When the government at its highest level does not understand the role of the interpreter.
July 23, 2019 § 4 Comments
Dear Colleagues:
Several weeks ago, the president of Mexico held one of his daily press conferences in Mexico City; on this occasion, Jerry Rizzieri, General Director of Mizuho Securities spoke of a credit his bank and others granted to Mexican state-owned oil company PEMEX as an attempt to rescue it from the enormous debt it faces. The event was important for the Mexican government and its president who has vowed to make the oil industry a key component of the Mexican economy. Rizzieri briefly spoke in English, and his prepared speech was sight-translated as a consecutive rendition not by one of the magnificent interpreters that regularly work with the Mexican president, but by Mexico’s Foreign Affairs secretary Marcelo Ebrard. From the moment Jerry Rizzieri stood up and walked towards the podium, Secretary Ebrard followed as if this had been planned ahead of time. The speech was a simple thank you written speech similar to the ones by those who win an Oscar or Emmy, apparently Ebrard speaks English, so there were no incidents except for the awkwardness of having the Secretary of Foreign Affairs sight translating a speech, and his obvious hesitation and confusion about the microphones.
Much was said in Mexico about the unfortunate episode, there was speculation as to whether the left-wing Mexican president, famous for cutting down on public expenses and reducing the budget, had used the services of the Foreign Affairs Secretary instead of retaining professional diplomatic interpreters. Some criticized the incident, others celebrated the episode; even interpreters wrote about it, both: for and against what happened. Opinions are always legitimate, journalists, interpreters, and the people may opine about the issue; but after watching the video, it is clear there were inaccuracies: First, Secretary Ebrard did not do a simultaneous interpretation; he did not do a consecutive rendition either. It is clear from the video that Rizzieri read from a written speech on the podium, and Ebrard did the same. The short speech could have been interpreted simultaneously or consecutively, but apparently government officers decided against it. It is false that you could not do at least a partial simultaneous rendition unless you had interpreting equipment. A diplomatic interpreter could have simultaneously interpreted the speech into president López-Obrador’s ear using chuchotage. Journalists and public would have not understood the speech, but it was a possibility at least for the president. (see minute 0:43 of the video: https://www.youtube.com/watch?v=eLcxFj-sX_s)
The biggest problem was the lack of professional interpretation, not just for Rizzieri’s speech, but for the event. The president spoke Spanish, and from the video you could conclude that not a word was simultaneously interpreted from the booth, leaving Mr. Rizzieri and his entourage without understanding what was said during the event.
You cannot defend what happened just saying it was a great move that saved taxpayers money by not hiring interpreters for this event. You cannot excuse it by arguing this was an informal event that, due to its brevity, did not justify retaining interpreter services because Secretary Ebrard speaks English.
Far from it, this was an insult to the foreign bankers who traveled to Mexico City to bail out PEMEX. C-Suite executives of international corporations, such as these banks, are used to meeting foreign dignitaries, attend official ceremonies, and speak to their counterparts aided by interpreters. It is likely (at least we hope) that meetings and negotiations took place in the presence of interpreters who make communication possible between the parties. Not having interpreters for the negotiations, or having them, but dismissing them before the press conference was a sign of incompetence, and a show of disrespect to the foreign visitors and those watching the press conference without a professional interpreter. No, this was not cute, this put the office of the president of Mexico in a very uncomfortable situation. Unfortunately, it also confirmed rumors and stereotypes circulating outside Mexico. Professional diplomatic interpreters exist for a reason, they are qualified to bridge the communication gap between two or more parties, respecting the other party’s culture, and this way contributing to the harmonious relations among nations and individuals.
No, this was not a job for the secretary of International Affairs, and no, this cannot be addressed by having a pool of interpreters who volunteer their professional job to interpret for the richest level of the government they pay taxes to. These events require professional, experienced interpreters retained by the Mexican federal government, who are paid like the professionals they are. Anything short of that sets the profession back to the dark ages, in this case interpreting in Mexico. I now invite you to share your comments on this issue or similar experiences you have seen in other parts of the world.
Diplomatic Interpreting: Misunderstood and little known.
July 18, 2018 § 13 Comments
Dear colleagues:
During the last month we have seen plenty of diplomatic activity around the world, most of which involved the president of the United States. First, president Trump met with North Korea’s leader Kim Jong Un in Singapore; next, he met with several heads of state in Europe during the NATO meetings, and after his visit to the United Kingdom where he needed no interpreter, he met Russian president Vladimir Putin in Helsinki.
