March 26, 2018 § 33 Comments
A recurring theme among my court interpreter colleagues in the United States is the extreme difficulties they must endure when working under the Criminal Justice Act program (CJA). There are complaints about absurd paperwork procedures and unimaginable payment delays. Some colleagues’ invoices for professional services rendered under this program have been outstanding for over a year!
I worked with attorneys under the CJA program, but when the system changed about 18 months ago, and interpreters’ invoices had to go through the defense attorneys to get paid, and I heard some of the delayed payment stories from colleagues nationwide, I decided not to take CJA cases anymore.
For those of you who do not do federal court interpreting work in the United States, in 1964 the United States Congress enacted the Criminal Justice Act (18 U.S.C. § 3006A) to provide a system for appointing and compensating lawyers to represent defendants financially unable to retain counsel; and providing for payment of experts, investigators, or other needed defense services in federal criminal proceedings, including interpreters. Today, the Office of the Federal Public Defender, with the over 10,000 private “panel attorneys” who accept CJA assignments annually, represent the vast majority of individuals prosecuted in U.S. federal courts.
CJA panel attorneys are paid an hourly rate of $132 in non-capital cases, and, in capital cases, a maximum hourly rate of $185. These rates include both attorney compensation and office overhead. In addition, there are case maximums that limit total panel attorney compensation for categories of representation (for example, $10,000 for felonies, $2,900 for misdemeanors, and $7,200 for appeals). These maximums may be exceeded when higher amounts are certified by the district judge, or circuit judge if the representation is at the court of appeals, as necessary to provide fair compensation and the chief judge of the circuit approves. CJA attorney appointments are made by the Court on a rotating basis among members of the panel. Freelance federal court interpreters are paid with the same system, but with an additional step: Before their invoice goes to the judiciary, it must be reviewed and approved by the CJA panel attorney who requested the interpreter’s services. I guess interpreters are officers of the court of a lower tier, so they must be policed by the CJA panel attorney, apparently an officer of the court of a tier higher than the interpreter.
This process, not required when interpreters work directly for the federal courts interpreting court hearings or out-of-court interviews for public defenders or probation officers, created a burden on freelance interpreters who now devote a considerable, uncompensated time to the paperwork and its unavoidable eternal follow up process, that often takes many months and even years. Interpreters are billing for the time they worked as interpreters in a case, but that time represents but a fraction of the hours interpreters spend on paperwork, and follow up telephone calls, emails, and in-person visits to the courthouse, trying to discover the status of a payment for a service provided long before. This time goes uncompensated, and interpreters cannot work somewhere else, and generate income, while they are tied up in bureaucratic nonsense and begging for payment of rightfully earned professional fees. For all these reasons, and to keep my health, sanity, and dignity, as soon as the system started I decided not to take any CJA panel cases, and I have taken none.
I suggest you do the same. Once you do it, you will be surprised at the money you will save just by rejecting these cases. Those of you who know me, or have read this blog for years, know that I am always suggesting diversification in the profession among freelancers so you can keep steady income, and a stream of interesting assignments instead of a boring monotonous routine. Dear colleagues, there are plenty of options even if court and legal interpreting is your thing and you do not want to step outside your field.
The most desirable practice would be civil cases with well-established high-profile law firms. They generally handle interesting cases, have clients who understand and appreciate your work as interpreter, and pay excellent, professional fees when you negotiate correctly. Smaller civil law firms and solo practitioners are also a good alternative.
Next, you have the criminal defense private attorneys. They have time to handle their cases and they usually retain you for the entire case. Here your interpreting services are well paid, and you are exposed to challenging, but interesting cases. It is rare to work in a case involving white collar crimes when you spend your time providing services to public defenders and CJA panel attorneys.
Foreign law firms are also a very good choice. Globalization has generated a big multinational litigation practice, and those top-notch attorneys coming from countries where they do not speak English may need the services of a local court interpreter team. Fascinating topics, including intellectual property, foreign trade, mining, hazardous materials, are common with these clients. Family Law practitioners from these countries are also looking for interpreting services in cases of divorce, child support, international child abduction, and others.
