What to do as an interpreter when the attorney makes a serious mistake.

November 11, 2013 § 7 Comments

Dear colleagues:

In the past we have discussed professional and ethical issues in the blog, but I don’t believe we have ever tackled anything as serious as the situation I will share with you today.  This happened to me many years ago and made me think about my professional and ethical boundaries as a court interpreter.

It all started when I was hired by an attorney to interpret during a final decree of dissolution of marriage hearing. In other words, I was retained to interpret in court for a person who was getting a divorce.  I had never worked with this attorney before (or since) but I had seen him many times at different courthouses running from one courtroom to the next. He was a general practitioner who spoke Spanish, advertised on TV, and had a lot of cases.  He called me, we agreed on my fee, and we made an appointment to meet at the courthouse right outside the courtroom some thirty minutes before the hearing.  I arrived first and about ten or fifteen minutes later the attorney showed up accompanied by his client.  Again, keep in mind that the attorney spoke Spanish.  After the introductions, I asked the client the standard questions I am sure you all ask when you just met the non-English speaker:  full name (for spelling purposes because there are no grammar rules when it comes to a person’s name) country of origin (for accent, regional expressions, and general vocabulary) academic background (to assess the individual’s mastery of the target language) and general health-related questions (in case the person may have a special request due to hearing problems for example)  He answered all these questions to my satisfaction, and added that he “…had already discussed everything with (his) lawyer…(and) …everything was clear and in order…”  The attorney, who was present during the exchange, confirmed in Spanish everything his client said.  It was going to be an easy assignment.

When it was time for the hearing all three of us went inside the courtroom.  As soon as I came in I noticed the court clerk, the court reporter, and the bailiff. I didn’t see the other party or her attorney. I asked my client about it, and he informed me that the other party was not going to appear. That she had been given notice by publication because she wasn’t at her last known address anymore, and that his client would probably be awarded sole custody of the children born to the marriage despite the fact that they were with the mother at an unknown location.  This happens often, and I wasn’t complaining. The hearing was going to be even shorter. Boy I was glad I had successfully negotiated a generous minimum fee.

Next the judge came out and took the bench. The hearing started.  After the bailiff called the caption of the case and my client and I entered our appearance on the record, the judge placed the Spanish speaker petitioner under oath and began questioning him.  To my surprise, the petitioner told the judge that he and his wife had never lived together as a married couple in the United States. In fact, he told the court that his wife had never been to the U.S.

I looked at the judge and I saw that I wasn’t the only one in the courtroom that was shocked by the answers.  The judge also learned that the petitioner had never paid child support to his children. Next the judge asked the petitioner when the last time he had known the respondent’s address was. The Spanish speaker said, and I interpreted, that although he didn’t know where his wife lived, he was pretty sure he could find out because her parents still lived at the same address they had lived at for over twenty years.

With that, the judge shook his head. Looked at the attorney for a long time, and then said: “…I hereby dismiss this petition for dissolution of marriage due to lack of jurisdiction.  For this court to be able to hear this case, at some point in time the parties had to live within the judicial district as a married couple; unless without having lived within the jurisdiction, both parties voluntarily consent to the jurisdiction of this court.  None of these circumstances happened in this case…” As if this wasn’t enough, addressing the petitioner, the judge added:  “…Sir, I have no doubt that your attorney will explain to you what just happened. He will also explain to you the following order: It is the order of the court that petitioner pay child support to his minor children according to the schedule applicable to this district. The child support payment will be retroactive to the time when petitioner ceased to live with the minors. I find that I have jurisdiction to enter this order because petitioner is a resident of the judicial district.  Good luck Sir…” The judge got up and exited the courtroom.  There was absolute silence. The Spanish speaker turned to his attorney and asked him what had just happened. He even remarked: “…I don’t think I am divorced yet…”  His attorney asked him to step outside the courtroom. We all did.

As we were leaving the courtroom, the attorney approached me and whispered to my ear in English: “…We better get your money from him right away. He won’t be a happy camper once he learns what just happened…” Once we were outside, the attorney told his client: “…Well, it didn’t go as we planned it, but we can fix it. I will explain everything when we get to my office…but first let’s pay the interpreter so he can go…”  The Spanish speaker pulled out some cash and with no hesitation he paid me right at the steps of the courthouse. This was a first for me, but I had done my job, so I took my fee, gave him a receipt, and said goodbye.  That was the last I heard about that case.  To this date, more than twenty years later, I still don’t know what happened.