Through current 24-hour news coverage around the world, these encounters and press conferences have put diplomatic interpreters on the spotlight in an unprecedented way. Diplomats and politicians have always known the role of the diplomatic interpreter in these events, but journalists, social media users, and TV viewers are just discovering the importance and complexity of this essential function needed in all diplomatic exchanges when the parties share no common language.
The interpreting profession is growing all over the world, but most of its expansion is coming from the legal, healthcare, and community service fields; therefore, diplomatic interpreting is also new to many interpreters who never had an opportunity to do it.
Many of our colleagues seized the opportunity to highlight the difference between translating and interpreting by constantly bombarding all social media with entries correcting the term used by journalists and lay people, and making it crystal clear that (at least in languages with different words to describe interpreting and translating) those accompanying the presidents were interpreters, not translators. Many of their social media comments showed they knew little about diplomatic interpreting. Look at these remarks found on social media and interpreter forums and chatrooms: “…the interpreters working the summit hopefully demanded team interpreting…Did they consider that North Korean is a different dialect when assigning Trump’s interpreter?…Did they tell interpreters that Kim Jong Un has a Swiss accent?…Kim Jong Un speaks English, but they needed an interpreter to clean up Trump’s remarks…interpreter better watch diplomacy if president does not…Who would want to interpret for Trump?…I bet these interpreters will write a book after the summit…; or this one: “…Why would a woman interpret for Putin and Trump?…”
Diplomatic interpreting is a very specialized field. It requires the same skills needed to interpret in other fields, plus other technical, cultural, ethical and diplomatic knowledge and abilities, and self-confidence, courage, stress control, and refraining from showing personal emotions and opinions. It includes a broad range of elements and factors that make communication possible at presidential level, ministries, international organizations, and international military organizations.
Besides all modes of interpretation used in all other settings, diplomatic interpreting requires impeccable consecutive interpreting that goes beyond memory, note taking and visualization; it also needs of the interpreter’s insights, observations, impressions and readings derived from discreet but careful eye contact with the source and target, which must incorporate body language, gestures, and intonations to convey the most accurate rendition, this while walking on eggshells in a world where nuances are extremely important. Often working with no equipment, diplomatic interpreters must project their voice so they can be heard by the target.
Diplomatic interpreters must possess an excellent simultaneous delivery with the right decalage and comprehension of the issues discussed to provide the right meaning in those topics being addressed at the meeting or conference. They work in the booth like all conference interpreters, but they also constantly interpret simultaneously performing chuchotage escort interpreting for the head of state. This requires additional skills not always needed in the booth, such as extreme concentration to isolate the voice of the source during a state dinner while many others are speaking. Interpreters must master this discipline so their voice can be heard by their target with clarity, while taking care of their voice so they can continue to work as interpreters. “The ability to express ideas clearly, and above all great familiarity with the different cultures is a must…good voice projection and especially modulation are assets which seem to acquire even more weight… because whispered interpretation is commonly required…” (Maria Rosaria Buri. “Interpreting in diplomatic settings”. https://aiic.net/page/7349/interpreting-in-diplomatic-settings/lang/1)
Both, consecutive and escort diplomatic interpreting are rendered at an unprecedented level of stress and pressure.