If you want to fill in the rest of your agenda with more court/legal work, you can also provide interpreting services to the Office of the United States Attorney in your jurisdiction. Witness preparation, proffers, transcriptions, and other services are required by the AUSA. An added benefit: They are not bound by the (every-day lower) federal fees, so you can negotiate a much better compensation for your professional services.
If you like working with the federal prosecutors, then you must offer your services to the United States Trustee Program (USTP) for their exams and interviews in federal bankruptcy court cases. This is another source of legal/court interpreter income that pays well when you negotiate your fee correctly.
Finally, you can still work with the federal public defender and, if you want to interpret hearings instead of interviews, negotiations, and depositions, you can interpret for the federal courts. You will only make the set half –a-day or full-day fee, and you will usually get the same type of cases, but you will stay away from the long, demeaning, and never-ending invoice procedures associated with CJA panel attorney cases. As a less desirable option, but in many ways better than dealing with the CJA system, you could always work at the state-court level.
Dear friends and colleagues, there are plenty of alternatives to CJA assignments, even within the court/legal field. I believe that if you all were to do what I did from the beginning, the CJA system would have no choice but to change and become more interpreter-friendly. I do not believe on “fantasyland solutions” such as talking to chief judges and court clerks; it was tried in some districts and they accomplished nothing. We cannot continue to lose income, health, and dignity backing up a system that proved ineffective. I now ask you to share your comments with the rest of us.
February 22, 2017 § 1 Comment
For years, and especially during the past few months, there has been a lot of talk about the communities of foreign-born individuals who are physically present in the United States. All aspects of their lives have been debated and scrutinized: from their immigration status to their religion, from their ethnic origin, to the language they speak at home. Many articles have been written, and many discussions have been held about their right to stay in the country, the impact they have on the economy, and the actions of the federal government regarding their admission to the United States and the exclusion proceedings instituted against them. The policy the federal government has adopted towards foreign-born individuals in the United States has been rightfully questioned, criticized and denounced.
As interpreters, we deal with foreign-born people on a daily basis. We see what happens at the immigration courts (EOIR), the United States Immigration and Citizen Services’ (USCIS) interviews, Equal Employment Opportunity Commission (EEOC) hearings, and the federal judicial system. The news are not always good, but at least they are on the spotlight. Scandals such as SOSi’s abhorrent practices towards immigration court interpreters, the White House’s six-country travel ban, and the talk about the wall between Mexico and the U.S. are forcing the issue, and eventually things will have to change.
Unfortunately, foreign-born individuals physically present in the United States as immigrants, non-immigrants, and undocumented, face another terrible injustice that is turning into a reality, and eventually it could become an everyday threat: I am referring to a practice followed by state courts in many places that is gaining popularity and acceptance by the establishment, sometimes due to ignorance or indifference, and many times because of incompetence and greed.
This modern form of potential discrimination by state-level Administrative Offices of the Courts against people whose first language is not English has to do with access to justice: It is evident to me that state governments could be systematically discriminating against people who lack fluency, or do not speak English, by denying them the services of certified court interpreters in languages with a certification program, just because state government officials want to save money.
It is undeniable that those states where the language access program is not managed by a professional interpreter are at a tremendous disadvantage because there is a person with neither knowledge nor interpreting background at the helm; but the problem is even worse. Some states where the head of the program is an interpreter, and many state-level courthouses with full and part-time staff interpreters are just passively allowing for this to happen without moving a finger for fear to lose their jobs.
The potentially discriminatory practice goes like this:
During the Obama administration, state-level courts were made aware of the fact that the federal government was going finally to enforce, after almost forty years, Title VI of the Civil Rights Act which allows the withholding of federal funds dedicated to the states when the latter do not provide universal access to all the services offered, even if some accommodations need to be made in order to avoid discrimination based on many categories, among them not being able to speak, or fluently speak English. This included all state-level courts.
