Interpreting CJA cases is a bad business decision.

March 26, 2018 § 25 Comments

Dear colleagues:

A recurring theme among my court interpreter colleagues in the United States is the extreme difficulties they must endure when working under the Criminal Justice Act program (CJA). There are complaints about absurd paperwork procedures and unimaginable payment delays. Some colleagues’ invoices for professional services rendered under this program have been outstanding for over a year!

I worked with attorneys under the CJA program, but when the system changed about 18 months ago, and interpreters’ invoices had to go through the defense attorneys to get paid, and I heard some of the delayed payment stories from colleagues nationwide, I decided not to take CJA cases anymore.

For those of you who do not do federal court interpreting work in the United States, in 1964 the United States Congress enacted the Criminal Justice Act (18 U.S.C. § 3006A) to provide a system for appointing and compensating lawyers to represent defendants financially unable to retain counsel; and providing for payment of experts, investigators, or other needed defense services in federal criminal proceedings, including interpreters. Today, the Office of the Federal Public Defender, with the over 10,000 private “panel attorneys” who accept CJA assignments annually, represent the vast majority of individuals prosecuted in U.S. federal courts.

CJA panel attorneys are paid an hourly rate of $132 in non-capital cases, and, in capital cases, a maximum hourly rate of $185. These rates include both attorney compensation and office overhead. In addition, there are case maximums that limit total panel attorney compensation for categories of representation (for example, $10,000 for felonies, $2,900 for misdemeanors, and $7,200 for appeals). These maximums may be exceeded when higher amounts are certified by the district judge, or circuit judge if the representation is at the court of appeals, as necessary to provide fair compensation and the chief judge of the circuit approves.  CJA attorney appointments are made by the Court on a rotating basis among members of the panel. Freelance federal court interpreters are paid with the same system, but with an additional step: Before their invoice goes to the judiciary, it must be reviewed and approved by the CJA panel attorney who requested the interpreter’s services. I guess interpreters are officers of the court of a lower tier, so they must be policed by the CJA panel attorney, apparently an officer of the court of a tier higher than the interpreter.

This process, not required when interpreters work directly for the federal courts interpreting court hearings or out-of-court interviews for public defenders or probation officers, created a burden on freelance interpreters who now devote a considerable, uncompensated time to the paperwork and its unavoidable eternal follow up process, that often takes many months and even years. Interpreters are billing for the time they worked as interpreters in a case, but that time represents but a fraction of the hours interpreters spend on paperwork, and follow up telephone calls, emails, and in-person visits to the courthouse, trying to discover the status of a payment for a service provided long before. This time goes uncompensated, and interpreters cannot work somewhere else, and generate income, while they are tied up in bureaucratic nonsense and begging for payment of rightfully earned professional fees.  For all these reasons, and to keep my health, sanity, and dignity, as soon as the system started I decided not to take any CJA panel cases, and I have taken none.

I suggest you do the same. Once you do it, you will be surprised at the money you will save just by rejecting these cases. Those of you who know me, or have read this blog for years, know that I am always suggesting diversification in the profession among freelancers so you can keep steady income, and a stream of interesting assignments instead of a boring monotonous routine. Dear colleagues, there are plenty of options even if court and legal interpreting is your thing and you do not want to step outside your field.

The most desirable practice would be civil cases with well-established high-profile law firms. They generally handle interesting cases, have clients who understand and appreciate your work as interpreter, and pay excellent, professional fees when you negotiate correctly. Smaller civil law firms and solo practitioners are also a good alternative.

Next, you have the criminal defense private attorneys. They have time to handle their cases and they usually retain you for the entire case. Here your interpreting services are well paid, and you are exposed to challenging, but interesting cases. It is rare to work in a case involving white collar crimes when you spend your time providing services to public defenders and CJA panel attorneys.

Foreign law firms are also a very good choice. Globalization has generated a big multinational litigation practice, and those top-notch attorneys coming from countries where they do not speak English may need the services of a local court interpreter team. Fascinating topics, including intellectual property, foreign trade, mining, hazardous materials, are common with these clients. Family Law practitioners from these countries are also looking for interpreting services in cases of divorce, child support, international child abduction, and others.

If you want to fill in the rest of your agenda with more court/legal work, you can also provide interpreting services to the Office of the United States Attorney in your jurisdiction. Witness preparation, proffers, transcriptions, and other services are required by the AUSA. An added benefit: They are not bound by the (every-day lower) federal fees, so you can negotiate a much better compensation for your professional services.

