The client wants a term interpreted in a certain way, but the native speaker is saying something else.
March 6, 2023 § 2 Comments
Most of us have been in a situation where the client indicates their preferred translation, sometimes their only acceptable translation, of a term, title, name, or expression. Usually, we get these requests as “official” glossaries by a company, government agency, or international organization; occasionally, we get a letter or a memo from the client specifically asking for that desired translation. Interpreters usually use the requested terminology, unless the translation is inaccurate, outdated, or offensive to the target audience. In these cases, we contact the client, make our case for a better translation, and then we go with whatever the client decided: the translation they suggested originally, or our recommendation. There is nothing unusual on the scenarios above.
Unfortunately, sometimes lack of communication by the client, or by the interpreter, emotions, stubbornness, or negligence, put us where the interpreters’ rendition is not what the client wanted it to be. This is not an easy situation, and sometimes it gets more complicated when the foreign language speaker is using names, expressions, or terms different from those expected by the client. In this case, using the client’s preferred terms while interpreting a foreign speaker would not be “interpreting”. We cannot do that, even if we think it would make our client happy.
I can recall two instances during my career when I faced this dilemma and I took two very different approaches, one more fortunate than the other:
Providing my services as a court interpreter decades ago, when I had been an interpreter for just a few years, I found myself interpreting a criminal case hearing; this court procedure is called “Change of Plea Hearing”, and it is the opportunity a defendant has to waive trial, admit responsibility for the commission of a crime, and hope for a lighter penalty than the one they could have received if found guilty by the court. These hearings result from a negotiation between the defendant’s attorneys and the prosecution, and they involve an agreement where the prosecutor agrees to reduce the charges, or to dismiss some of the charges on the indictment in exchange for an admission of guilt to a lesser offense.
Here, the defendant, a Spanish speaker, was going to plead guilty to a crime that carried a shorter term in prison than the charges originally charged. For the plea of guilty to be accepted, the judge had to be convinced that the defendant was acting free of coercion. As always, the judge went through a series of questions that the defendant had to answer through the interpreter (me). Everything was going fine until the judge asked the defendant if they were entering the guilty plea because in fact, they had committed the crime. The defendant responded (in Spanish) by sharing their version of what happened, and repeating time and again that they were innocent; that the person who committed the crime was somebody else. The hearing was interpreted consecutively, so I started my rendition. After I finished, the defense attorney, quite upset, addressed the judge and ask for me, the interpreter, to be removed from the hearing, for the defendant’s statement declaring his innocence to be taken off the record of the hearing, and for a replacement interpreter to be brought in. The complaint was that I was not interpreting what the defendant was saying, because, the defendant’s attorney said, they “were there to plead guilty to the lesser included charge.”
I immediately understood what was happening. The attorney was not happy with the defendant’s answers to the judge’s questions, and was looking for a way to fix the situation; the first thing that came to mind was to blame the interpreter. The judge hesitated for a moment, turned and asked me if I had anything to say in response to what the defense attorney had argued. I knew I was right. I had no doubt I had interpreted everything the defendant said as it was said in Spanish, so I respectfully stood by my interpretation. The defense attorney then argued that I was not telling the truth, because, although the defense lawyer did not speak Spanish, they had gone over the hearing and the plea with the defendant many times, so they knew what to say in court. This went on for a few minutes that felt like hours, and when the judge allowed me to reply, I answered in what I now understand was an emotional way. I told the court that “…I was interpreting what the defendant was saying, and I (was) very sorry the defendant was not saying what (their) attorney wanted (them) to say, but I could not change the statement so that the defense attorney (was) happy…” Eventually, the defendant continued to maintain their innocence, so it was clear that I had made no mistake.
My actions drove the point home, protected the rendition, kept the court record accurate, and showed the judge and others in the courtroom I made no mistake. I was proud of myself. However, as the years and decades went by, I realized that at the beginning of my career I sometimes was too emotional, and that subtracted from my image as a professional.
Let’s fast forward a few decades. This time, as a conference interpreter, I faced a similar situation in a diplomatic setting:
About a week before an assignment, the client contacted me in writing to let me know there were certain terms in the foreign language they liked to be interpreted into English in a certain way because these were the terms found in legislation, doctrine, contracts. I had no problem with that, so I acknowledged receiving the memo and assured the client their preferred terminology would be used during the assignment.
On the day of the event, my client was the first one to address the conference and we translated all terms into Spanish as requested. Next a delegate from a Spanish-speaking country addressed the attendees on the same topic, but they did not use the terms given to the interpreters as “preferred” by our English-speaking client. In fact, the Spanish speaker was using very different terms that could mean the same, but were equivocal. I made a split-second decision during my simultaneous rendition, to translate the terms used by the Spanish speaker as they translate into English, not as the English-speaking client expected us to translate the terms previously provided. I did this intentionally because the terms used by the Spanish presenter were equivocal and I was in no position to decide whether or not this person was referring to the same issues as the first speaker did when they spoke in English. I decided to let the two speakers, experts in the topic, determine if they were referring to the same or not.
Nothing happened and the conference continued. Some forty-five minutes later, the Spanish speaker intervened, and once again, they used the same terms as they had used earlier that day. I interpreted as I had previously done. This time, the English speaker client interrupted the Spanish speaker in their speech and said: “…I am sorry to interrupt, but I have to correct the interpreter, because he is not using the correct terminology for these issues. Instead of using ˂X˃ and ˂Y˃, he is saying ˂A˃ and ˂B˃.”
This is what I wanted to see happening from the start of the session, and it was finally happening. Unfortunately, the client blamed it on me, the interpreter, instead of asking the Spanish speaker if they were referring to the same issues, in which case, they would rather have them use the preferred terminology for legal, technical, and practical purposes. Fortunately, the Spanish speaking diplomat remarked that it had not been an interpretation issue, that they indeed were using different terms, that they had used these terms for a long time, but if the English speaker wanted them to use their ”preferred” terms for all the reasons already stated, they had no problem changing the wording of their documents, and thus using the terminology the English-speaking delegation felt more comfortable with. From that point on, everyone in the interpreting team used the “preferred” terminology and things went smoother. I was pleased the situation was clarified without me having to actively intervene, as I was ready to bring this up to my English-speaking client during the first break. Fortunately, it was unnecessary.
A few days later, I took this situation as an opportunity to explain the client why we cannot change things said during an interpretation just to make the client happy, and I asked them to use this experience as a lesson, so next time a similar situation arises, they ask the other party instead of assuming the interpreter made a mistake. The client wrote me back, thanking me for the note and apologizing for throwing the interpreter under the bus.
As a professional interpreter, I compared the two situations I describe here, and saw how although they were both resolved favorably, I acted emotionally the first time, and now, many years later, I acted professionally, set the conditions for the issue to be worked out by the parties involved, and sending a note to the client, telling them, respectfully that interpreters cannot change what is said in a foreign language, just to please a client.
The interpreting profession could be worthless here.
April 8, 2019 § 4 Comments
All professions must be on their toes to protect their members and guard themselves from outside forces that, from time to time, try to destroy them by lowering their ethical principles and standards, compromising the quality of their professional services, or eroding their public trust. This is one of the main reasons professionals organize in associations like the American Medical Association (AMA); attorney national and state bars like the American Bar Association (ABA); or institutes like the American Institute of Architects (AIA).
