Ignoring court certifications is turning fashionable.

April 23, 2018 § 4 Comments

Dear colleagues:

Legal certainty is the foundation of any system of justice administration. Modern society cannot function in an environment where people are afraid to act because they ignore the outcome of their efforts. Human creativity and progress need a certainty that a set of actions will produce a desired outcome, and the peace of mind fostered by an absolute trust in an honest, capable and independent judge who will clarify what is confusing and decide what is contested according to law and equity.

All civilized nations enshrine these principles in their national constitution and create international courts of justice to address controversies that go beyond their own jurisdiction. To work, this system requires of honest, independent, capable, skilled, and knowledgeable professionals who serve as judges, attorneys and other officers of the court, including court interpreters.

No legal system can be fair when some are denied access to justice because of the language they speak, and no access to the administration of justice can be effective unless its services are provided by skilled professionals who have met rigorous standards set by the authority under the principles of equal justice uncompromised by expediency or convenience.

Every day we see how more nations adopt these principles, sometimes because of the realization of the truths above, and sometimes because the change is imposed by the unstoppable waive of globalization. Countries have changed their legal systems to incorporate these values, and as part of these changes, they have adopted legislation requiring court interpreters to be professional, ethical, skilled and knowledgeable. Some have called this process certification, others licensing, concession of patent, accreditation, etcetera.

Countries like the United States have developed a solid and reputable system of certification at both levels of government: federal and state.  Because the overwhelming majority of non-English speakers in the U.S. speak Spanish, all states and federal government have developed a certification process (licensing process in Texas) for Spanish language court interpreters. The federal government has issued federal court interpreter certifications in Navajo and Haitian Creole as well. To satisfy their local needs, states have adopted certifications for the most widely spoken languages, other than Spanish, in their jurisdiction; these certifications vary depending on the demographics of each state. Both, the federal and state judiciaries have adopted a system to classify court interpreters of languages without certification program as accredited or qualified.

Court interpreter certifications guarantee litigants and judges those officers of the court who provide interpreting services in a court procedure have demonstrated, through a rigorous scientific testing process, to have the minimum required skills, knowledge, and ethics to practice as professional certified court interpreters. Accredited and qualified court interpreters give litigants and judges an assurance that the federal or state system in charge of language access services was convinced of the skill, moral character and professionalism of these interpreters by alternate means to the certification process non-existent for that language combination.  It all boils down to the basic principle of legal certainty.

Many countries have a dual system of administration of justice: There is a judiciary as an independent branch of government that decides controversies between individuals, government entities, and in criminal cases. There is also a sui-generis administrative court system that exists not as a part of the judiciary or as an independent branch of government, but as an independent entity within the executive branch at both: federal and state levels. These administrative courts deal with civil law controversies of the administrative type where individuals dispute certain actions, benefits, entitlements, and rights that must be protected, conferred, or denied by an agency of the executive branch of government. The best known administrative courts in the United States are Immigration, Social Security and Workers’ Compensation.

Because these administrative courts are not part of the judicial branch of government, rules, policies and requirements pervasive in the judiciary do not extend to these so-called Article 1 Courts (because they are created by legislation, not the constitution) as opposed to Article 3 Courts (created by Article 3 of the U.S. Constitution). Rigorous criteria for court interpreter certification, created for legal certainty, are not applied or followed by most administrative courts, leaving the door open to those seeking shortcuts, opportunity, and financial gain with absolute disregard for judicial certainty and the best interests of the parties to a controversy.

A few weeks ago the Immigration Courts in the United States (Executive Office for Immigration Review, or EOIR) publicly announced they were hiring Spanish language interpreters nationwide to work in the immigration courts. Although this would place these interpreters directly under the supervision and control of the court, a big improvement over having people providing interpreting services in immigration court under the supervision of SOSi, the well-known language services provider that earned the contract by bidding lower than the rest, it is still bad policy that will eventually harm those who go to immigration court seeking relief.