Sometimes, the job goes to somebody not qualified to be a diplomatic interpreter and the consequences can be ugly. This was the case during Mexican president Felipe Calderón’s visit to the White House in 2010 when he addressed president Barack Obama about pending immigration policy and legislation in the United States. In Spanish, Calderon’s comments were straightforward and clear as he spoke to the common values and principles that united the United States and Mexico. A halting and grammatically incoherent English rendition by the Mexican interpreter followed. The interpretation was so difficult to understand that the American delegation ignored the rendition and used a written translation instead. The Mexican delegation blamed its own translation, and from that point on, president Calderón spoke in English until another interpreter joined his team in Ottawa where his trip continued after Washington, D.C. The Mexican government indicated that the interpreter had come with the presidential delegation, but apparently this individual did not regularly interpret for Calderón. (NBC News. Copyright 2010 Associated Press. (http://www.nbcnews.com/id/37238436/ns/world_news-americas/t/calderon-visit-marred-poor-translation/)
Those who are chosen to work as diplomatic interpreters must have broad knowledge and keep up to date with world political, social, and economic affairs. Keeping abreast of international developments and the issues at stake is essential for interpreters working in any language mediation setting. Diplomatic interpreters must be familiar with dress codes, etiquette, demeanor, the correct form to address dignitaries, tact, and savoir-faire, the principles of being discreet and of not censoring. However, sometimes they must use harsh language when the source does so. In December 1983 then vice president George H.W. Bush went on a secret mission to El Salvador in a civil war. Stephanie Van Reigersberg, when head of the interpreting division of the Office of Language Services of the U.S. Department of State was assigned to accompany him. Bush was there to deliver a warning to a group of military commanders about the government’s death squads. Secret Service agents recommended the vice president call off the meeting, but he refused. “Basically, he cursed them out” Van Reigersberg said. “…having a woman interpreter using that kind of language really got their attention”. After the meeting, she realized that she had been so concentrated on her work she had lost any sense of danger until Bush remarked: “…well, I almost got us both killed, didn’t I?”
Each country has its own internal policy and criteria to select and appoint diplomatic interpreters; for security reasons, most nations choose staff interpreters vetted and cleared as ethical, professional individuals worthy of their nation’s trust. Some others select independent contractors then subjected to rigorous background checks and assigned a security clearance level, with only those with the highest level being assigned for top diplomatic interpretations. Finally, many countries have a mixed system where staff interpreters are used for the most common and widely spoken languages, while independent contractors with top security clearance are retained to interpret in less common languages. In the United States, interpreting for White House and State Department officials is provided by the Office of Language Services (part of the U.S. Department of State). The Office’s “…diplomatic and conference interpreters (are on its) staff, and conference interpreters (are on its) contractor rosters…” (https://www.state.gov/m/a/ols/c57124.htm). Often, the diplomatic interpreter accompanying the head of state is the highest interpreter in their home country. Dr. Yun Hyang Lee, who interpreted for president Donald Trump during the meetings with North Korean leader Kim Jong Un, is the current head of the interpreting division of the Office of Language Services of the U.S. Department of State (Time. Eli Meixler, Mahita Gajanan. June 13, 2018)
A diplomatic interpreter is not just selected from an interpreters’ association directory on line. They are trusted, vetted, and tested professionals recognized for their skill and field of expertise. Thoroughness is essential in this work, it is never a matter of finding an equivalent or substituting a word; the interpreter must understand the thought expressed and its underlying meaning to interpret. Interpreters must know the specialized jargon and background information. You cannot interpret what you cannot understand. It is crucial that interpreters have all needed knowledge for each assignment. Sometimes they are privy to the same briefing the president gets; often, because of the delicate matters to discuss, information is subject to secrecy and interpreters only get it at the right moment, but always with time to be prepared for the job. Words are so important in diplomatic interpreting that sometimes they can set the mood for a negotiation: During a U.S.-Soviet summit in Washington, D.C. in December 1987, president Reagan welcomed his cold war rival Gorbachev to the White House to discuss peace. During the official welcoming ceremony, Reagan stated that: “…today marks a visit that is perhaps more momentous than many…because it represents a coming together not of allies, but of adversaries…” The U.S. interpreter on that occasion was Dimitry Zarechnak, and the Soviet interpreter was the legendary Pavel Palazhchenko. When it came the time to interpret the speech, Zarechnak told National Public Radio (NPR) in 2001 he was “…agonizing over the word adversaries” because the Russian word for “adversaries” protivniki, sounds similar to a word that means “disgusting”: protivniy. “…In English, you can have a noble adversary. In Russian it sounds terrible…” he added. Instead of repeating the word “adversaries”, Zarechnak used a Russian word for “competitors” which Gorbachev liked. This same word was used by president Trump this week when he was asked if president Putin was his enemy and he replied that “…I have always said he is (my) competitor…” (National Public Radio NPR (https://www.npr.org/2018/06/11/611734103/the-pressure-of-being-an-interpreter-at-a-high-stakes-summit)
Occasionally, interpreters are indirect recipients of a tense internal relationship within a government structure. This can affect their work and their preparation. During the Nixon administration, president Richard Nixon and Henry Kissinger distrusted the State Department and had a less than friendly relationship with secretary of state William Rogers, sometimes they kept the U.S. interpreters out of the meetings for fear they would brief Rogers. This meant that sometimes the interpreters would assist in meetings between the secretary of state and foreign leaders on topics about which the White House had kept the interpreters in the dark. (Harry Obst. “White House Interpreter: The Art of Interpretation”. ISBN-13:978-1452006154).
