Lack of understanding, common sense = constitutional conflict in court?

November 12, 2018 § 1 Comment

Dear colleagues:

I recently learned that some federal district courts got involved in the way federal prosecutors pick their interpreters for hearings. I have practiced in federal court for many years, and the decision on who will interpret for the office of the United States Attorney has always been left to the prosecutors who know the case better than anybody else. This means they, and their prosecutorial team of paralegals, investigators, detectives, and law enforcement agents, know the language complexities of a particular case, and therefore, better equipped to decide who they need for that interpreting assignment.

I do not dispute that some districts, because of a lack of federally certified court interpreters, or out of plain ignorance, have never tried a case where the assistant U.S. attorneys (AUSA) have their own interpreters for a trial. Some districts are so small, the AUSA office does not even have a staff interpreter. Some districts are so remote, that even the court tries cases with unqualified court interpreters (usually certified or accredited at the state level) because it is next to impossible to get somebody to the courthouse. Evidentiary hearings and trials require that an interpreter be physically present at the hearing. Remote interpreting is not a viable option for these proceedings.

That some have always followed this practice does not make it right, and courts in districts in urban centers where federally certified court interpreters are available have no reason to inject themselves in what should be an internal process of the Department of Justice. Let me elaborate:

The American legal system, and all legitimate legal systems in the world, are based on an independent judiciary free to decide with no pressures or fear of retaliation. The United States Constitution recognizes and enshrines this principle through the separation of powers. The Executive Branch of the federal government originates from Article 2. The Judicial Branch stems from Article 3.

With administration of justice in a criminal case, all individuals in the United States have the rights and protections established by the Constitution and secondary legislation; mainly, the right to a public and fair trial by their peers, starting with a presumption of innocence, charging the Executive Branch of government, through the United States Department of Justice, with the burden of proof, beyond reasonable doubt, in an orderly regulated process, presided by and controlled by the Judicial Branch of government. To put it simply: Because the government cannot be judge and party, it is an agency from outside the Judicial Branch, in this case the Justice Department, who prosecutes the case on behalf of the U.S. government, including the citizens that the government must protect from the bad guys.

We can see that having the burden of proof is no small task. Federal prosecutors must investigate de facts, test and evaluate the evidence found, and prepare a case that will persuade the jury and judge of an individuals’ guilt beyond reasonable doubt. If successful, the Justice Department will meet its duty to protect society. This is no easy task; it also means that individuals will lose their assets, their freedom, and even their life.  A prosecutorial team must have the best team available to fulfill its function, and that is extremely difficult.

Federal prosecutors must call witnesses to testify in the trial. When these witnesses do not speak English, their testimony must be interpreted into English to benefit the defendant, the defense attorneys, the judge, and the jury. It is only then, after the rendition of the interpretation, that the defendant will have exercised his constitutional right to confront the witness or accuser. It only after the rendition that a judge or jury can assess the credibility of the witness. It is this time they will decide if they believe all, part, or nothing of the witness’ statement.

But most of the work is done before the witness steps in the courtroom and takes the stand. Prosecutors and their teams test, evaluate, and prepare their witnesses before a trial. Questions are asked many times, in many ways; adjustments are made. Not to influence testimony, but to present the truth clearly to the trier of fact (judge or jury). Usually the testimony of the witnesses for the prosecution is very complex, specialized, scientific. Dense concepts and sophisticated terminology must be interpreted into English during the trial; cultural concepts must be clarified before the final rendition (many expert witnesses come from abroad just for the trial); legal systems compared so the accurate term in the target language is rendered by the interpreter. Leaving loose ends is not an option: The prosecution must prove, and the standard could not be any higher: beyond reasonable doubt. Prosecutors and their teams, assisted by the interpreters, go over the testimony with every witness as many times as needed. These interpreters must research, study, practice, develop a common glossary for each testimony. The witness gets used to that team of interpreters and the interpreters get used to the witness.

The interpreters for the prosecution know the case, they are familiar with names, dates, places, and other key information that must be interpreted with accuracy. From gang slang, to amounts of drugs, to family relationships. It all needs to be well-understood so the interpretation heard in trial is accurate, pristine, and truthful.