EOIR’s announcement requires no reputable universally accepted court interpreter certification (federal or state level). It only requires candidates to pass a test with no scientific validation offered online.

This tendency to retain lesser qualified individuals for matters that could eventually affect someone’s life forever, such as a removal or an asylum case, is echoed by those who also settle for less interpreting quality in exchange for more money and argue that non-certified court interpreters, even if healthcare certified, or those who take cover under the unrecognized so-called “community interpreter” credential, are qualified to interpret depositions!

Depositions are a very delicate legal proceeding because they take place outside the presence of a judge. This means they require of an even more experienced certified court interpreter, not a lesser qualified paraprofessional. The most complex litigation, the ones involving enormous amounts of money, the ones often dealing with conflict of jurisdictions and legal systems, those governed by international conventions, and for those very reasons, the ones where interpreters earn the highest fees, always start with depositions very difficult even for many seasoned court interpreters.

Multi-million dollar lawsuits, intellectual property infringements, trade wars between nations, the livelihood of an injured worker who will never work again, removal proceedings that will keep a person outside the country for the rest of her/his life, asylum hearings, often an applicant’s last hope to protect her/his life, liberty and family unity are not less complicated cases. We cannot leave the administration of justice for those who do not speak the language of the court, judicial or administrative, in the hands of greedy agencies, ignorant unscrupulous authorities, and opportunists and incompetent paraprofessionals. I now invite you to share your thoughts on this topic and the disturbing tendencies we see.

Do we understand what a U.S. federal court interpreter certification really is?

March 12, 2018 § 5 Comments

Dear colleagues:

The irregularities on the administration of the United States federal court interpreter certification exam of 2017 prompted a debate among many colleagues, seasoned court interpreters, those who took the test and are still living in the uncertainty this first appearance by Paradigm unexpectedly brought to their lives, and everybody in between. There are many unanswered questions about the way testing was handled, and there will be plenty of them once the results are announced one day. It is unlikely that once the candidates who feel the “sui-generis” administration of the test significantly impacted their performance are told they failed the exam, they will just accept it and move on. Some colleagues in such situation may be lawyering up just in case. Even those who will be told they passed will face situations never faced by any other federally certified court interpreters before. Maybe the results of their exam will be questioned in some spheres. Sure, the federal judiciary will tell them that their certification is as valid as anybody else’s.

That will be true because the certification will be issued by the same Administrative Office of the United States Courts, and they will be retained to interpret in court just like everybody else. Unfortunately, assignments by others, such as law firms and their clients, could bring them some headaches. Everybody other than the federal judiciary is in the private free market where they can hire any interpreter they please. Some potential clients may show reservations, as unfair as it may look to many of us, about the reliability and skill of an interpreter certified on the year of the messy administration of the test.  There will be many potential clients who will not care, but sadly, some will, and a possibility is that some of those who will could be the biggest players, the ones who pay the higher fees and handle the high profile cases. This ugly situation, out of the interpreters’ hands, could punish excellent interpreters able to pass the exam, whose skills would never be questioned but for the careless administration of the exam. I hope this does not happen, but it could.

During this, the darkest hour of the federal court interpreter certification exam’s history, I noticed certain things that led me to believe that besides the exam, there are misconceptions about the U.S. federal court interpreter certification.

Setting the current situation aside, the federal court interpreter certification exam is a prestigious exam that measures, to a high degree of reliability, the knowledge and skill of a candidate by testing them on all modalities of court interpretation, criminal legal proceedings, specialized terminology, and language fluency. The exam shows if a candidate meets the minimum standards to provide interpreting services in federal court. Passing the exam is just the beginning, not the end. It does not take us to the finish line, it is just the first step on the track. It troubles me to read comments by colleagues who claim they have not picked a book since they took the test 5 months ago; it concerns me to see how some believe they already forgot so much they think they would fail the exam if they had to take it again.

