Do court interpreters need to understand the legal proceeding they are interpreting?
May 13, 2013 § 8 Comments
Dear colleagues:
Many times during my career when working as a court interpreter I have been told by some colleagues that they do not enjoy court hearings where attorneys argue the law. They say they much prefer to interpret witness testimony because the hearing is about the facts of the case and not about the law. More than once, when I have asked a court interpreter what was the hearing she just finished about, the answer has been: “I don’t know, legal things, boring stuff.” Some others have told me that it was “…lawyers arguing…and I didn’t understand…”
I have always approached my work with the idea that you cannot interpret what you do not understand. To me it seems impossible to do a good job when you cannot interpret in context, when you do not know where the speaker is taking the argument to. I understand that not all court interpreters went to law school and some of the issues litigated in court are difficult to understand even for lawyers and judges. I am also aware of that “blank” our mind seems to produce after we finish working. In fact, for my own sanity I am glad it happens. “In one ear…out the other…”
This is not what I am referring to in this posting. I am talking about the minimal legal knowledge a court interpreter needs to have to do a good job. I also know for a fact, because I have a law degree, that the more you understand the proceedings, the better your rendition, because you will be able to follow the trend of thought, to anticipate the speaker’s next move, and to employ the correct terminology and vocabulary. I believe that court interpreters should at least know as much about the law as a paralegal. We need to understand the issues to be litigated in a motions hearing so we can do a good rendition. We also need to understand the process during that hearing; we need to know what is allowed and what is not. Court interpreters should do their homework and prepare for a trial or hearing, but on top of that they should know rules of evidence and rules of criminal and civil procedure. It is easier to interpret a trial when you actually know why the attorney is objecting to a question and how he is objecting to it. In my experience it is this type of knowledge that lets you develop a strong relationship with the big law firms, with the key players in the legal world. Court interpreting is as much a part of that world as it is of the world of linguistics. Unfortunately, some colleagues do not seem to realize it
It is for this reason that during the NAJIT Annual Conference in St. Louis Missouri I will be presenting in Spanish: “Evidence. A comparative Study between Mexico and the United States.” During the presentation I will walk those attending trough the evidentiary process in the legal system of the two countries where the people we more often interpret for either live or come from. We will cover topics such as discovery, admissible and inadmissible evidence, types of objections, exceptions to the hearsay rule, different burdens of proof, judicial notice, best evidence rule, and many more. I invite you to attend the presentation on Sunday, May 19 at 11:00 am during the NAJIT conference in St. Louis. I hope to see you there, but even if you are not able to attend, please tell us if you believe that court interpreters should know the basics of the law, and specifically procedural law.
No matter how well-prepared you are, be ready for the unexpected.
April 16, 2013 § 7 Comments
Dear colleagues:
Some months ago I interpreted in a high-profile federal criminal trial that involved very complex issues. Because of the difficult terminology, topic, and importance of the assignment, the colleague that worked as my teammate and I did copious research, studied the subject matter, and developed glossaries and a bibliography. It took months of professional preparation and I believe that we did a very good job. As we interpreted for witnesses during their preparation before trial and we bounced concepts and terms back and forth to develop uniformity and correct any mistakes, I grew pretty confident that we were ready for this assignment.
Once the trial started everything went smoothly for us as interpreters. As we were getting the job done as expected and beyond, it was time for the experts to testify. These expert witnesses were coming from another country, which added an extra layer of complexities to their testimony. It was not just a matter of specialized concepts and terminology; it was a matter of adjusting to a different culture and idiosyncrasy that the experts showed during their testimony preparation. We fully understood this added “curve ball.” Experts testify in the way they feel more comfortable with, and the interpreter should not even suggest that they modify that. We just had to be on our toes as experts from other countries, for cultural and language reasons, tend to be more formal and solemn than their American counterparts.
I was feeling pretty confident that all preparations and hard work had me ready for the task, so the day when this expert had to testify finally arrives and the expert takes the stand. After some minutes of smooth sailing, he finally dropped the first “interpretation bomb” as he rendered his testimony ceremoniously using words and terms he had not used before. All our research and study did not cover this unexpected lingo. What did I do from the witness stand at that moment when I heard the first of these words, realized that I had not studied it before, turned back to where my teammate was seating behind me just to see her furiously looking through all the materials we had at our station, and saw the face of the attorneys, judge and jury all waiting to hear my rendition of the answer? First I kept my cool, second, my brain went to work trying to find any coherent contextual meaning to what the witness had just said in Spanish, and third, I opened that “brain vault” where the Latin I studied ages ago had been stored away for decades. All of these brain functions and actions happened within a fraction of a second. All of a sudden, to my absolute surprise, and that of my colleague as well, the correct English version of the term just came out of my mouth! At that time I experienced the same thing that many interpreters and translators have during their careers: a word that I did not know I knew came to the front of my brain and got me off the hook.