Confidentiality is essential to our justice system. It lets the parties tell the truth to their attorneys so they can represent, in a criminal case, a defendant or society with full knowledge of the facts. Confidentiality is also very important when it comes to the lawyers’ strategy. Prosecutors and defense attorneys develop a strategy to win a case. The interpreters for the prosecution know the strategy and facts, and they are covered by the veil of secrecy. Using a court appointed interpreter to interpret for the prosecution generates a conflict of interest. You cannot be judge and party simultaneously. Even the most professional, trustworthy interpreters should never be placed in such situation. The sole appearance of conflict is enough to cast a shadow on the proceedings. Client-attorney privilege only exists when there is an expectation of privacy. How could this be argued when the same interpreter hears all confidential details?

The independence of the prosecutorial interpreters is so important, that even their payment differs from that court appointed, public defender, and Criminal Justice Act (CJA) attorney interpreters receive.  I am not referring to staff interpreters, I am talking about independent contractors retained to work in a case. While interpreters for the court, public defender, and CJA attorneys are paid through the judicial system (Judicial Branch of government) interpreters for the prosecution are paid by the United States Department of Justice (Executive Branch). The funds come from different budgets to assure independence, absence of conflict of interests, and separation of powers. The Office of the United States Attorney pays better that the courts, and unlike the latter, fees are negotiable between the parties (interpreters and AUSAs). This can also be relevant if you think that most more experienced, better trained interpreters would rather work for the prosecution, leaving a smaller pool of top-level interpreters to work for the courts, and increasing the risk of an inaccurate rendition of a prosecutorial witness’ complex testimony during the trial.

The widely, and constitutionally backed, practice of having a separate interpreter team for the prosecution in federal cases must continue as long as we have separation of powers, and a system where one party has the burden of proof. There is no rational justification for this practice by the executive branch of government, to be changed by court staff, from a different branch. Such decisions are being made in courthouses where none of the issues above were given any thought, where prosecutors did not reflect on the implications of such changes, and a decision was unilaterally made, perhaps due to a lack of understanding that lead to this policy deprived of common sense. If the decision at these district courts was made unilaterally, we have a separation of powers issue; if it was decided for monetary reasons, remember that interpreter fees are paid from two budgets (executive and judiciary); if it was decided to avoid comparisons between experienced prosecutorial interpreters, and perhaps less qualified court appointed ones, it was motivated by unethical reasons and it shows a disappointing level of professionalism; and if this was a joint decision by the courts and AUSAs in some districts, they must address the conflict of interest and at the least the appearance of conflict.

Our legal system has been around for 250 years. It has organically adjusted its parts to observe the fundamental democratic principles, starting with an independent judiciary, a separation of powers, and the rights and protections to the individual and society. In today’s world where many things that were, are no longer, let’s hope this is not changed by the capricious decision of a few. I invite you to share your thoughts on this issue.

An interpreter exam for a certification… or for a job.

February 29, 2016 § 4 Comments

Dear Colleagues:

A controversial issue that has been around for years has become quite popular in the past few months.  The controversy surrounding the United States federal government’s contract award to Department of Defense’s contractor SOSi has put this corporation under the microscope of many individual interpreters and interpreter associations. This scrutiny has touched on the training and “blessing” (call it certification, accreditation or anything you want) provided to the individual interpreters contracted by SOSi to work in the immigration court system for the first time.  After reading some of the posts in social media and the numerous letters, emails, and phone calls that I received from many friends and colleagues on this particular issue, I thought about it, and arrived to some personal conclusions that I think put in perspective what is happening in the American immigration court system and what many friends and colleagues would like to see implemented.

The first thing we need to do is define what an interpreter certification program and examination really are.  A process that ends in a generally accepted and scientifically proven method of testing designs, after exhaustive detailed research and practice testing, a comprehensive exam that tests individual performance in all basic properties of the activity, in this case profession, that the applicant aspires to practice in exchange for a professional fee in the real world.  Those passing this examination have demonstrated that they meet the minimum requirements acceptable to be a part of a profession subject to professional and ethical rules, legal statutes, and subject to liability in the event of malpractice.

