Court interpreters’ priorities: Their health and to interpret.
August 12, 2020 § 16 Comments
Although we are still in the middle of a world-wide pandemic, I have heard from several colleagues that some courts in the United States, and elsewhere, are back in session and they are asking court interpreters to attend in-person hearings. Courts may have their reasons to reopen, but I think is a bad idea for interpreters to answer the call at this time. Covid-19 is very contagious and continues to spread all over the United States and many other countries. This is not the time to risk our health, and perhaps our future, to make the not-so-good court interpreter fees. Technology is such that courthouses can hold virtual hearings, or distance interpreting if they want to have in-person sessions. There are solutions for all judicial district budgets, from fancy distance interpreting platforms, to Zoom, to a simple over-the-phone interpretation with 3-way calling and a speaker phone. Federal courts have provided over the phone interpretation in certain court appearances for many years. Most hearings are short appearances that do not justify risking the interpreter. As for more complex evidentiary hearings and trials, just as conferences have temporarily migrated to this modality, distance interpreting can happen with a few adjustments. If in-person court interpreting is a bad idea right now, in-person interpreting at a detention center, jail or prison, is out of the question. At least in the United States, detention facilities are at the top of places where more Covid-19 cases have been detected.
Court interpreters provide services in accordance to the law and a code of ethics. Neither of them compels interpreters to put their lives at risk just to interpret for a hearing that could happen virtually. I urge you all to refuse in-person interpreting at courthouses and detention centers at this time. Advise judges, attorneys, and court administrators on the available options during the emergency. If after your explanation they insist on having interpreters appearing in person during the Covid-19 pandemic, please decline the assignment. It is obvious your life and health are not a priority for that organization; why should you put them at the top of your clients’ list?
Do not worry about the parties needing interpreting services. That is the attorney’s responsibility. Not yours.
Unfortunately, some of you will sadly agree to physically appear in court to interpret for defendants, plaintiffs, witnesses, and victims. If so, at least demand the following from the courts:
All in-person interpreting must be done with portable cordless equipment. Many courthouses already use it, and for those who do not, explain to judges and administrators this is the same equipment tour guides use. Courts should provide personal transmitters to all staff and regular independent contractor interpreters, and interpreters should take care of the transmitter and take it with them at the end of the day. If this is impossible (although these devises are very affordable) then ask the courthouse to keep them clean and safe, and separate from the receivers the parties will use. Interpreters should always have their own personal microphone (whether it is provided by the court or they purchase it on their own). Ask the receivers be kept in individual plastic baggies, and have the individual using the receiver open the bag and put the devise back in the baggie after the hearing. Never handle the receiver. Ask the court to notify all parties needing interpreting services to bring their own earphones (they can use their mobile phone’s if they are wired). The courthouse should have disposable earphones in stock for those who forgot to bring their own. Earphones are inexpensive and can be thrown away after each hearing.
Finally, interpreters should never disinfect the portable equipment. This is a dangerous chore, you do not get paid to do it, and it is not your job. Disinfecting the equipment goes against all federal and state court interpreter rules of ethics:
“Canon 7: Scope of Practice. An interpreter for a LEP participant in any legal proceeding, or for an LEP party in a court-ordered program, must provide only interpreting or translating services. The interpreter must not give legal advice, express personal opinions to individuals for whom interpreting services are being provided, or engage in other activities that may be construed to constitute a service other than interpreting or translating.” All states include this canon in their code of ethics (sometimes the number is different). Interpreting equipment should be cleaned and disinfected by the same people who clean and disinfect everything else in the courtroom.
If you are interpreting in person for an agency or for a direct private client, you must follow the same practices. The agency should assume the courthouse duties. As for your preferred direct clients who you could not talk out of an in-person appearance, use your own personal equipment. If you don’t have it, buy it. Do not borrow the courthouse’s. You do not know how clean it is. I would also add the following when dealing with direct clients using my own equipment: Have disposable latex gloves available for you and the person using the equipment. That way you may assist your direct client with the receiver unit if needed. Have spare disposable earphones available if your clients forgot to bring their own. I suggest you use the earphones you get on the plane for free and you never use because you have your own. The protocol for jail visits is: No jail visits under any circumstance. Period.