These type of testimony continued for days until the expert finished testifying, but from that moment, my teammate and I realized that studying for the assignment is essential, but as important as that part of your preparation may be, you also need to bring other tools to the table: The interpreter needs to be calm, focused on the task, confident that his memory will click at the time it is needed and confident that the other member of the interpretation team will have his back. However, even after all of these elements, the interpreter has to be aware that there are other resources at hand: he can ask the witness for a clarification, or he can just leave the word in the original language (or in Latin if that is the case) As interpreters we just know when it feels right to leave a word in the source language. It is a gut feeling. Keep in mind that if you did not understand a word or a term, even after all the research and preparation you did, it is likely that the judge, jury and attorneys do not know that term either. Finally, remember that the expert is that: an expert. He is used to people asking for clarification and explanations when he testifies. No matter how well-prepared you are the expert will always know more than you. Everybody knows that; the only things you do know that he does not are the two languages and how to interpret from one to the other. Please post your comments and maybe your war stories about those instances when you faced a similar situation in the booth, the courtroom, or the hospital.
As interpreters we must remain at the table of our largest professional association.
October 19, 2012 § Leave a comment
Dear colleagues:
Next week we will meet in San Diego during the American Translators Association annual conference. We will attend interesting presentations, establish new contacts, greet old friends, buy books, and we will have a lot of fun. However, we will also gather to do something else that is particularly important for all interpreters: we will vote for three directors to the ATA Board. These new officials will represent our interests before the Board for the next three years.
As a professional association, ATA has thirteen officials that make policy and decide issues that affect us all as an organization. We have a President, a President-elect, a Secretary, a Treasurer, and 9 directors. Being a board member is a hard job, it requires a lot of time and effort and the reward is usually the satisfaction of a job well-done. We are very fortunate to have very capable and dedicated people at the top of ATA.
The number of translators and interpreters in the organization’s membership are pretty similar, but only two of these thirteen officials are interpreters. They all do a magnificent job, but it is these interpreters that really voice our perspective in the boardroom. We are two professions united by the word, written and spoken. I am writing this piece because those two spaces where we as interpreters are represented in the boardroom are up for reelection. In other words, if we lose one of those two seats we will end up with nothing as it used to be in the past. In the pursuit of a more balanced organization we should strive to bring our representation up. To do that we cannot afford to lose these two seats. We just can’t.
Cristina D. Helmerichs is a veteran of our profession. She has a professional and administrative resume better than most. She has been an honest and measured voice for all ATA interpreters during the last three years. She was instrumental in the change of the organization’s tag that for the first time included us, the interpreters, as part of the association’s identity. She presently chairs the Interpretation Policy Advisory Committee, and a couple of years ago she played a significant role on an effort to understand and include many more of our colleagues who were frankly on the verge of leaving ATA and other professional organizations because they felt excluded and ignored. Cristina was Chair of the NAJIT Board of Directors from 1996 to 2004. During her tenure NAJIT saw unprecedented growth in membership; she is also a founder of the Texas Association of Judiciary Interpreters and Translators (TAJIT) and an active member of the Austin Area Translators and Interpreters Association.
Cristina complements these impressive administrative credentials with her professional trajectory as an interpreter. She has worked in the federal court system nationwide, she has been a pillar to the court interpreter scene in the state of Texas for many years, and she has been a conference interpreter all over the country. Cristina is a regular interpreter trainer, a workshop instructor, and a rater of the federal court interpreter examination. I know all these things because I have been a member of these organizations when Cristina has been in charge; I have worked with her all over the country interpreting, teaching, and rating federal exams. I have traveled half way across the world with Cristina. I have pet her dogs at her home, and I have been her classmate when we studied diplomatic conference interpretation in Argentina together. Cristina has been a great friend and she is a spectacular human being. Anybody in Austin will agree with this statement. I invite you to vote for her next week because we need her at the table.
I also encourage you to reelect Odile J. Legeay, the other interpreter on the board. Odile is another great professional and very capable board member. During the last three years she has been instrumental in the development of tools that have come to aide all freelancers, such as the standard agreement she developed. Odile is also a great human being. I know all these things because just as in Cristina’s case, I have seen it first-hand. I have worked with her, attended conferences and activities with her, and I have been to her home in Houston where I have seen how well-liked and loved by her peers she is. Together with Cristina, Odile is a voice that we as interpreters must keep at the top of ATA’s decision-making structure. We need their representation. In fact we cannot afford to do without either one of them.