This exam has to be designed in a way that it is objective, measures all candidates the same way, includes all elements relevant to the rating of a person’s performance, and for security and equity reasons has multiple versions in case somebody tries to circumvent the certification process, or fails to pass on the first, and often limited subsequent, attempts.  For all of these reasons the exam has to be developed by a combination of peer professionals, in this case interpreters and interpreter educators, in addition to scientists that will apply a scientific method, including the application of a grading curve, to be able to offer a comprehensive and fair assessment tool which plays a key role in the issuance of a certification.  This process takes a long time and is very, very expensive.  Moreover, the administration of the examination to the candidates also requires a big financial investment for both, the actual testing and the rating of the completed exam.   This is the main reason why there are so few real certification programs that can deliver unquestioned professionals.  Law school graduates in the United States take the bar exam to be able to practice as attorneys, and despite the fact that each state has its own version of a portion of the exam, they all share a common universal test that is part of the final assessment of that student: the MBE or Multistate Bar Examination that has been developed by the National Conference of Bar Examiners to be universally applied in all fifty states and territories (with the exception of Puerto Rico). The purpose of the test is to assess the extent to which an examinee can apply fundamental legal principles and reasoning to analyze given fact patterns.  The individual states decided to go to the NCBE to develop the test because it was extremely costly for any single state to come up with its own examination.

The same scenario applies in the court interpreting arena where the states looked for a similar solution when they went to the National Center for State Courts (NCSC).  The result was the same as in the lawyers’ case. Each state can add any requirements to the certification process if considered necessary in that jurisdiction (written tests, ethics exams, background checks, good moral character, etc.) but they all administer the same examination in Spanish and other languages where a test is available.  There are many languages without any certification exam due to the huge expense this represents and the lack of volume that could justify such an investment (not enough speakers of a given foreign language).  Only the United States government has a different examination and process because it has the deep pockets to do it, but even the Administrative Office of the United States Courts tests candidates through the NCSC. In all scenarios the individual interpreters who rate the candidate’s exams are independent contractors or staff members of the judiciary.  At different levels, all applicants who successfully pass this interpreter certification test, currently being offered only in Spanish, are considered qualified to render their professional services in a court of law within the jurisdiction where they took the exam, or nationwide in the case of the U.S. federal court system.  Clients, agencies, government entities and businesses use this certification as an assurance of a certain minimum level of quality. These new certified interpreters have demonstrated that they can work assignments that may include sight translations, and simultaneous or short consecutive interpretations (when I speak of short consecutive I am referring to the very difficult consecutive interpreting that is used in court which requires short quick renditions, unlike consecutive interpreting in a conference or diplomatic setting where the consecutive rendition could take thirty minutes or longer).  This is the only credential in the United States that tests interpreters in such a scientific way and in all modes.

There are other certifications in the U.S., but they either vanished because of its prohibitive cost and lack of demand, as it happened with the very good testing program offered in the past by the National Association of Judiciary Interpreters and Translators (NAJIT) or their testing method and results are in my opinion questionable as is the case of the “medical” and healthcare certifications offered in the United States, not by a governmental entity but by the private sector. These exams do not test in all modes of interpreting or the content of the exam is of lesser level than the one desired for a widely-recognized credential outside of the scope of a patient-physician interview at a hospital or medical office.  This is not to put these certifications down, but to illustrate the fact that a universal scientific test is a complex and expensive matter. I know how difficult and time consuming this process is because I had the opportunity to participate as one of many individuals involved in the development and field testing of an interpreter test for military and conflict zone interpreters a few years ago.

Because the process is so long, difficult, and costly, most organizations resort to another solution: they develop a program to assess individual interpreters in the field that will be relevant for that organization, and sometimes, if the target applicants require it, the program also includes some training or at least basic orientation.  These quicker and less expensive solutions can assist in determining the level of an interpreter in all modes, and sometimes are way more difficult than a certification program like the ones described above, but for the most part they are confined to the assurance of a certain minimum quality of service in the specific field or area where they operate.