Some say that these interpreters participate in making history. This is both: a privilege because they get to be eyewitness to some events that will be in the history books of tomorrow; and a burden because it means more stress and pressure which translate in tremendous responsibility. Interpreters like the ones who accompanied president Franklin D. Roosevelt to Yalta, or like Irene Bruno from the Office of Language Services of the U.S. Department of State who interpreted for president Barack Obama during his visit to Havana in March of 2016.
Diplomatic interpreters are constantly studying and fine tuning their craft. They have great flexibility. On October 23, 2000, Madeleine Albright, U.S. secretary of State under president Bill Clinton, met former North Korean leader Kim Jong Il. Albright had the services of U.S. Department of State Senior Korean interpreter Tong Kim. Albright’s mission was to persuade the regime to abandon its long-range missile program. To prepare, Tong Kim learned arms control jargon, reviewed top-secret briefs, and read a dozen books on nuclear bombs. Kim later stated that he “…kept…reading every article in newspapers and academic journals…” He says that when he began interpreting he “spoke like a South Korean, and they did not seem to appreciate it…” so he perfected a North Korean accent and dialect: “I picked up their language, their intonation, their dialect…and that gives them some trust…” (National Public Radio NPR (https://www.npr.org/2018/06/11/611734103/the-pressure-of-being-an-interpreter-at-a-high-stakes-summit)
Due to the nature of the task, these interpreters often work alone and for many hours. Although team interpreting may be feasible for the conference work in the booth (usually a press conference where the second interpreter may not need to have the same level of security clearance, even though they usually do) long consecutive and chuchotage are generally performed by the same interpreter throughout the encounter. This requires that diplomatic interpreters have great stamina and good health. An important point because it takes many years of practice and study to reach this professional level, therefore many diplomatic interpreters are not very young. Add the stress factor, generally present in these events because of the importance of the issues being negotiated, the bilinguals in the room who may think they have a better way to say something, and the constant feeling that if something goes wrong, interpreters could be blamed, even if the mishap was not entirely their fault.
Diplomatic interpreters develop an important working relationship with their source. This relationship takes many shapes and forms; sometimes the source is quite detached, and other times they rely on the interpreter for more than interpreting. We are their cultural advisors and sometimes their local history and geography consultants. For example, Harry Obst, who interpreted for seven U.S. presidents during his career, and was the head of the U.S. Department of State Office of Language Services, recalls how President Lyndon Johnson, who ascended to the presidency suddenly when president John Kennedy was killed, was eager to tap interpreters’ wisdom: “…Johnson would caucus with me before the meeting, and he would say, ‘Look, do you know this person? What is he like? Is he devious? Is he straightforward? It is best to raise a subject straight on or fish around it a bit?’” (Harry Obst. “White House Interpreter: The Art of Interpretation”. ISBN-13:978-1452006154). During the Trump-Putin meeting in Helsinki we could see the different relationship that each president has with his interpreter, while president Trump’s interpreter, Marina Gross from the Office of Language Services of the U.S. Department of State, sat on the chair already positioned for her a few feet to the right of the president, president Putin’s interpreter walked on stage, grabbed his chair and put it next to Putin, just a few inches away.
Sometimes diplomatic interpreters working under such pressure make a mistake; they are humans. During a discussion on an open skies proposal between the 41 president of the United states, George H.W. Bush, and Soviet leader Mikhail Gorbachev in 1990, Soviet interpreter Igor Korchilov said the word “verifying” in English, instead of the correct term “verified”. Everybody in the White House Cabinet Room looked at him, including Gorbachev who quickly said: “No, no. I never said that…” On an interview with National Public Radio (NPR) in the United States, Korchilov remarked: “…To this day, I still feel extremely embarrassed…” On his memoir, Korchilov wrote: “…At the moment I wished the earth could swallow me up…” He then addressed president Bush to apologize, and the American president replied: “…Relax, the good news is that you didn’t start World War III…” He then apologized to Gorbachev who said something all interpreters need to remember: “…Oh, don’t worry, Igor. Only those who do nothing make no mistakes…” (Korchilov Igor, “Translating History: 30 Years on the Front Lines of Diplomacy with a Top Russian Interpreter).