Even with equipment, maintain a safe distance between you and the person you are interpreting for. No sitting next to the client. Always use and demand others use facemasks. The sound quality is not the best, but removing the mask to interpret is too dangerous. I suggest you wear a mask that ties or has an elastic that goes around your head instead of the ones you wear on your ears. They are more comfortable and stay in place even if you are speaking,
Most judges are rational people of good moral character, but I have heard of some cases when a judge has ordered the interpreter to remove the mask, get closer to the person who needs an interpreter, and other dangerous actions. If so, try to persuade the judge, if that fails, ask for a recess and try to get the court administrator to see the situation from your viewpoint. If this does not work, or if the judge does not let you speak, or you cannot access the administrator, excuse yourself.
State you cannot fulfill your duty as a court interpreter to interpret the totality of what is being said in court because you cannot concentrate on the hearing when you know the judge is putting you in a dangerous situation. Put it on the record, and leave. If the judge does not allow you to leave the courtroom, or threatens you with a contempt order, then clearly put on the record for a second time the same explanation you already gave, and clearly state you are being ordered to interpret even though the rendition will be incomplete, that you are being held against your will, and that you are respectfully giving notice to the judge that if because of his order you get infected, you will bring legal action against the court and personally against the judge. Do not be afraid. You are not doing anything wrong.
On top of all that, I would never interpret in that Judge’s court again.
There are other things we can do as interpreters to protect ourselves in the rare case we end up in front of a judge that forces you to interpret and do things that risk your health and maybe your life.
You can file a complaint with the circuit court (if a federal case) or the court of appeals with jurisdiction over the judge. In federal cases, this is done according to the Judicial Conduct and Disability Act of 1980 (28 USC §351-364) and the Rules for Judicial Conduct and Judicial Disability Proceedings.
If federal, you can send a letter describing the judge’s conduct to the Federal Judges Association (FJA) (https://www.federaljudgesassoc.org) or to the State’s judges association in local matters.
Send a letter for publication on the American Bar Association (ABA) Journal Magazine, or to the State Bar Bulletin so attorneys and others learn of the incident and apply pressure on this individual.
Contact your local non-English radio and TV stations (for Spanish speakers Telemundo, Univision and Azteca America) and suggest an investigative report on how this judge is putting those who appear before him or her, and need interpreting services, at risk during the pandemic.
You can also talk to an attorney and explore the possibility of a lawsuit against the judge and courthouse for negligence.
Finally, write a letter to that courthouse’s chief judge and court administrator informing them that, regardless of the outcome, you will never work in that courtroom again. The letter should detail everything the judge said and did, including past episodes witnessed by you. A person with such a bad attitude did other bad things before.
Court interpreters perform an essential job for the administration of justice, everyone who needs an interpreter should get one, but certain things are above the job; one of them that should always come first is our health. I now ask you to share with us your in-person court experiences, in the United States or elsewhere, during the pandemic.
How safe are we as interpreters?
April 12, 2016 § Leave a comment
The horrible things that are happening all over the world made me think about the risks that we face as interpreters just by doing our job. It is very true that nobody can claim to be completely safe in today’s violent and fanatical world, but one thing is to be in the wrong place at the wrong time, and another when your profession takes you to dangerous, or potentially dangerous situations.
Those of us who constantly travel, and are at airports or train stations four or five times a week, live with security checkpoints as part of our daily routine; we are very aware of the potential risks of traveling, and I am not talking about airplane or train accidents. I cannot say that I have never looked at somebody as a suspicious character, or that I have not considered the possibility of something awful happening while I travel or during the events.
Conference and diplomatic interpreters live with this constant danger every time they do their job; and it is not just the times when we interpret for heads of state or religious leaders and we have to remain by their side, it is also when we are working in a booth during a top-executives’ conference, a summit of high-level government officials, or an international organization session. The fact that we have to go through security checkpoints several times a day should tell us something about the risks we take just by doing our job. It is exciting to work with the president of a country, or with the Pope, but at the same time, you cannot avoid looking at your surroundings to see if there is something out of the ordinary going on.