I worry when I read we have colleagues waiting for the test results to decide where to move permanently to apply for a job in a federal courthouse.  I also hear how many candidates believe that, because there is a need for court interpreting services at the federal level, they will be getting tons of work as freelancers in the federal system.  First, there are few openings to work full time as a staff court interpreter; to get the job they would have to beat many other more experienced and better known applicants, plus government budgetary concerns which favor a hiring freeze.

They will get work at the federal courthouse, but not as much as they expect. They will soon realize there is a huge difference between the caseload of a federal and a state or county courthouse, next, they will learn that very few cases go to trial in the federal system, that many hearings requiring interpreting services are covered through TIP (Telephone Interpreting Program) with the interpreter working from a courthouse far away. The newly certified court interpreters will be exposed to the strict (compared to most states’) guidelines and policy requiring that the courthouse hire the services of all certified interpreters in the area in a fair and even manner. There is a rotation in several courthouses to meet this policy. Finally, they will come to understand that most assignments given by a courthouse are for half days.

I also get the feeling that some candidates, and even some certified court interpreters, believe the federal court interpreter certification is the panacea. They assume that their certification will get them conference work, electronic media interpreting assignments, and so on. This is false.

A United States federal court interpreter certification in Spanish is proof that the interpreter passed the toughest court interpreter exam in the United States, that she or he has demonstrated to have the minimum qualifications to work in the federal criminal court system, those with the certification can be responsible professionals and reliable individuals who value professional self-improvement to the point they put themselves through the arduous certification process.  That’s it.

It does not mean that the certified interpreter has the knowledge and skill to interpret a criminal trial; that is acquired through practice, experience, and constant study. It does not even mean that the interpreter has the minimum skills and knowledge to interpret a civil proceeding. The exam tests no knowledge of Civil Law.

As cherished as a U.S. federal court interpreter certification is, it means little in the world of conference interpreting, or in any other interpreting field. There are excellent conference interpreters who started (and continue to work) in the courts, but their success outside the court setting does not come from the court interpreter certification, it comes from their individual effort and determination to study and prepare as conference interpreters, understanding that the two disciplines are different. I get scared when an agency offers me a conference assignment and tells me they only hire conference interpreters who are federally certified court interpreters. This tells me they are an agency that provides community interpreting services (including legal and healthcare) and that the assignment offered is probably not very good. I have never known of any reputable agency that works with conference interpreters say such a thing. It is the same for healthcare interpreting, that is why there is a different certification to work in hospitals and physicians’ offices.

I sincerely encourage all those waiting for the conclusion of this 2017 federal court interpreter certification exam soap opera, to look closely at their expectations as interpreters certified to work in federal court, and once they understand what they got, and what they did not, to study, practice, and plan their work as a professional interpreter with an eye on the future and both feet on reality, and make the choices right for each one in order to succeed not only as federally certified, but as professional interpreters. I now invite you to share your thoughts on this subject.

Remote interpreting. The way it should be.

November 9, 2017 § 6 Comments

Dear Colleagues:

We live in an environment where everybody is finally acknowledging the technological and economic changes that have disrupted the world of professional interpreting. About half of our colleagues are singing the praises of the innovations while the other half are opposing them. The truth is: Nobody is right and no one is wrong. Many of those who jumped on the bandwagon of video and audio remote interpreting did it with ulterior motives with nothing to do with the quality of the interpreters and therefore with their remuneration as professionals. Their concern was to get there first, and to do it quickly to make a lot of money with little consideration of the side effects of their actions. These call themselves the “industry”: Multinational agencies who sell interpreting services as a used car salesman sells you a lemon, and individuals who rushed to position themselves as intermediaries between these agencies, stingy uneducated end-users, and that group of paraprofessionals who are glad to work as “interpreters” for a handful of crumbs.

You have many capable, seasoned interpreters who refuse to work remotely because of their lack of knowledge about the technology and fearing performing below their well-known widely recognized professional level, not because they cannot interpret, but because they may have a hard time learning how to use the equipment, and even to do the simple things now required in the booth, like typing and searching the web.