The first example that comes to mind are the exams by the international organizations, or the United States Department of State conference level exam to assess the skill, knowledge and ability of the candidate. These are difficult tests that are rated by top interpreters who guard the quality of the service provided, and for this reason to pass these examinations, even though they do not confer a certification strictly speaking, means to the professional community that the candidate who just passed the assessment has a quality level that clients can rely on.

There are other exams of this type by both, government entities and the private sector that are nowhere as prestigious or difficult as the ones I mention above, but exist for commercial and legal reasons. Commercially because it is the way to get big contracts and important clients; legally because it is a certain protection against civil liability lawsuits that the entity offering the service, and the exam, might face down the road.  Most of the multinational interpreting agencies administer a training, orientation or test (call it evaluation, exam, or anything else) to their prospective interpreters to be able to market themselves as providers of “certified” interpreters and to defend from potential malpractice or negligence lawsuits as discussed above.  This practice is expensive (nowhere near a real certification program of course) but necessary to remain in business, and to a person not familiar with the profession it can create a sense of professionalism that could be the factor needed to get awarded a big contract. Although many of these entities ask their in-house interpreters to put together a quick assessment of those applying for interpreter assignments, some retain reputable institutions or renowned interpreters or educators to develop a training and evaluation program.  Needless to say, the individuals passing this evaluation may be ready for the limited work they will have to do, but they will never be considered or treated as a certified interpreter or an individual who passed an exam with the U.S. Department of State or an international organization.

This brings me back to the communications I have been getting about the immigration court interpreters in the United States and the training that defense contractor turned language service provider SOSi is offering to those new individuals who want to work under this new contract awarded last year by the Executive Office for Immigration Review (EOIR).

The first thing to say is that SOSi has a temporary contract at this time, and even if extended to the maximum agreed to in the original contract, it will be for just a few years.  Moreover, to win the bidding process, SOSi had to bid really low and that ties their hands as far as the size of the financial investment they can justify to their board.  As precedent, you should know that all contractors have opted for the same type of solution in the past. There is no logic in investing the time and money developing a certification program that if they are lucky, might be ready by the time their EOIR contract expires.

I now want to talk about the program they are offering to their new interpreters, and I say new interpreters because I assume that those veteran colleagues who decided to go back despite all the problems with the contract terms and SOSi’s conduct during these months do not need to undergo the training and evaluation.

SOSi contracted out the development of this training and assessment of their candidates to an affiliate of an Interpreter training school. The program is offered on line and it includes 27 hours of on-demand training, 40 hours of on line interpreting practice, live sessions and random monitoring by an instructor, a mentoring service, and two assessments, with the second one being the final exam that according to SOSi and the trainer follows the U.S. Department of Justice and Executive Office for Immigration Review testing requirements. The program is supervised, and I assume developed in a significant part, by the director of the interpreter training school who happens to be a very well-known and recognized instructor. I have personally attended some of his talks when we have coincided at a conference and I must say that his presentations are of a very high quality. Moreover, this institution has been preparing interpreters to take court and healthcare interpreter certification tests for many years and with very good results.  I do not know how the trainer got the contract from SOSi, but whether it was through a bidding process or by negotiation, I see no wrongdoing.  If anything, I would say that the reputation of the interpreter training school is taking a big risk (calculated by their front office, I am sure) by working with such an entity as SOSi.

Some colleagues have also raised the fact that the exams will be rated by the training entity’s instructors as a potential conflict of interest.  I do not see it that way.  The National Center for State Courts also outsources the rating of their certification exams to independent contractor interpreters and court staff.  Most law students who are preparing for the Bar (including myself a long time ago) enroll in the Bar Bri courses to get ready for the exam. Bar Bri is no different from the trainer in this case.  As to the argument that interpreter trainers will “pass” those attending the training to keep SOSi happy, I do not believe that a reputable institution like this one would play that game. In fact, as an interpreter trainer and certification exam rater myself, I have to tell you that it is in your best interest to stop those who are not qualified from entering the professional ring.  Others have raised as a problem the fact that some of the raters may have never worked in immigration court. I do not see any validity to this argument either. Interpreting skills are the same for any court. The terminology and procedure may be different, but that can be learned by the student.  This happens every day with conference interpreters who have to research and study multiple subject matters throughout their career.