Of course, the most obvious example of interpreters risking their lives and physical integrity is that of the interpreters in conflict zones or providing their services as part of a military mission. As we know, unfortunately, these brave friends and colleagues are at risk even after they are not working any longer, and even after the armed conflict has ended, as is evidenced by all the terrible stories of interpreters killed by the enemy in Iraq and Afghanistan while they wait for the western governments to keep a promise to protect them, as they assured them a long time ago.
Not only terrorists and war enemies put interpreters’ lives and physical integrity in danger; court interpreters also face the rage of criminals, and perhaps even terrorists who are trying to make a twisted point through violence. According to the National Center for State Courts in the United States, the number of threats and violent incidents targeting the judiciary has increased dramatically in recent years. At the federal level, the U.S. Marshals Service Center for Judicial Security reports the number of judicial threat investigations has increased from 592 cases in 2003 to 1,258 by the end of 2011. At the state and local levels, the most reliable data comes from studies by the Center for Judicial and Executive Security (CJES). They show that the number of violent incidents in state courthouses has gone up every decade since 1970. I used to do quite a bit of work in court, and there were many times when I had to do a “reality check” and pinch myself to stay aware of the fact that I was sitting next to an alleged murderer. In fact, I was told once by a U.S. Marshal that I should never sit next to the defendant in court; that I should always sit around the corner of the table in case I needed to dock or run, and he told me to always be aware of what is left on top of the table: “… a stapler or a pencil in the hands of a criminal can turn into a murder weapon in a matter of seconds…”
And we are not even talking about dealing with angry family court litigants who had to stand in line for 30 minutes to go through the metal detector in order to gain access to the courtroom.
Then we have the jails and detention centers where incidents of violence are perhaps less common due to the tight security, but together with immigration courts and hospitals, they present another enormous risk to the interpreter: transmission of a contagious disease.
Unlike conference and diplomatic interpreters, healthcare and immigration court interpreters work with clients from all over the world, many of whom just arrived to the United States from countries where certain diseases, already eradicated from the U.S., are still common among the population. The risk of being exposed to TB and other serious health problems is not small in environments where people from everywhere congregate. Some of these “ideal” places are jails and detention centers where court interpreters work, immigration courts where immigration interpreters provide their services, and the clinics, hospitals, and urgent care facilities where healthcare interpreters work right next to people who could be the carriers of a serious health hazard.
So now the question to you all, my dear friends and colleagues is: What do we do then? Do we quit our work? Do we stop traveling? Should we avoid riskier assignments?
Of course, these questions should be individually answered, but so far, the evidence indicates that our collective answer is: No. We must continue doing the work we love and enjoy. We are providers of a professional service that is needed for most human activities. We cannot become the victims by choice. The truth is that many of us do our work in dangerous, or potentially dangerous, situations, but we are not alone. There are great professionals who are trained to protect us. The Secret Service, the FBI, the U.S. Marshals, policemen and Sheriff Deputies, our heroic armed forces, other security guards, and our own common sense, will help us when the time comes to make a decision or take a stand. We just need to be alert.
I congratulate so many of you, friends and colleagues, for your courage and sense of responsibility. Continue doing your job; charge accordingly for your professional services, taking into account the risks you take every time you do your work. The client needs to know this, and has to understand it. It is one of those intangibles that we must include in our fee, not as a separate item, but as part of what you quantify during the process of preparing an estimate. Just like you factor in your professional education and experience. You deserve it. I now ask you to please share with the rest of us your thoughts about the dangers and risks of the profession, and please do me a favor: Do not take any chances, always use your common sense. Stay safe.
Who should interpreters target as their clients in a world where many want to pay lower fees? Part 1.
July 28, 2014 § 15 Comments
I consider myself very lucky because my job takes me all over the world; this allows me to see many of my friends and colleagues as I visit their towns and countries, and also gives me the opportunity to keep up with the local interpreting and translation issues that are impacting that particular area. It gives me great joy to hear about the personal and professional accomplishments of so many talented friends; and unfortunately, I also get to see the sadness, anger and frustration of so many who are working under conditions that no professional should suffer or tolerate. I cannot tell you how many times I have listened to these horror stories where the main characters are permeated by mediocrity, ignorance and lack of ambition. It was after one of these episodes, not long ago, that I decided to write about this topic in order to identify the problems and propose some solutions that have worked for me and for other colleagues in the past. This topic is broad and will require of several posts. I will address separately on three different posts the situation of court interpreters, community interpreters, including health care interpreters, and conference interpreters.