There are many others who refuse to work remotely for a good reason: Because the quality of the equipment proposed for the event is subpar, because they are asked to provide a professional service for an insulting amount of money, or due to the deplorable working conditions offered by those who try to equate us with laborers instead of professionals.

For years, I have made my position known to those who care to hear it: I am all for technology if it is of excellent quality and the interpreters who use it are true professionals, making a professional fee and under working conditions that do not differ from those available in live in-person or on-site interpreting. Some of you have heard me praise the tremendous opportunities we have now as interpreters, and how we can now get more interesting assignments and make more money by eliminating travel days (usually paid as half of the full-day fee) and replacing them with more interpreting days where we can make our full-day fee.

Today I will share with you my experience with remote simultaneous interpretation and how this is working out fine for me.

I will be talking about conference interpreting, and what I say will probably be inapplicable to other types of interpreting because of the way multinational agencies and unscrupulous intermediaries have already polluted the environment.  At any rate, what you read here may help your efforts to demand better conditions in court and healthcare interpreting, and to refuse all work offered under such denigrating conditions.

The conference interpreting system I am working with is a cloud-based platform named Interprefy, by a company from Zurich, Switzerland. They are not an agency and they do not retain the interpreters. My business relationship is with their U.S. office: Interprefy USA in Chicago.

When I interpret with them, I physically go to their office in downtown Chicago by the Sears Tower where they have some booths/studios (more about this later) where I work with a live expert technician with me in Chicago. My booth-mate is usually sitting next to me in Chicago, but sometimes she is interpreting from another city or continent from the booth/studio of the company. A second (or third, fourth, etc.) expert technician, who also works for the company, is at the venue to coordinate and if needed fix any glitches at that end. If the interpreter is technologically very savvy, or daring, she can even work from her own home, after the equipment has been set up and tested. For this she must have at least 2 computers and a high speed internet connection.

The set up in my booth is similar to the one we have for our in situ assignments. There is a table with a computer, a very good headset, and a state-of-the-art microphone. If you prefer, you can use your own headset, just like an in-person conference. Your partner sits next to you and he also has a computer, headset and broadcast-style microphone.  Both interpreters have the same equipment. The computer on your desk lets you watch the speaker at the venue, and you can switch to another camera to see the screen on the stage of the people asking questions. There is a giant screen in front of both interpreters where we can watch the power point presentations and videos that the audience sees at the event. This is synchronized so that every time the speaker changes the slide, our screen will display the new one. If we want to see something else, or we want the volume at the podium higher, we can ask our technician at the venue and he will take care. There is a desk full of computers and other equipment behind the interpreters; this is where the main technician sits. We can talk to the main technician by turning around and speaking directly with him, or we can address him, and all other technicians by typing our questions, comments, and requests in the chatroom we all have through the platform. This is how we as interpreters can communicate with our virtual booth-mate when she is somewhere else, or to the other booths if we need something from another language, or for a relay.

The audience at the venue can listen to the interpretation by using traditional receivers and headphones, or by using their laptop, tablet, or phone, if they do so. Finally, if there is a problem with the internet connection, the service can immediately change from the cable or satellite provider, to an over-the-phone connection. This makes for a smooth service where the audience and speaker soon forget that the interpreters are thousands of miles and many time zones away from them.

Now, this is a sophisticated and at the same time, simple way to work a conference remotely; we are not talking about an Ipad on wheels, and from beginning to end, we are working under the watchful eye of expert technicians, not a jailer, court clerk, or nurse “operating” the technology.

We as interpreters can get used to this service because the quality of the product we deliver to the audience is top-notch, and because we work under the same conditions and pay as we do when physically at the conference. We get full dates and half dates, not that per-hour and even per-minute nonsense that the “industry” has imposed on court and healthcare interpreters. The company that runs the platform proudly announces that they only work with top quality conference interpreters in all languages needed. Their business model suggests that the savings are on the booths and travel expenses, not the interpreters.

