What ever happened to the written federal court interpreter exam?

May 21, 2018 § 16 Comments

Dear colleagues:

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own website continues to redirect all users who want information on the written exam to Paradigm’s website which shows outdated information where it claims that registration dates “…will be announced in the spring of 2018…” If this information is valid as of today, they better hurry up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.

Moving the profession backwards in these critical times.

February 8, 2016 § 11 Comments

Dear Colleagues:

I am not breaking any news when I tell you that our profession is under attack from many more fronts than ever before. We have the tremendous struggle that many of our American immigration court interpreters are battling with SOSi; we have the constant reduction of fees, reimbursements, and work opportunities by the court systems in several European countries and all over the Americas; let us not forget some ambitious entities who for no reason other than their own benefit,  have decided to create a hybrid aberration of a community, court, and healthcare interpreter by patching up together pieces of all three in a way that would make doctor Frankenstein proud; and of course, the so-called “interpreting agencies” who cloud their real mediocre services with smoke and mirrors of technology, while offering the rendition of the cheapest, desperate, bottom-feeder “interpreter” they could find.  We now have a newcomer to the pantheon of the interpreter profession serial killers: the government agencies who want to pay less and burden the professional even more with nonsense bureaucratic paperwork that only finds a reasonable justification to exist when viewed through the distorted mentality of a government official.

These are some of the many calamities that we have to face every day worldwide to protect, preserve, and advance our profession and its perception by the real world, despite of the constant efforts by the above mentioned entities to convince the public that we are not professionals, but mere laborers in an “industry” where we should be treated and paid as skilled labor, never as professionals.

It is in the middle of this environment that some colleagues, giving up the professional interpreter banner, or at best misunderstanding the true nature of what we do for living, and enveloped in the blanket of resignation and submission, have opted for listening to these groups above, not for beneficial purposes such as learning what they really want, where they plan to take us to as service providers, and what their weaknesses and needs are, so we have a way to negotiate with them, but to seek compliance and adhesion to their unilaterally created and developed policies, rules, and requirements, in order to please them and keep them happy, or at least not upset, and this way continue to be retained to provide services in exchange for mediocre to offensive fees and working conditions.

Dear friends and colleagues, some of our peers have misunderstood our role in the language services profession, and out of fear, ignorance, misguided good intentions, and yes, in some cases due to ulterior motives, have decided to accept these unilaterally imposed conditions and provide their services in a way that pleases their “client” turned master by the terms sometimes imposed on the interpreter, without questioning, disagreeing, or rejecting these pre-industrial revolution work conditions.

Professional service providers have organized in professional associations for a long time, so they can defend, preserve, and advance their profession without interference of exterior forces who, by the nature of their legitimate mission and purpose, have opposing and conflicting interests to the ones of the professionals. This is honorable, widely respected, universally expected, and practiced by all professions. Professional associations such as the American Bar Association, the American Medical Association, and many others worldwide, were born for these reasons.  They all have one goal: the best interest of the individual who is a member of the profession.

We as interpreters and translators have some organizations and associations that operate and exist for the same goals than the rest of the professional associations, but every day we see more and more cross-contamination and distortion of the true mission of a professional association when we witness how some of these professional associations are molded after the needs and desires of these other entities that have opposing or conflicting interests with us, just for political and financial reasons.

As a result, instead of having organizations that foster dialogue among interpreters to discuss how to negotiate with, and defend from government and other entities, as all professional associations should, there is now a division in one of the professional associations where, in the opinion of many of us,  government officials, including their staff interpreters and translators (regardless of their personal integrity as they participate as someone else’s agent) now have a forum to indoctrinate interpreters and translators on what they need to do in order to “please the government agency” and fulfill all “requirements” regardless of how bizarre they are; (and they are always one-sided in favor of the government) so the interpreter and translator, like a good soldier, or serf, accepts all conditions, including rock bottom fees, horrendous cancellation and travel policies, and non-sense procedural paperwork requirements, in exchange of the opportunity to be exploited by these agencies.

Some colleagues think that it is great to have these people in the same division with the interpreters and translators, as if we were a job agency, instead of doing what professional associations do: provide a platform for interpreters and translators to debate an issue among themselves BEFORE sitting across the table from the government agency, who is the counterpart of the interpreter and translator, as they have opposing interests. It is the equivalent of having the pharmaceutical companies and health insurance organizations as members of the American Medical Association.

It is true that not all government agencies exploit and humiliate the interpreter; some, regretfully very few and far in between, offer good working conditions and a decent fee at the high end of the spectrum for a government (in the understanding that they will never be able to pay at the same level as the private sector), but even these “good guys” should not be allowed to create their own forums where to influence interpreters and translators from inside the organization; there is a clear conflict of interests, unless the goal is to please the government, language agencies, etc. instead of looking after the interests of the profession and its professionals: the individual interpreters and translators.

Many of us are of the opinion that if you want to have communication and exchanges among interpreter and translator members of an association who primarily provide their services to a government entity, you should be able to do it, but never creating or facilitating a situation where the government agency, through its agents and representatives (even when these individuals are interpreters or translators) has an opportunity to participate, opine, and vote along with individual members. Their role is important, but it comes later in the process, once the members of the association have debated, analyzed and discussed the government agency’s policies, and are ready to negotiate, together or individually.

There is no reason why the government agents need to be present when a member is informing his peers of something that happened to him, or when strategy is being discussed. I invite you to share your comments on this topic, and when participating, please keep in mind that these entities have opposing interests to yours and mine. They answer to a superior within their organizational chart and they are legally and contractually obligated to defend their official position.