Before this development many states were running court interpreter certification programs. California had its own program, and in July 1995 Minnesota, New Jersey, Oregon and Washington State founded a consortium. Other states joined the consortium, and many states began to offer the services of certified court interpreters for criminal cases. A handful of states even provided certified court interpreters for certain litigants in civil cases. Unfortunately, lack of vision by the Administrative Offices of State Courts and by State Legislatures made the profession’s growth difficult because they refused to pay certified court interpreters a professional fee commensurate to the difficult, and sometimes dangerous, services provided.
This reality, coupled with judges’ ignorance that permitted non-certified court interpreters to appear in court, even though the needed language pair has a certification program, and certified interpreters were available, created an exodus of many of the best interpreters who migrated to more profitable interpreting fields, and made the profession less than attractive to new generations.
When the notice of enforcement of Title VI of the Civil Rights Act arrived, the states were faced with the possibility of losing huge amounts of money from the federal government. They knew that to save “their” money, they would need to provide access to justice to all individuals who did not speak English.
They finally realized what they had done (although they did not recognized it, or refused to acknowledge their fault). There were not enough interpreters to fulfill the federal mandate, and they did not want to lose their subsidies!
The best thoughtful solution to this problem would have been to boost the popularity of court interpreting as a profession by actively promoting the career and by making it more appealing. Responsible States would have developed a plan to encourage teaching of court interpreting at universities, colleges and community colleges. They needed to launch a campaign among high school students informing them of the potential opportunities as certified court interpreters. They needed to increase the times they offered their certification examinations, and they needed to pay an attractive professional fee, with cost of living adjustments, to all certified court interpreters. They needed to do this by lobbying State Legislatures for more funds, and if unsuccessful, by cutting or reducing other non-essential services and devoting those resources to the certified interpreter program. It was a matter of priorities and doing the right thing.
This did not happen. Instead of doing these things, state officials got together to see how they could keep the federal money coming their way. This is how the states came up with the Language Access Services Section (LASS), the Language Access Advisory Committee (LAAC) and the Council of Language Access Coordinators (CLAC). A system designed to protect their federal funds while giving the appearance of granting language access to all foreign-language speakers in State-court systems.
As a result of these developments, states opted for the easiest and cheapest solution, which basically follows three major principles: (1) Use video remote interpreting (VRI) as much as possible to reduce costs of an in-person interpreting service, and pay less to the interpreter as they would get paid by the minute, or in more “generous” states by the hour at a much reduced fee; (2) Use all those who demonstrated that they are not fit to become certified court interpreters, by creating a “new classification” of “credentialed interpreters” (Nevada) or “Justice System interpreters” (New Mexico) so that individuals who failed the court interpreter certification exam can work interpreting court proceedings; and (3) Use certified court interpreters as little as possible, while giving the appearance that these questionable new classifications had to be retained because no certified court interpreter was “reasonably available” to do the job.
This is happening in many states, and I ask you to please include in the comment section a report of what is going on in your own states. Because what is currently taking place in Nevada and New Mexico has come to my attention, I will share the main points with all of you.
The Nevada Administrative Office of the Courts is considering implementing this new category of paraprofessionals by rewarding those who fail the court interpreter certification test with access to work in court as interpreters. These decisions are being considered by the Nevada Court Interpreter Advisory Committee which is integrated by judges and administrators, and no independent certified court interpreter is part of the committee. Interpreters do not get notice of the Committee meetings, and so far, the person in charge of the interpreter program at the Nevada Administrative Office of the Courts apparently has shown no desire to inform interpreters ahead of time so they can at least attend the meetings.
Nevada courts use the services of way cheaper paraprofessional non-certified court interpreters even when certified ones are available, and currently, this state’s certified court interpreters are among the lowest paid interpreters in the country, despite the fact that judges and administrators make six figure salaries in Nevada. It is clear that there is a problem with the state judiciary’s priorities.