Unfortunately, in the United States and other countries, our profession does not have such a body to protect the services we provide and the minimum requirements to practice interpretation. With no compulsory membership of a professional association, and associations that only serve their members’ interests (and sometimes not even that when corporations are welcomed as members) or are of a culture so foreign to the United States it makes them unattractive to the American idiosyncrasy, all we have left are the individual efforts of some of our colleagues, labor unions or guilds where they exist, and some local professional associations willing to protect us all, even those who are not their members.
During the last twelve months we have been attacked at an unprecedented rate: The associations of agencies’ efforts to overturn California’s Supreme Court Dynamex decision that empowers independent contractor interpreters by giving them leverage to negotiate with multinational and unscrupulous agencies that abuse their position of power when hiring individual interpreters; The Oregon Judicial Department Court Language Access Services (CLAS) change to the Uniform Trial Court Rules (UTCR) stripping court interpreters working in that state of their right to sight translate documents in court; and the California so called “Language Access Plan” (LAP) providing free interpreting services to anyone who requests an interpreter in Civil matters, regardless of their income, and depriving court interpreters in that state from practicing their profession in civil courts.
All nefarious actions setting our profession back many decades, but none as alarming and devastating as an effort by some Texas State legislators to lower the requirements to practice court interpreting in that state to a historical low. Please read this post even if you are a reader from another country, or if you do not interpret in court. It is that important.
Texas never distinguished itself as a state where court interpreting certification was universally appreciated or desired. It was a late-comer to the sphere of states requiring certification to practice as interpreter in the state courts. After much back and forth, the State settled for a licensing system that resembled the state certification program adopted by most states. Despite the unfortunate grandfathering of some subpar “interpreters” who had “practiced” for a long time before licensing became the law of the land, Texas eventually offered the National Center for State Courts (NCSC) exam offered in other states. For reasons difficult to explain and defend, after some debate, it was decided that Texas would have a two-tier licensing system for court interpreters: Those passing an English monolingual written exam with a score of 80 percent, and all three sections of the oral test (sight translation, consecutive, and simultaneous interpreting) with a score of 70 percent on all three sections are granted a “master” license. Candidates who pass the English monolingual written exam with a score of 80 percent, and all three sections of the oral test (sight translation, consecutive, and simultaneous interpreting) with a score of 60 percent on all three sections are granted a “basic” license. These “basic” interpreters can only appear in minor cases decided in courts not of record. (http://ow.ly/OL9Y30olqdH)
These requirements fall short when compared to the federal minimum standards (on a more difficult exam) and to the minimum requirements in most states. The National Proficiency Designations for Court Interpreters of Spoken Languages classifies court interpreters in languages for which a NCSC -sanctioned oral exam is available in four categories. Tier one, the higher category, encompasses those interpreters certified by the Administrative Office of the United States Courts (USAOC) commonly known as “federally certified court interpreters”, and state-certified court interpreters who obtained in one cycle (because some states allow certification in installments!) a minimum score of 80 percent in the simultaneous and consecutive portions of the exam, and a minimum passing score of 75 percent on each of the two sight translations (English into the foreign language, and from the foreign language into English) with a minimum combined score of 80 percent.
Candidates certified in at least one state who passed the NCSC exam within 12 months of the certification with a score of at least 70 percent in each of the simultaneous and consecutive interpreting sections of the oral test, and a minimum score of 65 percent on each of the two sight translations (see above) with a minimum combined score of 70 percent are classified as Tier 2 interpreters. This means that an individual can have a “master license” in Texas and be classified as a Tier 2 interpreter nationwide. Individuals getting, in one test cycle, a passing score of 60 percent in each of the simultaneous and consecutive parts of the exam, and a minimum score of 55 percent on each of the two sight translations (see above) with a minimum combined score of 60 percent are classified as Tier 3 interpreters. (https://www.ncsc.org/~/media/Files/PDF/Services%20and%20Experts/Areas%20of%20expertise/Language%20Access/VRI/1%20National%20Interpreter%20Database/National_Proficiency_Designations_for_Court%20Interpreters.ashx)
I know this looks bad, but that is not the problem that motivated me to write this piece. At this moment the Texas State Legislature is in session, and they are considering a bill that will eliminate the two-tiered licensing system and create a single state court interpreter license. Unfortunately, instead of amending the statute to raise the bar, these legislators are trying to lower it. This would open the door to anybody with no training or formal education, no skill or knowledge, to portray themselves as “licensed court interpreters”, destroying the profession in the Lone Star State. This very concerning bill was introduced by State Representative Ron Reynolds of Ft. Bend, Texas and it is being debated in the Texas House at the House Judiciary and Civil Jurisprudence Committee as HB 3627 (https://capitol.texas.gov/tlodocs/86R/billtext/html/HB03627I.htm?fbclid=IwAR0Vqopuc7tzdm9laroZc3_UP-gr0e2ZZeCw47Zx9xH3xRp-jxZrRQK6KNc)
Its companion bill was just introduced in the Texas State Senate on March 21, 2019 by Democratic Senator Borris Miles of Harris and Ft. Bend Counties as SB 2176. It was immediately referred to the State Affairs Committee. The City of Houston is in Harris County, and Ft. Bend is the county next door. (https://legiscan.com/TX/text/SB2176/id/1952181?fbclid=IwAR3OseP5xQbVL_sPx4SpnRHs-uN1f-stA5fGymG5-eyN-IZZ8vEECWtR8nM)
All of us, especially our colleagues in Texas, need to contact these legislators, raise awareness within the legal community and interpreter associations, and educate the general public. You can reach Representative Reynolds at: (281) 208-3574, and (512) 463-0494. Senator Miles at: (512) 463-0113, (713) 665-8322, (281) 261-2360 and (713) 223-0387.
Can you imagine going to a surgeon with a record of losing 4 out of every 10 patients he operates on? Would you go to a lawyer who loses 4 out of every 10 trials? I do not know many people who would pay a dentist who pulls out the wrong tooth forty percent of the time, and I cannot think of anybody who would get on a plane knowing that the pilot knows only 60 percent of what you need to know at a minimum to safely fly to a destination. These may seem like exaggerations, but they are not. This is what the Texas Legislature is considering right now. Their answer to a shortage of professionals is not to promote the profession or legislate to make it more attractive. Their plan is to lower the bar so low anybody who can order a beer south of the border can interpret a death penalty case.
These are very serious consequences, but we should let activists and human rights advocates fight these issues with the State Legislature. We must focus on a different issue derived from the same bill; an issue nobody else will fight to defend: Our profession. We have to stand united against the destruction of our profession by a group of uninformed legislators who obviously lack basic understanding of what interpreters do. We have to fight against this bill or the profession will die in the Lone Star State. Our colleagues will lose a significant market share to those pseudo-interpreters who will flood the market and charge rock bottom fees, because they will look great when compared to the money they now earn flipping hamburgers at the fast food joint around the corner (noting against fast food workers, admired, honest individuals, but they are not interpreters). Our colleagues, those real professionals that call Texas home, will also share on the stigma of living in a state where everybody and their brother can interpret in state court. Their reputation will suffer, not with their trusted clients who appreciate their services, but in the public opinion. There is no justification for this legislation in a state that should be concerned with raising professional standards instead of eliminating them all. Please take action individually, in your professional circle with clients, family, and friends; it does not matter you are a conference interpreter, or that you work in the hospitals, or that you live in Illinois. You can even protect the profession from abroad. Talk to your local interpreter associations; contact NAJIT at the national level, and TAJIT, EPITA, HITA, MITA, AATIA, TAHIT and all other associations in Texas.