First I will talk about the court interpreters because they are a large part of the interpreting community in the United States (only second to military interpreters) and they are a growing segment of the profession in many countries around the world. When I think of many of the freelance court interpreters I know, one thing that puzzles me is: how can they be happy and fulfilled working under such conditions? In certain administrative courts they are paid very little money, sometimes they do not get Per Diem when traveling to another location, and on top of that, they are not treated like professionals. They are required to get paperwork stamped and signed by others, sending the message that because they are not trustworthy, somebody else needs to watch what they do; And by the way, if they want to get paid on time they have to be willing to accept a smaller paycheck (there is a pay cut policy in exchange for faster pay). Of course this is an extreme case, and I would have called it the worst if this article had been written before the United Kingdom court interpreter fiasco that insulted capable professional interpreters in their professionalism and in their pockets. Of course you all know what happened over there and we are all familiar with the ever-bigger problems in the British justice system. Enough for now, but I will return to the United Kingdom court interpreter saga later on this post.
If you think that things get better for those interpreters who freelance in the state-level court system of the United States because these are not administrative courts, you have not worked there for at least a decade. At this level, in most states, interpreters make a little more money than those working the immigration court system, but they are still getting a laughable fee for their professional services. This low pay does not feel any better when you combine it with rules and policies designed for laborers and not for a professional service provider. I am talking about agency-controlled state court markets, incomprehensible policies that are keeping good interpreters from making a decent income in civil cases, the “annual payment limit” contained in some states’ independent interpreter contracts, the “even distribution” of work policy of other states where good and mediocre interpreters basically get the same amount of work from the state as long as they are state-certified, or the backwards legislation that gives certification and oversight of court interpreters to the state judiciary in a state where this was not the case, and now will pull interpreters down to the same level of the other states where the same party that hires certifies. A move unheard in other professions like lawyers and physicians, but even celebrated by many interpreters in this state. Add to this landscape all the endless and ever-changing micro-management requirements by local courthouses, many other rules that I will just skip for the sake of brevity; and finally, throw in there the agencies that are run by people with no formal education, experience, or practical knowledge of interpreting (as the ones who procure interpreting services for most administrative courts) and pay their interpreters even less money, and you will have the big picture; the same picture I see every time I hear a new story, learn of a new travesty, or witness a horrendous performance.
Dear friends and colleagues, I cannot help it, but it is at about this time that I always wonder why my friend or colleague is still working as a court interpreter under those circumstances! The answer is simple and complex at the same time. Simple because as a freelancer all it takes is a moment of courage when the interpreter decides: Enough! No more. Complex because not everybody is willing or capable of making this decision. Different people, different priorities, different ideas, different set of values, and different goals in life. Although I have belonged to the former group all my life, I understand those who belong in the latter. The thing I cannot understand is why they do not take action and change things for themselves, and maybe for their profession at the local level.
It is possible that many people living under the circumstances described above will not be able, for different reasons, to move on to another type of interpreting assignments, but they can always pick their clients wisely. Let me explain:
One thing I have never understood is why on earth so many of my freelancer colleagues see themselves as court employees. I have heard hundreds of times how they introduce themselves as interpreters for the courts; I have heard them refer to court administrators, court clerks, judges, and staff interpreters as their “boss”! Obviously this immediately tells me that if they see the court, the interpreting agency, or the state judiciary as their employer, they cannot see them for what they really are: their client.
Once the interpreter comes to terms with this issue, and understands that she does not work for anyone but herself, she can focus on picking her clients. She will soon realize that mediocre interpreting agencies, state judiciaries, and even the federal court system are nothing but clients, and clients that pay very little (some of them rarely on time) in exchange for what they expect from the interpreter. They pay low fees for the interpreting service, but many of them want you to do so many other things for the same token fee: these interpreters must prepare endless paperwork, learn (sometimes absurd) court or agency policies that are only applicable to that particular courthouse, translate documents in between hearings, attend (often self-serving) unpaid meetings scheduled by the agency or court administration; and many times they demand, without saying it, exclusivity and they “punish” an interpreter who cancels the assignment for a better paying professional opportunity. Once the interpreter sees them as another client, she will realize that, because of their practices and philosophy, they are not at the top of her client wish list, and she will understand the need to find better clients.