It is also relevant to mention that Cristina and Odile are two of only three Spanish linguists on the board. This is also important when we think that ATA is the most important professional association in the United States, and the U.S. is the number two country with the most Spanish speakers in the world just behind Mexico. Voting to reelect Cristina and Odile will continue to allow all ATA interpreters to have a voice on a Board of Directors where an overwhelming majority of the members are translators, and it will also help ATA to be more representative of its community (The United States of America) and its membership (Spanish interpreters and translators) by keeping two of the Spanish linguists as part of the Board. The other Spanish linguist, a translator, is not up for reelection this time.
Finally, because this election day we can vote for three directors, I would like to invite you to also vote for Corinne McKay. She is not an interpreter, she is a French<>English translator (and a very good one) who has been instrumental to our joint profession. I know Corinne as a person and she is a great human being, she is responsible and committed. I had a chance to observe her up-close when she was President of the Colorado Translators Association (CTA). At the time I was living in Colorado and I was Chair of the Colorado Association of Professional Interpreters (CAPI). I have seen Corinne present at professional conferences, I saw the key role she played during the ATA annual conference in Denver two years ago, and I know that although not an interpreter, she has tried to bridge that gap in Colorado organizing events to bring the professions closer. I know this because a few years back she invited me to do a presentation on conference interpretation before CTA.
Dear friends and colleagues. I appreciate all of our colleagues that are running, I am sure they are all honorable and capable professionals and human beings, but this time I invite you to keep our voice at the table by reelecting Cristina Helmerichs and Odile Legeay, and I invite you to cast your third vote for a great translator who has proven to be capable as an administrator and will no doubt be a friend to the interpreter community. Please cast these three votes.
Is the U.S. Supreme Court Decision Defining the Concept of “Interpreter” Good for Judicial Interpreters? Part I.
May 29, 2012 § 3 Comments
Dear Colleagues,
After watching many of our colleagues celebrating because the U.S. Supreme Court reaffirmed the definition of an interpreter in the Taniguchi case, and more importantly, after reviewing the briefs, oral arguments, full written decision, and the dissenting opinion by Justice Ginsburg, I wonder if this decision should be cause for joy or grounds for concern.
The first thing we must do is to put this decision in perspective. The Court decided a case about court fees. The question before the Supreme Court was about the right that a prevailing party has to recover court fees from the losing party. The Court had to decide the extent of this right and clarify if it covered translation fees or not. To decide this controversy, the Court looked at many legal arguments and also took into account the “…ordinary and technical meanings of interpreter…” Yes, the majority concluded that interpreters “speak” and translators “write”, but is this what judicial interpreters and translators needed from the Court? In my opinion, there are two crucial points that we must consider before we answer this question: (1) does the express exclusion of translation services from those that can be considered recoverable as court fees advance the interest of justice? To say yes to this question, we need to consider that the interpretation services during a judicial process are more important than the translation of documents, statements, records, statutes, case law, etc. This is a dangerous path. As an interpreter, translator, and in this case, as an attorney, I cannot imagine a well-prepared attorney who has not reviewed the foreign language contract subject matter of the litigation, or a good extradition lawyer who does not bother to read the foreign country statute because it is written in another language. This would be a violation of the client’s constitutional rights and would constitute disciplinary grounds against the attorney. (2) The second point to consider has to do with the following question: Will the Court’s decision have a chilling effect on private attorneys who will now pause and consider translation costs over translation quality? If the answer to the first point was, as it is in my case, that interpretation and translation services are of the same importance for a case, then the lawyers would have to “chance” the outcome of the case and retain a translator. However, “just in case” that the jury were to decide for the other party, attorneys may want to consider a less-expensive translator, even if the credentials or reputation are not as good as the ones of the translator they used to hire before the Taniguchi decision. This could harm the client, and it will definitely hurt the translators’ market.
On her dissenting opinion, Justice Ginsburg did not question who “speaks” or who “writes”, she argued that “…many dictionaries’ definitions of “interpreter” included the translation of written documents…” She pointed out that several federal courts also used similar definitions, and that courts have awarded the costs of translating documents for decades. Justice Ginsburg emphasized the importance of parties’ access to translated documents, and that the line between translated and interpreted communications was not a clear one. She read the briefs, listened to the oral arguments, checked the technical definitions, and then tackled the two points that I have inserted above. Her answer, and that of the two other dissenting Justices: Breyer and Sotomayor, was that translating and interpreting services are both essential for the administration of justice, and for that reason alone, the risk of having to disburse a considerable sum of money to pay for translation fees should not be part of the decision making process. The majority decided to exclude translation services exclusively because of their traditional strict interpretation of the constitution and the law. They did not consider anything else.
This is why, after reading all the materials, letting myself rejoice for a moment as an interpreter, and analyzing the full decision using my training and experience as an attorney, I think that the Alito decision will cause more harm and confusion than ever before. I would like to hear your opinions as interpreters and translators.