I now invite you to share with the rest of us any other ideas you may have to fight against this travesty in Texas.
When client and agency do not listen to the interpreter.
April 3, 2017 § 5 Comments
After years of working as a professional interpreter you get to see and live many things. It is called experience. Learning from our mistakes, observing the way other colleagues solve a problem, and years of practice and study make us better interpreters, and gives us the confidence to tackle tough assignments.
Once, years ago, I was retained to interpret during a very important event with the participation of some of the highest government officials from many of the most powerful countries in the world. The event was held in one largest city in the world. It involved several interpreter booths, and interpreters of different language pairs.
The assignment, we were told, was to take place at three venues and it would include all of the guests: A big ballroom for a round table discussion by the dignitaries during the morning session; a press conference in a separate room but at the same facility right before lunch; and where they would eat, there would be several speeches by some of the distinguished visitors right after lunch. In my particular case, the Spanish booth would have several dignitaries needing interpreting services.
The city hosting the event is a world-class city that holds many top-tier events throughout the year, but it is not the capital of a country. The local government officials in charge of the activities had great experience with logistics of summits like the one about to take place, and the local interpreting agency is arguably the best one in the region. Unfortunately, they were overconfident and did not prepare for an event involving so many celebrities and such a myriad of languages.
The interpreters in the booths, and the interpretation equipment technicians, who are often the same all over the world, had worked in these conditions many times and knew what needed to happen.
From my first telephonic conversation with the agency, certain things had not been planned thoroughly and I raised my concerns. The main problem was that, after the first session, the dignitaries would have a press conference somewhere else in the building, but unlike the first ballroom, this time there would only be interpreter booths for certain languages: the ones expected to get most questions from the media, and Spanish was not one.
When I asked what would happen if one visitor was asked a question, I was told to just walk to him, whisper the question in his ear, and interpret the answer consecutively. Logically, I had the two obvious follow-up questions: How am I going to find my way to the guest quickly when surrounded by so many bodyguards; and second: What about the context? Are these VIPs supposed to divine what was said before the interpreter gets to them? Had they thought that these visitors would have no context and no idea about everything said in the press-conference up to that point?
First I was told that they would look into it. Days later nearly at the event, I was told that things would stay the same despite my objections and concerns. I suspected something would get ugly the next day but it was too late to back out of the project. I was left with one last recourse: Use my experience as an interpreter to do the best I could under those circumstances.
When I arrived to the ballroom on the morning of the event, I was greeted by a well-known interpreter equipment technician who told me right away: “You know there are no booths for you at the press conference and at the luncheon, right?” Well, I knew about the press conference, but the luncheon situation was news to me. I was told that only the English, Arabic and French interpreters would have booths at those two events. I just threw my hands up in the air, smiled, and told him: “well, at least it couldn’t get any worse, right?” He looked at me right in the eye, and answered: “at least you are not the Korean interpreter. They don’t have a booth here either. The will be asked to sit right behind the Korean delegation and whisper the entire thing…” I just turned around and retrieved to the safety of my “morning-only” Spanish booth.
The morning session went fine. My colleague in the booth and I did our job as usual and the round-table moved along as scheduled. I must say I was impressed by the professionalism of my Korean colleagues. After taking a deep breath when they learned there would be no booth, they went to their delegation, sat behind them, and interpreted magnificently without complains or remarks about the adverse circumstances they encountered.
We moved on to the second event. The Spanish interpreters were lucky at the press conference because there were no questions to any of our clients. I felt bad for them as they sat there without understanding a word of what happened during the session, but at least I was not in the shoes of the Portuguese interpreters who had to do their best Harry Houdini impersonation to squeeze in and reach their delegations from Brazil and Portugal to do a whispered rendition for their clients, without the benefit of any prior context, followed by a consecutive interpretation of a long answer by one of the two delegations.
The luncheon was another disaster with little room for extra chairs for the interpreters and without headphones. I call this interpretation “silverware interpreting” because it is difficult to hear anything a speaker is saying when you must listen over your own voice and the symphony of spoons, forks and knives dangling against the china. I heard no derogatory remarks, but the delegations were not happy with the interpreting infrastructure offered by the program organizers.
I realized there are no valid excuses for these mistakes. It is understandable that clients and agencies who rarely work these events, especially if they are monolinguals, may not think of all these basic needs of the foreign language audience; what is inexcusable is to ignore the interpreters’ and sound technicians’ comments and observations when they live and breathe these programs. Ignorance or stinginess should never be an obstacle to the correct delivery of a professional service.
I now ask you to share with the rest of us those times when you knew more than the agency or the client but they did not listen.
Do some state courts treat foreigners as second-class litigants?
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.
A promise to the Iraqi interpreters.
January 31, 2017 § 3 Comments
September 11, 2001 changed the lives of everybody in the United States and in many ways it also changed the way so many live around the world. After the despicable attack on the American people, the U.S. embarked on two armed conflicts in a land thousands of miles away from America, and in so many ways different from the west.
Many young Americans were sent to the Middle East to fight these wars in Afghanistan and Iraq. Most of them were brave service men and women unfamiliar with the geography, culture, traditions, and languages spoken over there. It became apparent that communicating in the local languages would be essential to the success of the military operations and to the safety of all Americans, military and civilian, in harm’s way. It was then that the United States armed forces recruited native speakers from the local population who spoke English, and were familiar with the culture and social structure of local tribes and governments, friend or foe.
Soon, these brave volunteers from Afghanistan and Iraq learned basic military skills and protocol, acquired the necessary knowledge to serve as a communication conduit between the Americans and the local dwellers, captured prisoners, and members of the official armed forces of Iraq and Afghanistan; they became the conflict zone interpreters of the United States Armed Forces. Many of them were motivated by their resentment towards the local governments and the corruption of their local officials, others did it out of hope for a new regime without religious persecution; some participated because of their sincere admiration for the United States and its values. All made the commitment to serve as interpreters for the Americans despite the fact that they well knew that they were risking their own lives and those of their family members.
In exchange for these invaluable and much needed services, the American government promised these interpreters that at the end of the conflict, those who were alive, and their families, would be taken to the United States to start a new life away from any potential risk they may encounter in their home countries as a result of their cooperation with the U.S. during the war. This was an essential part of the agreement. These conflict zone interpreters knew that their heads would have a price once they started working for the Americans. They understood that they were not just risking their lives during the fire exchanges or door-to-door raids; they knew that if left behind by the United States, they would be subjected to unspeakable harm by those who considered them traitors. These interpreters and their families would be killed without a doubt.
When it was time to honor their end of the bargain, these brave interpreters fulfilled their promise by acting as communication liaisons and cultural advisors, to the Americans they were embedded with. They interpreted under the most extreme conditions: in the middle of a fire exchange, during unpleasant interrogatories, when helicopters were flying over their heads making it next to impossible to hear what a soldier or an enemy were saying, and while they were running for cover.