Igor Korchilov made a mistake, but he was a great interpreter who worked as Gorbachev’s interpreter from 1987 to 1990.
Great interpreters make mistakes like everyone else, they just make them on a world stage and everybody finds out, as it happened in the well-publicized case of the joint press conference of U.S. president Barack Obama and king Felipe VI of Spain at the Oval Office in 2015. At the time, Spain was facing an independence vote in Catalonia that could end up in a political and economic crisis for the kingdom. On his remarks, president Obama stated that the United States wanted a relationship with a strong and united Spain (“una España fuerte y unificada”) but the interpreter’s rendition was: “a stronger and united relationship with Spain” (“una relación [cada vez] más fuerte y unida [con España]”) (“El Mundo”. Sept. 2015. http://www.elmundo.es./enredados/2015/09/16/55f9477022601da52a8b45a0.html ) The king, who studied in Georgetown University and speaks English, immediately looked at his delegation and made sure that the Spanish press got the correct presidential statement and not the mistake. Moreover, since interpreter renditions into the foreign language (in this case Spanish) are not shown on American media where they broadcast the president’s remarks in English, nobody noticed the mistake on the American media, but it was big news all over Spain. Once again, this interpreter had faced tougher situations many times.
I hope this gives you all a better idea of what diplomatic interpreters do, who they are, and how they work. I leave you with a quote from David Bernet and Christian Beetz press release for their documentary “The Whisperers”:
“They appear in the shadow of the mighty…the interpreters. They have been around forever or, at least, ever since different languages and cultures have met. The discretion that goes with their job makes interpreters very inconspicuous people. But behind the cloak of professional neutrality, one can discover a cast of fascinating characters who dedicate themselves to their craft with the utmost passion” (David Bernet and Christian Beetz press release for their documentary “The Whisperers” http://www.gebrueder-beetz.de/en/productions/the-whisperers-2#uebersicht)
Is it true that interpreters must abstain from public commentary?
December 10, 2017 § 3 Comments
Dear Colleagues:
I have recently read many comments about the court interpreter in California who decided to talk to the media after she provided her services to the defendant in a high profile criminal case. To my surprise, must comments promptly endorsed the position that a court interpreter cannot make any public comment. Such extreme “black and white opinion” is quite concerning.
Before expressing such a sweeping opinion, interpreters should reflect on the purpose of their professional service, the reasons for the rule or legislation, and what the consequences of failing to observe it really are. Let’s see:
The main topic concerning this analysis is confidentiality. The nature of the duty of confidentiality is based on two things: the subject matter or area of interpretation, and a scale of values.
Different subject matters or fields of interpreting will be governed by different legislation, interests, and goals. If the interpreter’s professional practice involves intellectual property, diplomacy, or national security, there will be many limitations and restrictions as to the things the interpreter can share with others. Most of these duties will come from legislation, not canons of ethics of regulations. Many others will derive from contractual obligations regarding commercial brands, patents and copyrights.
The scale of values is also important: The more important the value, the stricter the responsibility.
Revealing the content of diplomatic negotiations could have implications of war and peace, and the interpreter could even go to prison, or at least lose his job and reputation.
Revealing medical information can disrupt a patient’s health or treatment, impact insurance coverage, kill a patient’s future employment opportunities, and generate legal problems for hospitals, physicians and interpreters.
When we provide diplomatic or military interpreting services at certain level, we are required to undergo a security clearance process and we take a legally binding oath to secrecy. Breaching this legal obligation will bring catastrophic consequences to the interpreter.
The California case gives us the opportunity to revisit a court interpreter’s duty of confidentiality, so we can see how sweeping statements like those made by some of our colleagues last week, most of them in good faith, are not so categorically right.
First, we need to understand what is protected by the duty of confidentiality, and who imposes the restrictions on the court interpreter.
Interpreters exist because there must be equal access to the administration of justice, regardless of the language the court or the parties to a controversy speak. Here we must make a distinction:
(1) The court interpreter as a communication tool to the litigant.