The New Mexico Administrative Office of the Courts is already rewarding those who fail the court interpreter exam by using the services of these much cheaper paraprofessional “justice System interpreters” (JSI) even when certified court interpreters are available. Under the excuse of unsuccessfully attempting to find a certified court interpreter, they are retaining the services of these individuals even when certified court interpreters were ready and willing to do the job. The State is also resorting to the way cheaper video remote interpreting (VRI) even when interpreters appear from other states and are not familiar with New Mexico law and procedure. It is very concerning that they are using this system and these interpreters for hearings of such importance as sentencing hearings.
The New Mexico Language Access Advisory Committee does include a disproportionate minority of independent interpreters; however, it is said that its meetings are sometimes hostile towards independent interpreters who raise objections to the dismantling of the certified court interpreter program, and that some interpreters have been refused work in the state court system even after all possible grounds for denial have been dissipated and proved unfounded.
Despite the fact that judges and the Director of the Administrative Office of the Courts make six figure salaries, New Mexico certified court interpreters have not seen a fee adjustment in a number of years, their expense reimbursements have been significantly reduced, and instead of having a professional relationship with a judiciary that makes an effort to prioritize access to justice and find funds to do it, they have been warned by the AOC that there is no money. They face an administration with an attitude that could be interpreted as contempt towards foreign language litigants, moved by a philosophy at the top that apparently believes that the AOC only has a legal obligation to provide “an interpreter”, not a certified court interpreter. To me, this is the pull the rabbit out of the hat principle where you create an “interpreter” category in order to get federal money. It is not about having a warm body next to the non-English litigant. It is about quality. The federal law requirement had in mind a professional service.
I do not believe that this is the time for interpreters to take it on the chin. There is a lot of turmoil in the country at this time, but the rights of foreigners are center-stage. Let’s seize the moment to protect the profession and make sure that states do not get away with this plan which could potentially discriminate against speakers of a foreign language by treating them as second-class litigants.
I suggest you educate your communities, talk to your state legislators, and speak to your local media. All of it is necessary, but I also propose you do two additional things that could make the difference:
First, I wonder how many litigants are aware of the fact that the individual provided by the court to “interpret” for them is not a certified court interpreter; that in fact, they will be dealing with somebody who has already demonstrated that he or she is not fit to be a certified court interpreter because he or she failed the exam. I would approach people in the courthouse and make them aware of this circumstance; I would even print a flyer explaining to them that this “interpreter” categories are as good as a three dollar bill, regardless of what the government tells them. Ask them how they would feel if instead of a licensed physician, their outpatient surgery was going to be done by somebody who failed to become a licensed doctor. Ask the foreign language speaker’s attorney what she or he would do if the court were to appoint a person who failed the state bar as the litigant in a divorce proceeding because there were no children to the marriage. You will see how fast they demand a real certified court interpreter for their case.
Second, organize yourselves either through your local professional interpreter association, or independently, and volunteer to attend court hearings where this paraprofessionals are “interpreting” (after all court is open to the public) and keep score. Write down every time one of these individuals is late for court, acts unethically, does something unprofessional, and makes an interpreting mistake. Write down how they enter their appearance in court, see if they claim to be certified court interpreters. After a few months, or during election time, send this information to the State Bar, to the publishers of voters’ guides, to the political parties, to non-for-profit organizations with tremendous weight in court elections such as Mothers Against Drunk Drivers (MADD) and to the local media. This way people will know who are the judges who care about access to justice, and who are the judges who only care about getting federal money.
I do not believe that these actions will solve all problems, but they will help to expose these programs for what they really are. If you do not do it, nobody will; not because they do not care, but because they do not know. I now invite you to share with the rest of us the current situation in your own state administrative office of the courts.
November 11, 2013 § 7 Comments
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.