If you like working with the federal prosecutors, then you must offer your services to the United States Trustee Program (USTP) for their exams and interviews in federal bankruptcy court cases. This is another source of legal/court interpreter income that pays well when you negotiate your fee correctly.

Finally, you can still work with the federal public defender and, if you want to interpret hearings instead of interviews, negotiations, and depositions, you can interpret for the federal courts. You will only make the set half –a-day or full-day fee, and you will usually get the same type of cases, but you will stay away from the long, demeaning, and never-ending invoice procedures associated with CJA panel attorney cases. As a less desirable option, but in many ways better than dealing with the CJA system, you could always work at the state-court level.

Dear friends and colleagues, there are plenty of alternatives to CJA assignments, even within the court/legal field. I believe that if you all were to do what I did from the beginning, the CJA system would have no choice but to change and become more interpreter-friendly. I do not believe on “fantasyland solutions” such as talking to chief judges and court clerks; it was tried in some districts and they accomplished nothing. We cannot continue to lose income, health, and dignity backing up a system that proved ineffective. I now ask you to share your comments with the rest of us.

Note taking with iPad: Making our life easier.

May 28, 2013 § 25 Comments

Dear colleagues:

A few months ago while on break during an event I was working with several colleagues from different language combinations, we had one of those not-so-common moments when we all gather outside the booths and talked about the industry.  As we were having this conversation I brought up the note taking topic saying that I had noticed that some of the interpreters were using a tablet while others were working “old-school” with pen and paper.

I have been taking advantage of the benefits of the iPad for quite some time.  I love showing up for work with nothing but my tablet. No more heavy briefcases with multiple dictionaries. I now have my glossaries, dictionaries, and textbooks in my iPad; and if for some reason I need to consult other sources, I just go online with Safari.  It is great to have my calendar, invoices, and even my travel apps handy at all times.  Note taking for both, simultaneous and consecutive interpretation are another good reason to go to work with an iPad as well.  Although I now use the Livescribe Echo Smartpen for consecutive renditions during press conferences and other non-judicial settings, because of the issue of recording in-court statements that has been raised in some courthouses, I am taking advantage of my iPad with a different application when interpreting in a courthouse, and many times when working in the booth.

1 Notes app on screen

There are many good efficient note taking applications for your iPad and other tablets: Paper Desk Lite, Idea Sketch, ABC Notes, Penultimate, Note Taker HD, Notes Plus, and others specific to Android or Microsoft are a good option, but in my case, I have been using TopNotes for about a year.  This app has
everything I need to have in the booth and in the courtroom. It is a friendly application that takes you to your bookcase as soon as you open it. Once you
are at the book case you can either retrieve the notes of a conference or case you have been using, or you can simply create a new notepad for a brand new
event.  To make it easier to identify your notepads, the program lets you name them, and then it allows you to pick a color for the cover and a paper style for the notepad. Finally, you can link or unlink your notepad to Dropbox, Google Drive, Box and Evernote, you can copy from Dropbox, Google Drive and Box, and you can protect your notes by setting a 4-digit passcode.

Once you have a notepad you can write in  different ink colors: blue, purple, grey, black, red, orange, yellow and green;  you can select the width of your handwriting making the lines and letters  bolder or finer, and you can highlight, erase, copy, and paste your notes.

You can also choose your paper, turn on the read-only mode, change fonts, and turn on a wrist protection that allows you to write without having to worry about any marks or alterations by your hand and wrist pressing against the screen.

This app lets you switch the screen so you can see all of your notes at the same time making it easier to go back and forth without having to shuffle papers at the speed of light.  Finally, with TopNotes you can email your notes, upload them to Dropbox, Google Drive, Box or Evernote, open the notes in other apps installed in your iPad, print your notes via air-print, and copy pdf files from your Dropbox and elsewhere so you can underline the text of a presentation or court file without ever touching the original documents.

I just want to end by saying that my choice of stylus for the iPad are:

Bamboo for fine handwriting. It is beautiful, its shaft is a little girthier than a Bic pen, and it is strong and durable but light enough to carry it in the shirt pocket like a regular pen; and

Boxwave from Amazon for bolder writing. It is heavier than Bamboo, its tip will not write with the fine precision of a Kensington, but it is far less expensive than Bamboo and you would not be very sad if you lose it.  In my experience I found it better to have them both by my iPad and use the Bamboo stylus to write and the Boxwave to underline or to write big bold messages to my colleague in the booth.

Technology has changed the way we take notes as interpreters, and I invite those of you who have not switched to a tablet to give it a try. You will discover freedom and speed thanks to your new tool. Please tell me what apps you prefer and what stylus are more compatible with your handwriting.

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