Once the U.S. decided to withdraw from the region, the surviving conflict zone interpreters expected the United States government to fulfill its end of the bargain and take them and their families to the United States. They had risked it all honoring their commitment to interpret from Dari, Pashto, Arabic, Kurdish, Syriac, Armenian, Turkmen, Hazaragi, Uzbek, Balochi, Pashayi, and others languages, into English and vice versa. Now they waited for Washington to live up to its promises and protect them from the animosity and rancor that permeated their towns and villages.
The U.S. government slowly responded and started the immigration process for these born-abroad American heroes. Unfortunately, and to the dismay of the conflict zone interpreters, the men and women in the military they had helped and protected during the wars, and the international interpreter community, the process came ever so slowly. The entry visas were granted at a piecemeal pace. In fact, to this day, many of these interpreters and their families remain abroad, waiting for their entry visas, and worrying about the violence that constantly surrounds them back home.
Despite the efforts of many professional interpreter organizations and other non-governmental entities demanding that immigration authorities speed up the process, many of these conflict zone interpreters and their relatives have lost their lives during this wait. It is important to mention that the United States government is not the only one delaying the issuance of these entry visas; regretfully, most western governments are doing exactly the same.
I have been fortunate to meet several conflict zone interpreters, and I am honored that some of them call me their friend. They are regular people. They have interpreting stories they like to share just like you, and they have tales of horror that leave you speechless after you hear them. Tales of fathers killed right before their eyes, older brothers recruited for the army against their will in the middle of the night, mothers and sisters raped in their presence, friends and relatives they never saw again. They went through so much, and yet they are kind, friendly people full of gratitude to the United States for bringing them to a safe place.
It is in the middle of this environment that President Trump’s executive order requiring “extreme vetting” before allowing entry to citizens of several countries becomes enforceable on January 28, 2017. Immigration officers inspecting foreigners arriving at all ports of entry to the United States are ordered to deny entry to all people from seven countries: Iran, Syria, Sudan, Libya, Yemen, Somalia, and Iraq. The ban includes those individuals who present a visa to the immigration authority, and even those who have been adjudicated status as lawful permanent residents of the United States. Tragically, the executive order includes all Iraqis without any distinction; among them: all Iraqi conflict zone interpreters who were entering or reentering the country (certain individuals were excluded from this order for national interest reasons, but that is irrelevant to this post). To add insult to injury, the first Iraqi denied entry to the country at JFK International Airport in New York City was a conflict zone interpreter: Hameed Jhalid Darweesh!
What happened to the promised made to our Iraqi colleagues a decade and a half ago? They fulfilled their commitment to the United States, are we not?
Dear friends and colleagues, President Trump’s executive order covers many issues and has many consequences in the real world. As expected, it was challenged in federal court, and like all lawyers knew, the court granted a stay pending a hearing on the merits in February. I understand that many of you oppose the executive order in its entirety; I am also aware that many of you support it. This is not the place to attack or defend these different points of view. As a lawyer, I believe that some of its content will be overturned and some will be upheld by the courts. Those of you in favor or against the order will no doubt pursue different means to make your voice heard. What I ask you on this entry is non-partisan: We must protect our profession, we have to support our conflict zone interpreter colleagues.
Please understand that the stay ordered on Saturday by Judge Ann Donnelly is temporary. Do not believe news reports, like Yahoo News, that immediately informed that the president had lost. That is false. What the judge did this time happens very often in cases when the potential damage caused by a government act could be serious and irreparable. The court has to hear the case on its merits and then decide. This will happen next month, and at that time, she may decide that the government is right, that the government was wrong, or most likely, that part of the executive order is constitutional and part of it is not. Even in the event that the judge rules the order unconstitutional, the Administration will appeal the decision. I have no doubt that this case will end up before the United States Supreme Court.
This is too much of a risk. We have to defend our profession. We have to make sure that the promises to our Iraqi conflict zone interpreter colleagues are kept; that the agreement they entered over ten years ago is honored by our government. We have an opportunity to set precedent in our legal system so that it is clear that in the future, those foreign colleagues who cooperate with the United States in other conflict zones, regardless of geographical location, are protected and treated honorably once it is time to come back home.
Regardless of anything else you may do for or against this executive order, I invite you to contact the White House and the Department of Homeland Security and tell them to support an immediate exception to the executive order excluding from the ban all conflict zone interpreters and their families. Explain to them that they risked their lives for the sake of our country, and that the United States promised to protect them and bring them to America. Ask them to keep our promise the same way they kept theirs. If you live in a State of district where your senators or representatives are Republican, please call both: their local and Washington office to let them know that these colleagues are heroes who fought for the United States and saved the lives of many of their constituents’ sons and daughters by putting their own lives on the line. We have to do this. We cannot wait for the outcome of a court case that could take a long time and could grant admission to some of this interpreters and exclude others, particularly those who have never entered the U.S.
We have to make sure that the exception to the executive order, and any future legislation, will cover three types of conflict zone interpreters and their families, regardless of their country of origin: (1) Those already admitted to the United States who may reenter the country after a visit abroad; (2) Those already granted a visa to come in who have yet to enter the U.S., and (3) Those colleagues whose application for admission is still pending adjudication or pending a final decision after an appeal or reconsideration of an original denial. They all assisted the members of our armed forces. All of them have to be protected.
I know that some professional associations like AIIC, FIT and IAPTI, nonprofit organizations like Red T, which advocates for interpreters in high risk settings, and some interpreter programs like InterpretAmerica will make their voice heard on this issue. That is great; however, nothing gets the attention of a legislator like the voice of their own constituents; this is why you must call, email, or physically go to their local office. Let them know what interpreters do and how crucial is our work. Many of you have spent a lifetime educating attorneys, judges, physicians, nurses, agency managers, event organizers, sound technicians, and many others, so this should come naturally to you.
To conclude, I thank you for supporting our Iraqi colleagues, for defending our profession, and for setting aside your personal political agendas for the cause that we all have in common: The interpreting profession. I now invite you to share with the rest of us your experiences with conflict zone interpreter colleagues, from Iraq or elsewhere, you have met here in the U.S. or abroad if you were serving in the military with any of them. I ask you to please do so without any politically charged arguments for or against the administration, and I ask you to limit your comments to conflict zone interpreters or their family members.
The scariest movies in all languages.
October 31, 2016 § 7 Comments
It is Halloween time in the United States and many other places. Whether a native tradition, or an imported commercial scam, the fact is that Halloween is now part of many lives. In past years, I have used this space to talk about the history of Halloween, we discussed monsters and ghouls, and we told ghost stories from around the world. This time I decided to share with you my fifteen scariest movies of all time. Contrary to what many think because of the enormous amount of films produced in the United States, my favorite horror movies of all time come from many continents and are in many languages. I think that we as interpreters should look for opportunities to practice our languages and improve our skills, and what a better way to live the Halloween experience than watching some foreign language films. There are plenty more movies, and my list may not include some of your favorites; if that is the case, please contribute to our list by posting a comment at the end, but for now, please let me tell you about the movies, in many languages, that kept me awake at night. I list them in chronological order, but I leave it up to you to decide which one is the scariest. Go ahead, dim the lights, get under the blanket, and prepare yourselves to be spooked:
Nosferatu (1922) Director: F.W. Murnau. Cast: Max Schreck, Gustav von Wangenheim, Greta Schröder, Alexander Granach. A wonderful silent movie about vampire Count Orlok who expresses interest in a new residence and a real estate agent’s wife. A classic based on the story of “Dracula.”