In conclusion, I do not believe that it is practical nor feasible that a government contractor such as SOSi invest the time and money required to develop a certification program when all they have been awarded is a temporary (renewable at best) service contract.  I think that, regardless of all the problems faced by the immigration court interpreters and the lack of competency shown by SOSi until now, they did what any contractor, capable or not, would do regarding its interpreters.  I think that the interpreter trainers in this case did what they had to do to get the contract and now that it has been awarded to them, they will act as the professional institution we all know they are.  Therefore, dear friends and colleagues, I do not believe that there are grounds to be concerned for this reason as long as we view this evaluation for what it is: an assessment of limited skills learned for the sole purpose of meeting a client’s needs, in this case SOSi and the EOIR, who apparently set the guidelines as to what needed to be tested.

This does not mean that we should give SOSi a pass. Our colleagues are still waiting for their services to be paid, people are still wasting time trying to get answers from an organization that does not respect its interpreters, and we cannot abandon them, but the “certification exam”, regardless of the skills it may evaluate, is not, in my opinion, something we can criticize.   The only way to change the immigration court interpreter exam is to get the United States Department of Justice and the Executive Office for Immigration Review to follow the same path that their counterparts in the judicial branch of government are following, and implement a real interpreter certification program, or join the federal court interpreter certification program that already exists; but in order to do this, you will have to convince them of three things associated with this change:  (1) That they need to go to Congress and ask for the resources, a tall order in our current political season, (2) That a real certification program will attract interpreters that will be better prepared, who will, after passing the examination, demand a higher pay and more professional conditions than the current interpreters,  and (3) That a real certification program will mean that many of their current interpreters will not pass and they could face a real interpreter shortage never seen before.   I now ask you to share with the rest of us your opinion about this issue.

Disrespecting the (immigration) interpreter

August 31, 2015 § 34 Comments

Dear Colleagues:

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Something bad is happening with the federal courts in some states.

July 17, 2012 § 6 Comments

Dear Colleagues,

Not long ago I had dinner with some colleagues that work in the federal court system.  As it always happens with interpreters, we ended up talking shop.  Of course, as you all know, this is pretty standard in our profession; however, I was shocked by some of the comments I heard. I learned that despite the fact that the state has over 20 court certified interpreters, the federal courts in Colorado are now hiring non-certified interpreters for all services with the exception of court hearings; and that is not all, I also heard that the CJA attorneys are only approving vouchers for the time “actually worked” by the interpreter. Forget about the full day and half a day rates.  I also found out that, ignoring the fact that Chicago has around 15 certified court interpreters, the state of Indiana is hiring non-certified interpreters for hearings, and they are even pairing them with certified interpreters.  We all know that each district is its own world, and they set their own policy, but somebody told me that this is happening with the blessing of higher authorities.  This is worrisome.  I support the idea that if you want to like our profession for a long time, and if you want to make a good living, you need to diversify and interpret conferences, legal, medical, and everything else you can think of.

I oppose the position of some independent contractor colleagues who only see themselves as court interpreters and refuse to step outside the box; however, I am very fortunate to live in a place where the court only allows certified court interpreters,  but if what I heard is true, I am saddened and frustrated by this information because the certification exam is not easy, because there is a huge quality gap between the interpretation level of certified and non-certified court interpreters, and because the attorneys and judges are going along with the budget guys, giving up the quality of a certified court interpreter in order to save a few bucks.  I ask you to tell me if this is what is happening in your area, and if so, what in your opinion can be done to educate the defense bar, the federal bench, and the U.S. Department of Justice so they stop calling all these non-certified interpreters, and let me be very clear that when I say non-certified I am including the consortium certified interpreters because there is no distinction between them and those with another certification or without any certification, they are not certified to work in the federal system.  It is that simple.

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