This service has proven itself in big conferences with several booths from different locations, where there is no room to physically install a booth at the venue, and for less common languages in conferences where widely used languages are interpreted from a booth physically at the conference. Because of the company’s local partners, we as interpreters can easily drive downtown in most major cities and work from their location.

This is how remote interpreting must be, dear friends and colleagues. We cannot compromise quality, working conditions or remuneration just because some of the usual predators have taken over a market. I suggest you demand professional fees and conditions regardless of what type of remote interpreting you do.  Always remember: The end-user is already saving money in booth and travel expenses, do not let them fool you by convincing you that the service will not be profitable unless they pay you by the minute, and nurse Ratched is in charge with the dolly and the tablet.

Remote Simultaneous Interpreters (RSIs) cannot get a fee lower than in-person conference interpreters. Our work as RSIs is more complicated because we must know broadcast interpreting to deal with the voice latency (lag) that could be as much as 5 to 10 milliseconds, and to have extreme concentration and deep knowledge of the subject if gaps or blackouts keep us from hearing a syllable or even a word. Not all conference interpreters can sound seamless under these conditions. This is one reason why the RSI booth looks a little like a broadcast studio. I am convinced that Remote Simultaneous Interpreting is a new and different type of interpreting: A hybrid between broadcast and conference interpreting that requires training and preparation only a professional can embrace.

I now invite you to share your thoughts on this very trendy subject in our profession, and please remember that I have no experience with those other less-sophisticated devices hospitals, detention centers and courthouses are using to save a quick buck.

Interpreter certification: A fight against the establishment.

May 1, 2017 § 3 Comments

Dear Colleagues:

Many of us have devoted years to the struggle to achieve recognition towards the professionalization of what we do. In most countries, interpreters need not have a college degree, the occupation is highly unregulated, and society lacks the knowledge to demand a high-quality professional service. An important number of countries have exercised to a degree some control over who can interpret in certain fields: legal and healthcare interpreting now requires of a certification in several countries. Whether it is called certification, patent, license, or anything else, this is an important step towards professionalization. It is a way to compensate the lack of formal education by giving individuals a chance to demonstrate that they have the minimum skills to practice as interpreters. It reminds me of the beginnings of other now well-established professions. Two centuries ago, people in the United States could become lawyers by passing the State Bar without having to attend Law School.

Although certification does not guarantee the quality of a rendition, it allows the user to decide if an individual is at least minimally qualified to provide the service. This quality-control becomes very valuable to society, but we must be very careful as it is not always what it should.

All professions certify, admit to practice, or something to that effect, their members in one of two legitimate ways: By an administrative act sanctioned by a government because of passing a knowledge and skills test, or, by an administrative act sanctioned by the individual’s peers through a professional association because of passing a knowledge and skills test.

In the United States, and other countries, court interpreters acquire their certification through the former system, while healthcare interpreters get their credential through the latter.

Both systems work fine because they meet the requirements that guarantee an unbiased decision solely based on merit, not self-serving reasons. Besides meeting certain moral and legal requirements, this is achieved by passing a scientifically developed exam rated by an impartial qualified jury. Certifications can only be universally accepted and recognized when they come from such a process. For this reason court and healthcare certifications have become the standard of the profession in many countries.

Unfortunately, because of the lack of legislation, the high demand for inexpensive interpreter services, lack of knowledge by the potential client, and the existence of paraprofessional interpreters willing to work for next to nothing for their quality-absent services, have created a perfect storm for worthless so-called “certifications” that currently inhabit the market in the darker corners of the ugly face of interpreting, feeding themselves on the ignorance, fear, and cowardice of the pariahs of this profession.

Many language agencies advertise their interpreters as “certified” because they have been tested online or by phone and passed an unscientific exam not developed to learn if an applicant is prepared with the minimum professional skills to do the job. Instead, the motivation behind these “exams” has to do with marketing the service, and protecting the agency if a lawsuit occurs caused by the incompetence of their so-called “certified interpreters”. No data is available on the science behind their exams, and there is no information on the quality and impartiality of those rating the examinees.