Dracula (1931) Director: Tod Browning. Cast: Bela Lugosi, Helen Chandler, David Manners, Dwight Frye. The legend of vampire Count Dracula begins here with this original 1931 Dracula film from Bela Lugosi. This is the film by Universal Studios that has inspired so many others, even more than Bram Stoker’s own novel. The movie is in English, but Bela Lugosi was Hungarian and had trouble with the English pronunciation, so the director decided that the vampire should speak very slowly and deliberately, giving Dracula, inadvertently, his unmistakable speech style.
Psycho (1960) Director: Alfred Hitchcock. Cast: Anthony Perkins, Vera Miles, John Gavin, Janet Leigh. When larcenous real estate clerk Marion Crane goes on the lam with a wad of cash and hopes of starting a new life, she ends up at the notorious Bates Motel, where manager Norman Bates cares for his housebound mother. The place seems quirky, but fine… until Marion decides to take a shower in this Hitchcock classic American film in English.
Even the Wind is Afraid (1967) Director: Carlos Enrique Taboada. Cast: Marga López, Maricruz Olivier, Alicia Bonet, Norma Lazareno. The film is about a group of students in an exclusive boarding school, where a student decides to investigate a local tower that has figured prominently in disturbing her recurring dreams of a hanged woman. She learns from the staff that the person in the dream is a student who killed herself years before, and that others have seen her ghost. This is a suspenseful Mexican movie in Spanish. (“Hasta el viento tiene miedo”)
Kuroneko (1968) Director: Kaneto Shindo. Cast: KIchiemon Nakamura, Nobuko Otowa, KIwako Taichi. Kuroneko (The Black Cat) is the tale of a band of marauding samurai who rape and kill two women in the countryside. Awoken by the titular feline, the spirit women vow their revenge on the samurai. Things get complicated when one of their intended victims turns out to be the son of one of the women and the husband of the other, long thought lost in battle. This is an engaging black and white movie in Japanese.
Rosemary’s Baby (1968) Director: Roman Polanski. Cast: Mia Farrow, John Cassavetes, Ruth Gordon, Sidney Blackmer. The movie tells us the story of a young couple that moves into an infamous New York apartment building to start a family. Things become frightening as Rosemary begins to suspect her unborn baby isn’t safe around their strange neighbors, and the child’s paternity is questioned. One of the greatest American horror films of all time. It is in English.
Hour of the Wolf (1968) Director: Ingmar Bergman. Cast: Max von Sydow, Liv Ullmann, Gertrud Fridh, Georg Rydeberg, Erland Josephson, Ingrid Thulin. In this, his only horror film, the Swedish master brings us the story of renowned painter Johan Borg who is recuperating on an isolated island with his wife when they are invited to the nearby castle and discover that the lady of the house owns one of Borg’s paintings (which we never see), of Veronika, the woman he loved and lost and whose memory begins to obsess him all over again, despite his wife’s steady, practical devotion. This is a great movie in Swedish, although not an easy one to follow, that is full of surrealism in Bergman’s style. (“Vargtimmen”)
The Exorcist (1973) Director: William Friedkin. Cast: Linda Blair, Max von Sydow, Ellen Burstyn, Jason Miller. This is a well-known American blockbuster about 12-year-old Regan MacNeil who begins to adapt an explicit new personality as strange events befall the local area of Georgetown. Her mother becomes torn between science and superstition in a desperate bid to save her daughter, and ultimately turns to her last hope: Father Damien Karras, a troubled priest who is struggling with his own faith. This film, in English, is a must see for all horror film fans.
Suspiria (1977) Director: Dario Argento. Cast: Jessica Harper, Stefania Casini, Flavio Bucci, Miguel Bosé. A true nightmare from Italian terror genius Dario Argento, Suspiria brings us a menacing tale of witchcraft as a fairy tale gone horribly awry. From the moment she arrives in Germany, to attend a prestigious dace academy, American ballet-dancer Suzy Bannion senses that something horribly evil lurks within the walls of the age-old institution. Besides all of its artistic and clever qualities, this Italian movie has another unique characteristic: Because the cast is multinational, and the actors spoke their lines in their native languages, the movie is dubbed into English, and sometimes the dubbing quality is less than top-notch.
Ring (1998) Director: Hideo Nakata. Cast: Nanako Matsushima, Miki Nakatani, Hiroyuki Sanada, Yūko Takeuchi. This original Japanese version of the movie is about a mysterious video that has been linked to a number of deaths, when an inquisitive journalist finds the tape and views it setting in motion a chain of events that puts her own life in danger. Nakata executes the film in an incredibly smart way, and brings the traditional ghost story firmly into the modern day by melding folklore and technology. There have been several imitations in Japan and elsewhere, but the original, in Japanese, is by far the best. (“Ringu”)
A Tale of Two Sisters (2003) Director: Kim Jee-woon. Cast: Im Soo-jung, Moon Geun-young, Yeom Jeong-ah. Based on a famous Korean folk story, the film centers on a pair of sisters who become suspicious of their new stepmother, when one of them starts to have some terrifying visions. From there, things get complicated. This is a true Korean horror movie with Korean actors speaking their language, and it is superior to the American remake released under the name “The Uninvited”. (“Hangul”)
Inside (2007) Directed by: Julien Maury and Alexandre Bustillo. Cast: Aymen Saïdi, Béatrice Dalle, Alysson Paradis, Nathalie Roussel, Nicolas Duvauchelle, François-Régis Marchasson. This French movie is about a grieving woman set to give birth at any minute, who is interrupted by a mysterious intruder who wants the unborn child for herself. The movie is cruel, sadistic and full of violence, including the scene where the pregnant woman accidentally stabs her mother to death, but it keeps you in suspense and very scared. The film is in French. (“Á l’intérieur”)
The Orphanage (2007) Director: Juan Antonio Bayona. Cast: Belén Rueda, Fernando Cayo, Roger Príncep, Mabel Rivera, Montserrat Carulla, Andres Gertrúdix, Edgar Vivar, Geraldine Chaplin. It is the tale of a mother and wife returning to the house where she was raised as an orphan, but she now brings her son who starts to see a little boy in a terrifying sackcloth mask, whom he befriends before mysteriously disappearing. The movie is really creepy, but it is also very sad because it deals with a ghost story in which the ghosts are as real as the grief they leave behind. I personally think that this is Spain’s scariest movie ever. In Spanish. (“El orfanato”)
Annabelle (2014) Director: John R. Leonetti. Cast: Annabelle Wallis, Ward Horton, Alfre Woodard. The movie is a sequel to “The Conjuring”, but in this one, by far scarier than the first on the series (there are more of them now) a couple is expecting their first child, and the husband gives his wife an antique doll she has been trying to find. At night, the wife hears a murder occurring at their neighbors’, and when she calls the police, she is attacked by a woman holding the doll and a male accomplice. The police arrives and kills the man while the woman kills herself by slitting her own throat. A drop of her blood falls on the face of the doll in her arms. Later, a news report shows that the assailants were Annabelle Higgins and her boyfriend who were part of a satanic cult in which they worship a demon with horns. Since Annabelle was holding the doll while dying, the couple tries to get rid of the doll, but this is the moment when all their troubles begin. I personally think this is an extremely scary movie. In English.