Atlanta hosts the largest gathering of U.S. court interpreters this weekend.

May 16, 2015 § 2 Comments

Dear colleagues:

This weekend many of the top-notch court interpreters in the United States will meet in Atlanta for the annual conference of the National Association of Judiciary Interpreters and Translators (NAJIT). For this reason, when I was asked by the Atlanta Association of Interpreters and Translators (AAIT) to write a piece for the special conference issue of their publication “Bridges”, I agreed to first publish it there, and post it here later on the day.

Professional conferences are vital to any activity and we are no exception. As you all know, these are the places where we solidify and improve our knowledge, advance our skills, and refresh our ethics. That in itself makes them invaluable, but NAJIT’s annual conference is much more than that.

Those attending the conference will be pleasantly surprised to learn that many of the living legends of court interpreting will be there, and that they will be joined by some local and brand new talent in our industry.  You see, the conference will welcome more than court interpreters and legal translators. Conference, medical, community, military, and other types of professional interpreters will be in Atlanta adding value to the event, sharing their knowledge and experience, and developing professional networks across disciplines and places of residence.

I invite you to approach old and new colleagues and have a dialogue with them. I believe that these conferences give us an opportunity to do all the academic things I mentioned above; but they also provide a forum for interpreters to discuss those issues that are threatening our profession. Atlanta is giving us a unique opportunity to talk about strategy on issues as important as the development of technologies and the efforts by some of the big agencies to keep these new resources to themselves and use them to take the market to lows that are totally unacceptable to professionals. We can openly talk about strategy to defend our fees, working conditions, and professionalism, while at the same time initiating a direct dialogue with the technology companies who are developing all the new software and hardware that will soon become the standard in our profession.

Finally, the conference will also help you to get more exposure to other interpreters, and will provide situations where we will have a great time and create long-lasting memories and new friendships across the country and beyond. I now ask you to share with the rest of us your motivation to attend this and other professional conferences. I hope to see you this weekend!

How to Defend Your Rendition and Professional Reputation as an Interpreter.

September 4, 2014 § 12 Comments

Dear colleagues:

Good professional interpreters are usually consumed with taking care of their clients, improving their skills, managing their agenda, and marketing to new clients. This takes a lot of time and energy, and it is essential to succeed as an interpreter. Unfortunately, sometimes during their career some interpreters may experience other aspects of the profession that are less pleasant, more time-consuming, and very stressful.

Our professional tools are our brain, mouth, and a language combination. We can make mistakes, we are susceptible to questioning and second-guessing by others, and in our litigious society we are exposed to lawsuits that can leave us with no career, no resources, and a tainted reputation.

There are many circumstances that can affect our career as professional interpreters, but at this time I would like to focus on two of them:

The first one occurs when our work is subject to criticism and questioning by our peers or by others. This often happens in a legal setting. All court interpreters have faced situations when in the middle of a court hearing a judge, attorney, witness, litigant, and even a juror, have interrupted our rendition to correct what we just said. Most of the time we were right and they were wrong. On occasion, because we are not machines, and because nobody can possibly know all regional expressions, these voices do us a favor as they correct our mistake and allow justice to be served. These are the scenarios we usually face when doing our job. It sounds simple and straight to the point: Either we are right and we say so in order to keep the process moving along, or we are wrong, and in that case we correct our error. The same facts are true in a healthcare or community interpreting setting; even at the negotiating table or in the booth during a conference we sometimes make mistakes out of exhaustion, due to bad acoustics, a speaker with a heavy accent, or because we misunderstood a word or term. This is why we have team interpreting, this is why good interpreting equipment, an appropriate conference room, and breaks or recesses are important.

Unfortunately in the real world we have to deal with attorneys who are not happy because their foreign language speaking client or witness is not saying what they wanted them to say in the trial, and with doctors and nurses who want to dodge the consequences of their negligence, and with the party that lost at the business negotiating table, or with the agency that tries to justify the disaster caused by its outdated broken-down interpreting equipment. The first thing they all do is to cast a doubt over the rendition of the interpreter. It is even worse when all of this happens and you know that those who are questioning your work are clearly wrong.

The second situation I want to bring to your attention is when the same individuals mentioned above, decide to go for the jugular and to put the blame on the interpreter’s rendition; so they take you to court. They argue inadequate interpretation and you are sued for damages. How can we defend our work when our rendition is questioned and we know we are right? What can we do to protect ourselves in case somebody takes us to court for damages? There are preventive measures that we can take as interpreters to diminish the possibility of having to defend our work, our assets, and our reputation.

There are also steps we must follow in case our professional work is questioned or attacked in court.

These complex issues have to be addressed, and as true professionals we must be prepared in case this happens to us. For this reason, I will present: How to Defend Our Rendition and Professional Reputation as an Interpreter” during Lenguando Londres in London on September 13, 2014 at 2:30 pm. I invite you to attend the event on the 13 and 14 of this month and see how you will be able to interact with some of the superstars of all language-related professions, and I encourage you to attend this presentation where we will discuss these sad but possible scenarios, we will explore the different preventive measures that we should always take in order to avoid an adverse outcome, and we will talk about the path to follow once our rendition or our skill has been formally questioned in a court of law. I hope to see you in London; but even if you are not attending, I ask you to share with the rest of us your experiences on having your rendition questioned, challenged, or having a lawsuit filed against you as an interpreter.

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