It gets even worse: many community interpreting, telephonic interpreting, and supposedly healthcare and legal interpreting agencies advertise as “certified” interpreters individuals who attended a workshop, took a class online, read a manual, or went to a class without even taking an exam! The website of one agency brags about the “training” of their “certified” interpreters taught “national ethics and standards of practice for interpreters” in the United States. The problem is there is not such a thing. Each field has its own code of ethics. It also claims that their “certified” interpreters, who apparently work in legal situations, get “…basic skills pre-session preparation…” and they also get skills on “…closing the session…” These are no doubt important issues in healthcare interpreting, but not even the terminology exists in legal interpreting. I wonder how this knowledge, or learning “information on community systems (K-12 schools…)” will show that an interpreter is ready to work in a courtroom, detention center, or law office. Some brag about the number of training hours they offer to their interpreters, but they do not require that they pass an exam; much less a real scientific exam like the ones real certified interpreters must pass. Most of the training hours are devoted to practices to protect the agency from liability, to make the business plan more profitable. Whether they require an online test or just a bunch of classroom hours on a curriculum they created, they have as their main goal to create this impression that their interpreters are certified. They never disclose that their certifications are not officially recognized, that their exams were not scientifically developed, or that they have a vested interest: to offer the paraprofessional services of these “certified” interpreters at a lower cost so they can profit more.

This is not the only problem, dear friends and colleagues, official government policy can also be the main obstacle faced by interpreter certification. I was contacted some time ago by the government of a country outside the United States.  Mexico’s legal reforms took the country from a written court system to an adversarial oral system similar to the one in the U.S.

I was asked to participate in a training program for the new court interpreters for the oral proceedings. I was told this curriculum was necessary for these interpreters to get ready to pass a (certification) test and get what Mexico’s legislation calls a court interpreter patent (same as the certification in the United States, or the licensing in Texas). I was asked to provide may documents and information, even to develop a prospective curriculum and bibliography for my portion of the training (8 hours a day, Monday through Friday for three weeks). The full program was supposed to have a duration of three months at the same pace, and it was to be taught on the campus of the largest college in that Mexican State (Mexico is divided in States just like the United States of America).

After months of negotiations, where I made many concessions regarding the money I would be paid, and my expense account during the three weeks I would be living in that city, and after agreeing to cover my own airfare, to get these young prospective court interpreters what they needed to have a successful and meaningful career, the government officials continued to ask for more documents and concessions, until I gave them an ultimatum. At the end the answer was the one I feared all along: They would not retain me for the program because I was too expensive, but also, because I was a foreigner. They decided that only locals could teach the program. I have no problem with the local talent, and I know some of the other instructors and I vouch for their skill and expertise. The thing that puzzled me was that out of all the instructors, I was the only one who was both: interpreter and attorney, and I was the only one with experience working as an interpreter in court. The decision from above, taken by people who know little, or nothing, about court interpreters, left the certification program for that Mexican State with no court experienced instructors.

In the present world where a college education for interpreters is still years away in many countries, interpreter certification programs play a huge role in advancing the career and protecting the user of the interpreting services. Society must know of these malicious self-serving “certification programs” that are roaming out there with no supervision or regulation. It is imperative that more colleagues get certified as court and healthcare interpreters in the countries, and languages, that the credential is offered. On June 1, of this year, my colleague Javier Castillo Jr. and I have prepared a four-day workshop to prepare those who will be taking the oral portion of the court interpreter federal exam in the United States at the University of North Carolina in Charlotte this summer. The workshop will also help those taking court interpreter oral exams at the State-level, as we will dissect the test, explain what matters to get a passing score, and will practice with tailor-made exercises designed for these workshops you will find nowhere else, so that when the four-day program ends, those who took the course can get a personalized evaluation and know exactly what to do to pass the test. (You can get more information by going to www.fciceprep.com)

As you can see, the road to professionalization is full of obstacles, and some need to be eliminated to get the needed recognition to those legitimate certifications. I now invite you to share with the rest of us your comments on this issue.

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