A Girl Walks Home Alone At Night (2014) Director: Ana Lily Amirpour. Cast: Sheila Vand, Arash Marandi, Mozhan Marnó, Marshall Manesh, Dominic Rains. This is a Farsi (Persian) language, American horror film about a young hardworking Iranian man who takes care of his drug-addict father who falls in love with a lonesome hijab-wearing vampire. The movie is in black and white, it was filmed in California, but the story takes place in a fictional Iranian city. Although not as scary as the other movies on the list, it is an interesting and different vampire tale. (“Dokhtari dar šab tanhâ be xâne miravad”)
There you have it, dear friends and colleagues. This is my list of scary movies. I hope you find some of them interesting enough to watch on Halloween; and I also invite you to share with the rest of us some of the titles that you think are very scary, and hopefully you will include some interesting films because of their language.
U.S. Immigration Court interpreters’ other enemy.
October 18, 2016 § 4 Comments
About two months ago the California immigration court interpreters started a movement to force the hand of SOSi and the EOIR with the goal of achieving better work conditions, a professional pay for the services rendered, and to keep the authorities from hiring new interpreters and interpretation students for a lower fee. This entry will not deal with the merits or the outcome of such movement. We will talk about the elephant in the room: the big obstacle to the professionalization of the interpreting services in American immigration courts that can be changed by the interpreters themselves.
I know that this blog entry will make some uncomfortable, and I do not like to do that. Unfortunately, my life-long effort to fight for the professionalization of interpreting does not allow me to keep silent. To me, that would be equivalent to betraying my own professional standards. I write this piece with respect and with no desire to offend, knowing that by the time some of you finish reading this article, you will feel offended. I only ask you to reflect on what bothered you, and honestly acknowledge, at least to yourself, that you are not really up to save the profession (as a true profession, not as a laborer’s occupation) in the immigration court arena.
For several years now, there has been a tendency to credentialize interpreters who provide services to the public, who perform a fiduciary function. Because of the wide variety of languages regularly spoken in the United States, and due to the millions of people who do not speak English at all, or at least good enough to go through a legal or medical process, most efforts have been applied to the certification of Spanish interpreters, by far the most popular foreign language nationwide, and finding other solutions for the other languages.
Court interpreters had an early start and developed the federal Spanish court interpreter certification exam. Many States followed and the States’ Consortium for State Court Interpreter Certification was born, later taking us to the current Language Access Advisory Committee (LAAC) and Council of Language Access Coordinators (CLAC).
Healthcare interpreters followed suit and developed two different interpreter certification programs (the Certification Commission for Healthcare Interpreters: CCHI, and the National Board of Certification for Medical Interpreters’ CMI program) both of them widely spread and recognized throughout the United States. Granted, the term “medical interpreter” to describe the functions of these professionals is less accurate that “healthcare interpreter”, and compared to the court interpreter certification federal and state-level exams, both healthcare certifications are way behind in content and degree of difficulty; but unlike court interpreter certification programs, healthcare interpreters have achieved something extremely valuable that court interpreters can only dream of: an examination administered by an independent entity, just like lawyers and physicians, instead of the uncomfortable government-run court interpreter programs that always raise the issue of the real conflict of interests when the entity certifying interpreters is the same one who hires them.
At any rate, healthcare interpreters in the United States now have a way to prove that they are minimally qualified to do their job, that they adhere to a code of ethics, and that they comply with continuing education requirements that will keep them current in language, interpreting, terminology, and medical issues. In other words, healthcare interpreters sitting at the table with court interpreters can now bring up their credential and feel at the same professional level than their legal colleagues, instead of having to give a speech about how certifications do not mean a thing, that it is working in the trenches that makes you a good interpreter, and that your field is so unique that no existing certification exam could test what is needed to work in that field.
Well, dear friends and colleagues, this takes me straight to a very real, and somewhat uncomfortable problem, faced everyday by immigration court interpreters in the United Stets: They have no certification program requirement to work in court, and for that reason, there is no way to prove a certain minimum level, thus allowing bad interpreters to work in the immigration court system for years.
Court interpreting is a highly skilled occupation that requires of a professional provider. By its nature, it is also a fiduciary function where a judge, attorneys, respondents and witnesses must trust the knowledge and skill of the interpreter who will speak throughout the proceedings while at least half of those present will not understand a word of what was said. It is an awesome responsibility that cannot be left to the paraprofessional or the untested.
Presently, all Article Three courts in the United States, at all levels (federal and state) have a Spanish language court interpreter certification program that includes minimum requirements to take the exam, passing a comprehensive and difficult test (at least at the federal level), observing a code of ethics, and (with the exception of the federal program) complying with continuing education in the legal, interpreting, and language fields to be able to keep the certification. These courts are part of the Judiciary Branch of government.
Immigration Courts are not a part of the Judiciary. They are in the Executive Branch of government and are referred to as Article One courts because of their legal basis in the U.S. Constitution. The thing is, my colleagues, these courts deal with societal, family, and personal values and interests as important as those heard by Article Three judges. They are courts of law that abide by a set of substantive and adjective laws. For practical reasons, they operate just like any judicial court: there is a judge, there are parties (one of them will be the government just like in criminal law), there are witnesses, and there are attorneys. Although the controversies are different, immigration proceedings also include a first appearance, motions hearings, a court trial, and a verdict. There is a burden of proof, rules of evidence and procedure, and the possibility of an appeal to a higher court (Board of Immigration Appeals). The fact that the terminology calls these hearings “master calendar”, “bond redetermination”, “credible fear”, or “individual hearing” does not make much difference. The cases are as different from those interpreted in an Article Three courtroom, as a criminal case differs from a civil or a family law proceeding.
The skills required to interpret are the same as in any other type of court proceeding: There is a need for simultaneous and consecutive interpreting, as well as sight translation. Interpreters use equipment just the same (in fact, in many cases even the same brand), and the expected ethical and professional conduct of the interpreter is the same.
It is a fact that immigration court interpreters are disrespected by their client: the EOIR on a daily basis. There is no denial that they make little money, work long hours, and they do it solo, regardless of the complexity or duration of a hearing. It is also well-known that they are treated in humiliating fashion by being forced to jump through many administrative hoops that no other court interpreter will ever face, in part because they are subcontracted by a multinational agency that tries to keep control over the interpreters without physically being at the courthouse, but also in part because interpreters are not considered professionals, they are not acknowledged as officers of the court.
I firmly believe that the only way to earn the credibility they need so much, Spanish language (for now, and ideally all widely used language combinations later) immigration court interpreters in the United States must demand a court interpreter certification requirement to be able to work. They need it for their credibility among their peers and with the public opinion. Once they have a credential, together with a code of ethics and continuing education requirements, they will be in a much better position to negotiate with anybody.