When a plaintiff, defendant or victim cannot actively participate in their legal case because of a language barrier, the court interpreter acts as the ears and voice of the foreign language speaker in communications with the court, his attorneys, and the opposite party. Interpreters render a complete, accurate interpretation of everything that is said during the hearing, and interpret to the court and parties everything the foreign language speaker says. These interpreters handle three types of information: public record, confidential information, and privileged communications.
These are the interpreters hired by the court, paid from the courthouse budget, and selected from a roster kept by the clerk’s office.
When a plaintiff or defendant want to be represented by a private attorney, but they cannot communicate with their attorneys because of a language barrier, those privately retained attorneys can also hire professionals court interpreters in private practice to help them communicate with their foreign speaking client, their client’s relatives, and with those witnesses who do not speak the language of the attorneys. In this case it is the attorney who selects the interpreters from prior experiences or referrals from others; and it is the attorney, not the court, who pays the interpreters’ fees (very likely from the plaintiff or defendant’s assets). This interpreters handle three types of information: public record, confidential information, and privileged communications.
As we can see, in both cases, interpreters work with information that is public record. This means that everybody has access to what was said or done. For example: As a rule, court hearings are open to the public. Anybody can go to the courthouse and sit in the courtroom during a trial. At the State-level, many jurisdictions broadcast their proceedings in public and even commercial TV. All legal arguments, court rulings, and witness statements are heard by all interested individuals.
Both, court appointed and privately retained interpreters are privy to confidential information not because of who the interpreters are as individuals, buy because of what they do for living. This information is sensitive in nature and if disclosed, it could adversely impact third party innocent individuals. For these reasons, interpreters are usually barred from sharing this information. Details surrounding a case that come to the knowledge of the parties, but are irrelevant to the outcome of the controversy are kept from the public. Names of business partners, financial information, paternity, personal health information, sealed court cases, juvenile court records, are just some of the examples that fall under this category.
While working with an attorney, all interpreters learn what is called privileged information. This is crucial, intimate information about the subject matter of the controversy that lawyers need to know to represent their clients and defend their interests. This information is treated differently because it is only when a person knows that statements made to their attorney in confidence cannot be disclosed to anyone, not even the judge or jury in the case, that clients can truly open up to their attorneys and share all details of a case. Those acting as agents of the attorney, such as paralegals, investigators, and interpreters, are covered by the client-attorney privilege, and nobody, not even a judge can compel them to disclose said privileged information.
(2) The court interpreter as auxiliary agent to the administration of justice.
The court system has a vested interest on the perception that the administration of justice within its jurisdiction is equally fair to all citizens, even those who do not speak the language of the court. For this reason, courts have set policy to clarify this principle, and reassure all potential litigants of the impartiality of the court, even in those cases when a foreigner is party to a controversy, especially in criminal cases where life or liberty are at stake.
This principle has motivated some courts (not all of them), in particular in the United States, to go beyond what many would consider reasonable, and impose the strictest restrictions to some of the things court interpreters can and cannot do. Based on this one-sided extremely restrictive rules, the federal courts of the United States abide by the United States District Court Code of Ethics for court interpreters, who have been sworn as officers of the court for the duration of the assignment, and interpret under contract with such court, “…to follow the Standards for Performance and Professional Responsibility for Contract Court Interpreters in the Federal Courts…” (USDC Code of Ethics. Preamble)
The Federal Code of Ethics contains some important principles needed to practice the court interpreter profession that are free of controversy, such as Rule 5: “Confidentiality. Interpreters shall protect the confidentiality of all privileged and other confidential information…”
It also covers other situations where restrictions seem unreasonable and arbitrary, like Rule 3 where it states that: “…During the course of the proceedings, interpreters shall not converse with parties, witnesses, …attorneys, or with friends and relatives of the party, except in the discharge of their official functions…”, or Rule 6: “Restriction of Public Comment. Interpreters shall not publicly discuss, report, or offer an opinion concerning a matter in which they are or have been engaged, even when that information is not privileged or required by law to be confidential…”
Dear friends and colleagues, we must remember that the above restrictions by the United States District Court Code of Ethics only apply to court interpreters who are providing their professional services when they “…are sworn in (and) they become, for the duration of the assignment, officers of the court with the specific duty and responsibility of interpreting between English and the language specified. …In their capacity as officers of the court, contract court interpreters are expected to follow the standards for performance and professional responsibility for contract court interpreters in the federal courts…”
In other words, said restrictions, as they are not the law, but a mere contractual obligation, only apply to those who are providing their services in federal court pursuant to a contract with the court. These blanket restrictions do not apply to any of us when working as interpreters in federal court if we have been retained by one of the parties.