Now, for me to arrive to the conclusion that I should get paid for my services was a no-brainer. I did my job.  The part of this situation that I had to debate in my head before I said my goodbyes was about the lawyer’s conduct and the damages caused to the petitioner by this apparent negligence.  This is how I made my decision: First, I didn’t know all the facts. I had no way to know if the attorney and his client knew that a dismissal was a possibility, but what they were really trying to do was to avoid a long and costly divorce proceeding. It could be expensive to look for the spouse back in their home country. This could have been a strategy. Maybe the lawyer really spaced out and didn’t consider the possibility of a lack of jurisdiction; maybe they were going to regroup at the office and try to either find the spouse and get her to consent to the jurisdiction of the court, or to file a divorce petition in their country.  Maybe the attorney was going to tell him that a child support order from this judge would be unenforceable back in his country, and that a child support ordered by a judge back home would involve a lesser amount that would be more in synch with the economy of the country of his children. Or maybe he was just going to apologize and refund the attorney’s fees.  The thing is that I didn’t know and I had no reason to think the worst.  Not many lawyers are willing to lose their license and reputation for a case that small. He was a big shot with TV ads and lots of clients.  Moreover, that was not my role. I had no legal, professional, or ethical grounds to do anything other than to take my money and leave.  There are legal channels for people who want to redress a controversy. The petitioner had to be the one to decide to do that, not me. The fact that he did not speak English did not mean that he was incapable to defend himself, and it certainly didn’t give me the right to get involved in a situation that was not my business. The judge didn’t get involved. He even said that he had no doubt that the attorney would explain everything to his client.  So you see, I defeated that impulse that many colleagues have to become super heroes, and I stayed out of it. Of course, if subpoenaed, I would have testified to what I saw and heard, but that is different. To this day I believe that I did the right thing and I would like to hear from you to see if you agree or disagree. I also invite you to share with all of us other situations where you have faced ethical or professional issues and the way you resolved them.

When law enforcement agencies do everything they can to avoid hiring a real interpreter.

August 17, 2012 § 9 Comments

Dear Colleagues,

The other day one of my colleagues asked my opinion about the quality of the Spanish a police officer was using during a recorded interview.  This colleague had been retained by the defense to analyze and transcribe the video of a police interview by a police woman in a very small town in the Midwest. As I sat there and listened to the nonsensical utterances that were emanating from this officer’s mouth, I went down memory lane and lived through them all again. I will never forget the police department that used a monolingual (in English) Hispanic woman as an interpreter for all of their investigations because “she grew up 20 miles from the Texas-Mexico border…(and that)…was enough to assume she spoke enough Spanish to communicate with the suspects…”  and how could I forget the police station that hired as interpreters all those who had failed the court interpreter certification test because “…they were cheaper and knew about the same…”  Never mind the disastrous results like the time when a little girl who had been the alleged victim of sexual abuse was considered to be a liar because the police interpreter did not know how to say “Christmas tree” in Spanish.  And the time when the “interpreter” referred to the pedestrian charges as the “pedophile charges”.  And yes! There was the man who interpreted the polygraph tests into Spanish and explained how to wear the wires by lifting, holding, bending, and stretching the suspects.  Hulk Hogan would have been proud of his technique.

During all my years as an interpreter, and specifically through my work as a court interpreter, I have learned that the common denominator among most police forces in the country seems to be their desire to save money on interpretation.  Apparently the fact that the investigation is jeopardized by using the services of unqualified or under-qualified linguists is not a concern.  Even in those towns where cases are systematically dismissed by the prosecution, or dismissed by the judges, because of violations to the rights of the defendant, or where indictments are based on faulty testimony, all due to a lack of communication between the English speaking authority and the non-English speaker defendant, victim, or witness,  because of poor interpretation, chiefs of police,  budget analysts, and city administrators are choosing the cheaper service provider over the sound and accurate legal investigation.

We all know that a dollar saved on a bad interpreter will translate on thousands of dollars spent on a new trial, an appeal process, or a brand new investigation.  Every time I have a chance, I talk to law enforcement administrators and try to explain how a real interpreter costs more, but at the same time she saves you money.  A $100.00 per hour interpreter will do her job correctly in two hours, while a mediocre $40.00 per hour individual will take longer, as he struggles to understand the language, comprehend the process, and communicate the concepts to both, police officer and non-English speaker.  After 8 long hours with a bad “interpreter”, the investigation moved very little, the legal process was violated several times, the cheap interpreter cost $320.00, and he has to come back the next day to finish the interview.  There were no savings.

So, as I sat there watching this video, looking at my colleague working so hard, writing down the mistakes of the interpreter doing the interview, making footnotes of her omissions, charting the additions she volunteered into the interview, and listening to my interpreter friend telling me how this police woman, part-time “interpreter” had already caused the dismissal of many cases because of her lack of skill and knowledge, I came to a strange realization:  The good interpreters are losing these police assignments to the bad ones, but because of this policy by the police departments, these good interpreters are now working as expert witnesses and linguistic advisors to the parties.  Therefore, at the end, the good interpreter wins because it is more lucrative to be the expert witness or advisor. But wait; what about the defendant, the victim, and society at large?  They may all get their justice in the long run after a lengthy legal process of appeals and re-tried cases, but in the meantime the victim will not feel safe, the innocent defendant will sit in a cell, and society will pay a hefty legal bill. All because the police department wants to save by hiring the bad interpreter.  I would like to read your comments and experiences about this topic.

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