Because immigration court is a federal matter, and the services provided by the interpreter are the same as the ones in all federal courts, I think that the certification they need to have is the already existing FCICE. It would be very simple, all they need to do is convince the EOIR of this need. The exam already exists, all these interpreters would need to do is register and take the test. Then, if both, EOIR and the immigration interpreter community think it is appropriate, there could be a short immigration terminology exam (although I don’t think it necessary just like current certified court interpreters do not need to test every time they interpret a different kind of hearing. Part of an interpreter’s duty is to get ready for an assignment and that professional obligation should be enough). This would be the best way to demonstrate that their simultaneous, consecutive, and sight skills are at a minimum level to deserve that trust we discussed above. In fact, by getting EOIR to agree, immigration interpreters would have until the Summer of 2018 to take and pass the written portion of the federal exam, and then until the Summer of 2019 to take and pass the oral test. In the meantime, it could be agreed that those currently working would continue to do so until the Summer of 2018.
This solution would immediate put immigration court interpreters at the same negotiating level as their Article Three federal counterparts; In fact, it would benefit everyone: Currently federally certified Spanish court interpreters would consider working in immigration court as the pay would be the same (or almost), and newly federally certified immigration court interpreters would have the opportunity to broaden their professional horizons and work in federal courts.
Of course, this means that two things must happen: First, the certification exam cannot be a “Mickey Mouse test” like the ones offered to immigration court interpreters by multinational agency contractors; they have no scientific value and a very poor reputation. And second, immigration court interpreters need to understand that those who do not pass the exam must go, regardless of the time they have been a fixture at the immigration courthouse. Any other “solution” would defeat the purpose and discredit the credential. This, my friends, is the “other” enemy of the U.S. immigration interpreter: the bad interpreter who has never been able to pass a court certification exam, knows that they never will, and spend all their time and energy trying to convince others that certifications are worthless, exams are rigged, and that the only way to learn the profession in in the courtroom. These people have to go away. They are like a cancer that is slowing down the progress of the rest of their colleagues.
To argue “unity” to protect and keep these individuals is misleading. Professional unity can only happen among professionals, and the individuals I just described above may be paraprofessionals but they are definitely not professional material. Imagine for one moment going to the hospital for emergency surgery and being told that the person who will operate on you has never taken or passed the Board, but has a lot of experience. Would you let this non-doctor cut you open?
I understand it is very hard to set aside our emotions and empathy for these individuals, but it is time to think of yourselves, your families and your peers. Unless you want to continue to struggle as an immigration court interpreter, you have to get certified. A decision to dodge the certification issue, or to settle for a lower standard of certification, because someone who cannot pass the test convinced you to support other options, will be a vote for the status quo, sacrificing the good ones to protect those who do not deserve to be there.
Understanding the Electoral College in the United States.
October 11, 2016 § 3 Comments
During my career I have noticed that every four years during the Presidential election season in the United States many interpreters are faced with the Electoral College topic even when their assignments are non-political. Because of its American uniqueness, this topic presents a challenge to many colleagues who usually work outside the United States and to others who live in the country but grew up somewhere else. In fact, the Electoral College is one of those issues that many Americans do not fully understand, even if they vote every four years. Interpreters cannot interpret what they do not understand, and in a professional world ruled by the market, where the Clinton and Trump campaigns are dominating broadcasts and headlines, this topic will continue to appear on the radar screen. Therefore, a basic knowledge of this legal-political process should come in handy every four years.
Because we are in a very “different” campaign and Election Day will be here before we know it, I decided to put my legal background and my passion for history to work:
Every four years when an American citizen goes to the polls on a Tuesday in November to elect the new president of the United States, that individual does not vote for any of the presidential candidates. We Americans vote for a preference (Republican, Democratic and occasionally other) and for electors who will go to Washington, D.C., the nation’s capital, in the month of December to cast all electoral votes from that state, in favor of the candidate who represents the preference of the majority of the state voters as expressed on that Tuesday in November. In other words, we vote for the people who will go to Washington D.C., to vote on our behalf for the presidential candidate who received the most direct votes from the citizens of that state during the general election. After the November election, those electors are pledged to the candidate who received the most votes in that state. The result: We have direct vote elections in each state, and then we have the final election in December when the states vote as instructed by the majority of its citizens. It is like a United Nations vote. Think of it like this: Each state elects its presidential favorite; that person has won the presidential election in that state. Now, after the November election is over, the states get together in December as an Electoral College and each of them votes. This is the way we determine a winner. Each state will vote as instructed, honoring the will of its citizenry. We do not have proportional representation in the United States.
Historically and culturally this country was built on the entrepreneurial spirit: Those who risk everything want everything, and when they succeed, all benefits should go their way. We are an “all or nothing” society. That is even reflected on our sports. All popular sports invented and played in the United States have a winner and a loser by the end of the game: We do not like ties because we associate a tie with mediocrity. A baseball game can go on forever until a team wins. We do the same in politics. Once the citizens have voted, the winner gets all the benefits, in this case all the electoral votes; it does not matter if he or she won by a million votes or by a handful. You may remember how President George W. Bush was elected to his first term; he won the state of Florida by a very small margin, but winner takes it all, therefore all of Florida’s electoral votes went to him and he became the 43rd. President of the United States. Thomas Jefferson and John Quincy Adams got to the White House with a smaller margin than George W. Bush.
I mentioned earlier that we like the principle of winner takes it all. Although that is true, we are a country of fairness and justice with such diversity that the only way to achieve this goal is through a balance of the rights of the people on one side, and those of the states on the other. (For those who have a difficult time understanding why the states have rights separate from the people, please imagine the United States as a mini-world where each state is an independent country. Then think of your own country and answer this question: Would you like a bigger or more populated foreign country to impose its will over your country, or would you like for all countries to be treated as equals?) In December when the electors or delegates from each state meet as an electoral college in Washington D.C. to cast their state’s electoral votes, all states have a voice, they are all treated as equal. This is the only way that smaller states are not overlooked; their vote counts.
We find the final step to achieve this electoral justice to the states of the United States of America (all fifty states and territories that make this country) and to the citizens of the country in the number of electoral votes that a state has; in other words, how many electors can a state send to Washington D.C. in November. The answer is as follows: The constitution of the United States establishes that there will be a House of Representatives (to represent the people of the United States) integrated by 435 members elected by the people of the district where they live. These districts change with the shifts in population but additional seats are never added to the House. When the population changes, the new total population are divided by 435 and that gives you the new congressional district. The only limitations: An electoral district cannot cross state lines (state borders) therefore, occasionally we will have a district slightly larger or slightly smaller, and every state must have at least one electoral district (one house member) regardless of its population. The American constitution establishes that there will be a Senate (to represent the 50 states) integrated by 2 representatives or members from each state for a total of 100 senators elected by all the citizens of that particular state. When new states have been admitted to the Union (the last time was 1959 when Alaska and Hawaii became states number 49 and 50 respectively) the senate grows by two new members.
As you can see, all states have the same representation in the Senate (2 senators each) regardless of the state’s size or population. The House of Representatives on the other hand, has more members from the states with larger population, but all states have at least one representative in the house. This way the American system makes sure that the will of the majority of the people is heard in Congress (House of Representatives) and it assures the 50 states that all of them, even the smaller ones, will be heard as equals in the Senate. You need both houses of Congress to legislate.
