will be tittle more than the documents they already published. Those with standing can also sue the AO, but they must do it quickly, since the Federal Tort Act gives only 2 years to do so, and the process must start through an administrative channel. Also, the result of this legal action, even if successful, is limited by legislation and case law.
Perhaps a better option would be to sue Paradigm, its employees, and the AO’s officers as individuals (which is permitted) for damages under the contributory negligence by all defendants’ theory. This way, interpreters would learn more about the steps that lead to this fiasco from the discovery that the parties would have to turn over to the plaintiff. Also, damages awarded can include punitive damages.
I could not end this post without mentioning how the candidates who took the test, the raters who have not been paid, and the court interpreter profession were abandoned by their professional organizations during this struggle. It is sad to see how the current Board of the National Association of Judiciary Interpreters and Translators (NAJIT) abandoned its members by sitting on their hands and remain silent. It was until May 2, after the “Magnanimous letter” was made public, that the Board issued a self-serving harmless statement indicating that they were “…very much aware of the issue surrounding the federal exam…” and how they “are continuing to monitor the events as they unfold in June…” In other words, the national association with the most members directly affected, issues a communication after the fact even more sanitized than the AO’s. The latter called the fiasco “irregularities”; NAJIT could not even say that and called it an “issue”. Without any investigation, they have concluded that in their “opinion” “the AO is acting in good faith in what is an unfortunate set of circumstances”. Again, this Board sided with the establishment instead of the profession and its own members. Nobody has suggested bad faith from anyone at the AO; the issue (correctly used in this context) is negligence. NAJIT is also telling those attending its annual conference that the AO will address court interpreters but not for a session “…geared toward the federal oral exam and its administration…” They want the AO there, but they will not pursue the federal exam fiasco as the topic to be discussed. That should not be because it could be uncomfortable to the AO, but because it will probably benefit the members more to talk about how many cases were interpreted last year, an interpreter directory, or other vital issues no doubt more important than the biggest stain in court interpreting history. We can only vote and hope to elect a NAJIT Board that will write position papers, hold round tables on the most pressing issues that impact the profession, as it had been the tradition before. It was just 2 years ago, under another Board, that we held a panel on immigration court interpreting that helped to change things to a better situation today. NAJIT is not a labor union and we do not expect it to act like one. We hope it goes back to its role representing the professional interests of its membership while defending the integrity of the profession.
It is time for all court interpreters to think and question those things that go wrong to change them. Treating interpreters as ignorant people, who should be grateful to the AO for letting everyone retest after 7 months of agony following a test that will go down in history as a monument to ineptitude and negligence, with no transparency and accountability is just unacceptable. I now invite you to comment, in the understanding that comments defending the AO or Paradigm will not be posted unless they come from an official source.