March 26, 2013 § 6 Comments
I know that many of you read and contributed to the first posting of this series that dealt with the bad things that judges do to court interpreters. Well, it is now time for the lawyers to be on the spotlight. Several years ago I was retained by an attorney (I had never met before) to interpret for a petitioner during the final hearing of a divorce proceeding (final orders, permanent orders, final decree hearing, depending on the place where you live) The attorney contacted me the day before and agreed to pay my urgent fee usually charged for events requested on short notice. “…It will be really quick…” he said, “…the respondent isn’t even in the country. We’ll be in and out…” So we appeared in court the following morning, the judge took the bench and the hearing began. After the attorney made his arguments to the bench, the judge asked the petitioner how long had he and his wife lived together in the United States. The petitioner answered in Spanish that his wife had never been to the United States. After a few more questions, and while the attorney was sweating bullets because of this “unexpected” development, the judge dismissed the case stating that he lacked jurisdiction over the parties as they had never lived as a married couple within his county limits. Of course, I interpreted everything to the petitioner but it was clear that he did not understand. During the judge’s oral decision that turned into a scolding to the lawyer, the attorney turned to his client and whispered in Spanish: “luego te explico” (I’ll explain later) Once the hearing ended and we were in the hallway inside the courthouse, the attorney approached me and asked for my invoice telling me: “…Give me your receipt so we can get the money from my client and you get paid. I don’t think that he will be willing to pay for anything once he understands what happened…” So the lawyer asked his client for my fee, I got paid cash right there inside the courthouse, and the attorney asked his client to go to this office with him so he could explain what had just happened and the reason why “this judge” had decided not to divorce him “yet.” Well, under any standards this is a horror story that we as interpreters sometimes have to live through; however, this is not a posting about the worst ten things that attorneys do to their clients. This is about the ten worst things they do to us interpreters, so horror stories like the one I mentioned will have to wait for their day on center stage.
Once again keep in mind that I will focus on the attorney, intentionally leaving the clerk’s worst 10, witness’ worst 10, and so forth for future articles. I am writing this with a therapeutic perspective, trying to add some possible solutions to these problems while at the same time creating empathy and inviting a good healthy laugh when relating to these horror stories. I also want to underline that most of the attorneys I work with are real professionals I have worked with for years. Those who fit this article are not on my list of regular clients. Unlike with the judges, we as interpreters get to chose the attorneys we work with, and that is a big difference. Because of the length of this posting, I have decided to publish it in two parts. This is part one. Part two will be posted next week.
Here we go:
- “You are going to charge me all that money just for talking?” Those lawyers who do not have the slightest idea of what we do and firmly believe that because we speak two (or more) languages we are pocketing easy money. A quick solution would be to stay firm and tell him that we are not just talking, that we are interpreting, and simply say that this is what you charge, that you provide a professional service, and that you will not bargain with them. Long term solution: Talk to the attorney and explain your services in depth. Make him see the advantages of having a real professional interpreter and run by him the potential problems and complications when the service is poorly provided. With certain clients you can even adjust your fee because of the work volume they represent. If all these efforts fail, just fire the client; do not accept any work from him. Remember, a cheap client will be a bad client in all other aspects of the professional relationship. Move on.
- “Here, take these papers and explain them to my client.” There are attorneys that think of us as their servants, paralegals, co-counselors, and many other things. They seem to think that it is a waste of time for them to be around when you are going to be doing “all the talking.” A good short term solution is to ask them with great emphasis if what they mean is that they want you to sight-translate the documents and to tell their client that they will answer any questions after you finish translating. Repeat the last part to the defendant before you start translating, and refuse to answer any questions. For a long term solution you can explain what your legal and ethical boundaries and obligations are, what is exactly a sight translation, and suggest that these documents be read in advance at the detention facility or the law office (depending on each case) If hired by the court, you should ask the coordinator/supervisor to talk to the attorneys in order to avoid these situations in the future.