Once we understand this limitation, and the different role interpreters play when they act as a communication tool to the litigant with his attorneys, and in those cases when they also act as an auxiliary arm to the administration of justice and are paid by their judiciary. It is obvious that legal restrictions and limitations such as client-attorney privilege and confidentiality will apply to all interpreters as they are part of the essence of the legal representation, but other limitations that go beyond that scope will not apply to privately retained interpreters as they exist to assure impartiality and transparency to the extreme. This is not necessary with private attorneys and their interpreters as they are publicly known as part of a team: plaintiff’s or defendant’s.
To the latter group of interpreters, sharing what is already public record should be no problem; and in my personal opinion, I do not believe that even court appointed interpreters should be sanctioned for sharing public information with the media. I believe that telling a reporter that a hearing was moved from 1 pm to 2 pm and saving her the trouble to go up 20 stories to read the same information on the court’s bulletin board will hardly raise suspicion of prejudice, particularity when we know that interpreting is a fiduciary profession. To me, it looks very weird when the interpreter refuses to answer such silly questions and reacts by moving away without an explanation.
As far as confidential information, please be aware that the prohibition is not absolute either. A court order can compel you to testify. Please remember that the client holds the right to said confidentiality, and as such, he or she can always give consent. When this happens, confidentiality goes away. Will these ever happen in your professional career? We do not know, but we should always be aware that it is a possibility.
Even client-attorney privilege is not absolute. There are certain exceptions in the law that allow you to pierce the veil of this sacrosanct privilege. Among other possibilities, the client, who holds the privilege, can also lift it by giving consent; you can also pierce it when defending yourself from the actions of the client who holds said privilege. Let’s say that the client sues you arguing that the interpreter did nothing in the case. Under those circumstances you can pierce the privilege to prove that the client is not telling the truth and show the work you did, as long as the privileged information you divulged is limited and tailored to the point you are trying to prove in court. Statements and information provided during a client-attorney communication that include future illegal activity is not covered by the privilege either, and you as interpreter must disclose it to the authorities.
We must remember at all times that different jurisdictions will have different policy, rules and legislation, so we must adhere to all applicable rules, as long as they apply to us, depending on the type of professional service we are going to provide.
In the case of California, please keep all of the above in mind, and understand that Rule 2.890(c)(4) states that: “…An interpreter must not make statements to any person about the merits of the case until the litigation has concluded…”
Notice how the rule does not go beyond the conclusion of the case, because the rule (erroneously in my opinion) does not make a distinction between interpreters privately retained by the parties who act as a communication tool to the litigant, and those retained by the courts who also must play the role of auxiliary agents to the administration of justice and therefore be impartial at all times. Once there are no more appeals, there is no reason for the restriction on the first type of interpreter.
Finally, a couple of thoughts: I was saddened to see how must of my colleagues immediately assume the role of a criminal court interpreter retained by the court. I am always hoping that more interpreters view themselves as independent professionals working with private attorneys. There is an abysmal difference in professional fees, and the work is about the same. I ask you to please think like a private practitioner, instead of accepting the rules without any reservation. Question the rules and try to understand why they compel you to do or abstain from doing something.
It also concerned me how so many of our court interpreter colleagues rush to “obey” anything the courts say without even checking the source of the “command”. Many people criticized and condemned the interpreter who spoke to the media because of what the “Professional Standards and Ethics for California Court Interpreters” say. Please understand that this is just a manual, not legislation, regulations, or a court decision. It is just a didactic tool for those who are trying to understand the profession. Use it as such. Observe the California Rules of Court.
I hope we all understand that professional rules include universal standard values, but they also incorporate local culture so necessary for an administration of justice that reflects the values of the community it is meant to serve. For this reason, I. Sincerely hope we all come to understand that asking for universal rules or codes is not the best legal option. A system like the one we have is an appropriate one. We just need to understand the rules better, and fight to change those we believe constitute a hurdle to our profession. I now ask you to please share your founded legal arguments on this issue that could adversely impact our profession.
The Professional Interpreter 