Going back to the Electoral College, the number of electoral votes each state has is the same as its number of Senators and Representatives. The total number of Senators and Representatives is 535 (435 Representatives and 100 Senators) Washington D.C. is not a state, therefore it has no Representatives or Senators, but it has 3 electoral votes to put it on equal footing with the smaller states for presidential elections. Therefore, the total number of electoral votes is 538. Because of this totals, and because of the American principle of winner takes it all that applies to the candidate who wins the election in a state, to win a presidential election, a candidate must reach 270 electoral votes. This is the reason why California, our most populated state, has 55 electoral votes (53 Representatives and 2 Senators) and all smaller states have 3 (remember, they have 2 Senators and at least one Representative in the House)
The next time you have to interpret something about the Electoral College in the United States remember how it is integrated, and think of our country as 50 separate countries who have an internal election first, and then vote as states, equal to all other states, on the second electoral round in December. Because on November 8 of this year we will know who won each state, we will be celebrating the election of a new president, even though the Electoral College will not cast its votes for another month. It is like knowing how the movie ends before you see it.
Electoral votes by state Total: 538;
majority needed to elect president and vice president: 270
|State||number of votes||State||number of votes||State||number of votes|
|District of Columbia||3||Missouri||11||Tennessee||11|
|Indiana||11||New Mexico||5||West Virginia||5|
The expenses all interpreters must charge to the client.
September 27, 2016 § 10 Comments
One of the questions I get the most from students and new colleagues has to do with interpreter fees and expenses. We have covered professional fees from several perspectives in prior posts, but so far we have never really discussed the expenses interpreters should pass on to the client.
I write this entry with my conference interpreter colleagues in mind. Other interpreters can certainly benefit from this post, but they should always keep in mind that expense reimbursement in their professional practice might be governed or constrained by other considerations such as contractual limitations, government or institutional policies, and legislation.
If you work full time as a conference interpreter, or if you mainly do other type of interpreting, but you accept conference work on weekends, after hours, or during the summer vacation; mainly if you are new to the field, but also if you are a veteran who simply never figured out what expenses to charge to the client, this entry will put you on the right track.
Keep in mind that we will not deal with our professional fees here. That is a separate issue. You should have a set fee that you charge per day and per half-a-day of interpreting. In the past we have discussed how to arrive to the right fee and what to consider when calculating it. Some of you have attended my seminars on that precise topic. Remember, you must charge the professional fee for the service you render, and you should never have more than one fee for all clients (except for government or corporate professional service contracts where you agreed to a lower fee in exchange for consistency, volume, prestige, or many other considerations). For now, let’s set the fees aside, and concentrate on those expenses necessary to provide the service that the agency, government office, corporate entity, or end client must reimburse you after the service has been provided.
Notice that I am talking of reimbursement and not advance. I do this because that is the standard business practice and you should be prepared to work that way. Oftentimes, interpreters can lose a good client, or close an important door, simply because they asked for an expenses advance. We should always be prepared to cover these costs upfront. A good conference interpreter who is also good in business should always have money set aside for a plane ticket across the ocean, a hotel reservation, and transportation and food. Naturally, when dealing with new clients whose reputation is unknown to you (after a diligent inquiry on your part) it is always advisable to ask for an advance not just for expenses, but also for part of our fee.
As I said, in an overwhelming majority of assignments, you will be expected to pay first, and be reimbursed later, generally at the same time that your professional fees are paid; sometimes because of the accounting practice of the corporate or governmental client, reimbursement may take quite longer than the payment of your professional fee. You need to be prepared for this. Having an amount available to cover these costs while being reimbursed should be considered as a business investment on your part.
The question is: What expenses should I be reimbursed for?
First, if the assignment requires you to travel away from home, and your trip will be on the day before and the day after the event, you should charge one half a day of your interpreting fee for each of those two days. In other words, if you interpreted a conference that lasted three days, you should charge fees equivalent to four days of work:
½ day fee for travel day to assignment + 3 days of interpreting + ½ day fee for travel day back from the assignment = 4 days of interpreting fees
Next, you must be reimbursed for the airfare, train fare, or bus fare you paid to get to the out of town conference and back. Usually, the client expects you to ask for an economy ticket reimbursement, but in extremely long trips, you should ask for business class reimbursement, especially if you are going to work right after you land from crossing the Atlantic or the Pacific. As I have suggested in past posts, you should have a preferred airline where you are a frequent flyer so you can get upgrades to business or first class with your miles while the client is reimbursing you for the economy ticket. Please make sure to include here all other flight-related charges such as luggage fees, airport fees and taxes, visa fees when applicable, that you disbursed in order to get to the out of town venue.
You should also request a reimbursement of all hotel expenses that have to do with lodging: room fare, reservation processing fee, internet service in the room, and so on. Things like room service or pay-per-view movies in the hotel room cannot and should not be included in the reimbursement request. You should pick a business hotel, not a luxury hotel (unless the assignment requires it).
To have an idea of the price range you can charge to the client, in the United States, use the table of the GSA – Internal Revenue Service. It clearly states the maximum rate per room allowed for business travel by city and state. http://www.gsa.gov/portal/content/104877
Ground transportation should also be a part of your reimbursement, taxis from airports to hotels and back, and taxi rides from hotels to the event and back should always be reimbursed. In some cases, the client will even pay for ground transportation from your home to your town’s airport and back. It is possible, but you should negotiate it before you include these taxi payments in your reimbursement requests. Sometimes the client may want you to ride a passenger shuttle from the airport, and others could even suggest that you take the subway or another urban public transportation. I do not like that, but you should negotiate it with the client.
You must request a daily allowance for meals (Per Diem) for every day that you are away from home (travel and interpreting days). To eliminate the hassle of collecting receipts for every meal you have, in the United Stets, refer to the table of the GSA – Internal Revenue Service. It clearly states the Per Diem allowed by city and state. http://www.gsa.gov/portal/content/104877
If you are based in the United States and are traveling to a foreign country to provide the interpreting service, instead of following the table above, you will need to base your hotel and Per Diem expenses on the list that the United States Department of State publishes every year. It also contains the appropriate amounts by country and city. https://aoprals.state.gov/web920/per_diem.asp
Although I do not exactly know what requirements are needed to follow the same practice for those of you based in a European Union country, At least you can refer to the E.U. Per Diem list by country.
The following list can be used by those of you who live in Mexico: http://www.cualtos.udg.mx/sites/default/files/adjuntos/tarifas_viaticos_nacionales.pdf
Finally, you should be reimbursed for all other work-related expenses needed to provide the professional service such as parking fees, car rentals and gasoline, highway, tunnel and bridge tolls, photocopies, etc.
You should save all receipts or all other reimbursable expenses: airfare, taxis, hotels, etc. Even if the client does not ask for them, and you should always try to get reimbursed by the mere presentation of your professional fees and expenses invoice detailing reimbursable costs by category, it is a good practice to keep them in case they are needed, and for tax purposes as well.
It is possible that the client may offer to purchase the plane tickets, pay for the hotel directly, they may take you out to eat all meals, and so on. That practice is also acceptable, and in such cases you should only ask to be reimbursed for those costs that you paid for.
I hope you find this information helpful, and I sincerely expect you to pass all of these expenses to the client. That is how professionals work. I now invite you to post your comments regarding this very important part of our professional practice.