- “Your Honor, that is not what my client said”. It is common for the Attorney to speak the native language of the defendant. This is usually one of the main reasons a non-English speaker goes to a certain attorney. You and I know that there are many lawyers who think they speak the foreign language even when their level is way below fluency .Any attorney will tell you that it is impossible to know what a client will tell the judge, and they often say something that will hurt them, especially those who come from a different culture. Because of the attorney’s knowledge of the foreign language, he will usually learn the disastrous answer given by his client before the words are interpreted to the judge, and many times they will try to blame the poor answer on the interpretation by saying that their client didn’t say what the interpreter said, or by arguing that the question was not interpreted correctly. One time a lawyer interrupted me in open court arguing that his client had not said what I interpreted, that she was Cuban and therefore I was not qualified to understand and interpret her answers. What I did next is a good short term solution: Simply state on the record that you stand by your interpretation or rendition, and if necessary state your credentials. A more durable solution would be to make sure judges and attorneys know and understand that we are the language experts in the courtroom, that when we make a mistake we admit it and promptly correct it, and that our preparation and credentials go beyond speaking two languages. We should always interpret what the client says, even when the attorney wanted them to say something else.
- “I know I had to pay you long ago, but I cannot pay you because my client hasn’t paid me yet.” It is common for the lawyer to think that “we are in this together” and assume that it is perfectly fine to delay our payment when their client hasn’t paid them. Unfortunately for those attorneys, we have no client-provider relationship with their client. Our legal relationship was established by a written (ideally) or an oral agreement to interpret during a certain specific event at a certain rate. This legally binding agreement is not conditioned to a foreign event such as the attorney being paid by his client who happens to be a third party in this interpretation contract. To solve the problem as expeditiously as possible when you have no written agreement, talk to the attorney (he knows that his payment has nothing to do with you) and negotiate payment; maybe if you give him two weeks to pay; you can also take partial payments if you trust the lawyer, but never wait until he gets paid. Many clients never pay their attorneys when they did not get everything they thought they would get from the case. If you have a written contract, stick to it. Send it to a collections agency or take the lawyer to court if necessary. Remember, this is how you make a living and you earned the money. The long-term solution for all services in the future, especially when you do not know the Law Firm very well, has to be a written contract detailing payment, default of payment, and collection costs. In my experience all attorneys sign it when asked to do so. We have to be smart and take advantage of the legal protections that exist.
- “Sorry Judge, but we are late because the Interpreter took forever reading the plea agreement.” Some attorneys want to save themselves a trip to a detention center by informing their clients about a potential plea agreement when they see their clients in court. I have had many lawyers ask me to read a plea agreement or a presentence investigation report just minutes before a scheduled hearing. I cannot count the times that I have read these documents in holding cells and jury boxes. Then, after reading the always long and exhausting documents, most attorneys answer their client’s questions. Of course, reading these documents really means sight translating them because they are written in English. As you know, this is a difficult task and it takes time to do it right; add to that the time the attorney has to spend answering questions from the defendant and sometimes convincing his client to take the offer because that is the best possible outcome of the case. When done properly, we are talking of hours of work, and I haven’t even mentioned the time it takes for the jail to bring the defendant to the holding cell. Of course it is true that while we are working our tail off doing this sight translation, most attorneys are just sitting there doing nothing. I am sure it is extremely boring and frustrating to see how the time goes by and the time for the hearing approaches, but it does not justify blaming the delay on the interpreter who has been working hard all this time. It is the attorney’s obligation and responsibility to defend and advise his client, they know how long it takes to go over those documents, and they know that it should be done on an earlier date. Such a situation can be avoided by talking to the lawyer as soon as he requests the sight translation and telling him that the process will take time and most likely will not be over by the time the judge calls the case. Now it is the attorney who has to decide what to do: request a continuance, be pushed to the end of the docket, change the hearing to the afternoon, etc., and if he ignores the suggestion, as an officer of the court you can always answer the attorney’s complaint by stating on the record what just happened. This will cover you in case of a formal complaint or investigation by the court. The better long-term solution would be to always agree with the private attorney to do these sight translations days before a hearing, and for the court appointed attorneys and public defenders you should talk to the courthouse’s chief interpreter or administrator and ask them to require these documents to be read to the defendant ahead of the hearing date.
These are my first five. Next week I will post the other five. In the meantime, I invite you to share your stories, anecdotes and opinions regarding this frustrating but essential part of a court interpreter’s professional practice.