Now the question is: If all interpreting agencies that control the administrative courts, and all state-level court systems are not to be considered as top clients, what else is there? The answer is: The good clients!
All interpreters who want to make a decent living in the legal field need to provide their services to the private bar. It is true that in the United States the states are now observing Title VI of the Civil Rights Act, and in many cases the states are keeping independent interpreters from working any civil cases unless paid through the courts; but even under these circumstances, there is plenty to do. First, those of you who live in states where independent freelancers coexist with state contractors, and are allowed to provide their services in civil court to those who turn down the court-appointed interpreter and prefer to hire their own, you should enter this field full-blast. The federal system does not provide court appointed interpreters in civil cases, and for those who are federally certified this is another option, in fact, it is a much better option than working criminal cases for the federal court system because the pay is much better.
The main option available to all of those who have a valid certification at some level (state or federal. Private language agency certifications are not considered valid) is to become a legal or “out-of-court” interpreter instead of a court interpreter. Legal interpreters provide their professional services to Law Firms and attorneys for depositions, office interviews, witness preparation, jail visits, expert opinions, expert testimony, transcription and translation services, and even in court at the plaintiff’s or defense’s table. Interpreters negotiate their fee with these attorneys; there are no pre-set limits, no endless meetings, and for the most part, the cases are interesting: there is more variety in civil court; and the cases that you should go after involve enormous amounts of money in damages. These are the type of clients I try to have, and I spoil them, pamper them, and protect them with the best service you can find anywhere. The point is, my court interpreter friends and colleagues, if you don’t want to move to a bigger city, if you don’t want to travel, or to learn a new field, the next time you get angry because of an absurd new rule, because you are not getting paid on time, or because you got tired of being treated like a laborer instead of a professional, stop working for the system, get out there and look for the big clients: the large law firms, the corporate legal departments, and talk to them; sell them your services, and start enjoying your career once again. Who knows? If enough good interpreters leave the system, the system will have to hire mediocre individuals, and sooner or later the government will have to sit down with you and talk fees and other work conditions. This is what is happening in the United Kingdom where a group of courageous, determined, and brave interpreters walked out and never went back. They made history, inspired us all, and showed us that although difficult at the beginning, there is life after the courthouse. I invite you to share with us your opinions and comments, and I ask you to avoid name-calling, specific cases, and arguments defending agencies or the court interpreter wages.
When the interpreter faces a bigot.
July 21, 2014 § 11 Comments
Unfortunately, because of the type of work we do, all of us had to deal with uncomfortable situations at some point during our careers. To a higher or lesser degree, all of us have fielded questions like “Why do you do this work?” “How much money is “spent” (code word for “wasted”) paying for this service geared to those who do not speak the language of the land?” “How do you feel about helping these people who are not willing to assimilate to the local culture”? “Are they really that dumb that they cannot learn the language?” etcetera. Other interpreters have sat there, listening to comments such as: “If they don’t speak the language they should go back to their country,” “They want to speak their language because they like badmouthing the rest of us,” and some others that I rather exclude from this post because they are offensive and spelling them out contributes nothing to this article.
Of course, those of us who have been more than once around the block have lived through these situations more than our younger colleagues, and for the most part, we have come to understand that those making the remarks are the ones with the problem. In other words, we do not have time for this nonsense, so we just ignore them. This has been my strategy for years and it has worked fairly well.
Unfortunately, an incident happened a few weeks ago. I understand that when we think of bigotry and interpreting, we immediately picture a courtroom, a police station, a government agency, a public school, or a county hospital. You think of court, community, and healthcare interpreters as the ones dealing with these issues all the time. That may be so, but other interpreters (conference, military, media, etc.) have faced their share of this evil when practicing their profession. On this particular case, I was doing some escort interpreting for a foreign dignitary who was visiting the United States from a Spanish-speaking country. This was an important visitor, but he was not a head of state or celebrity; you see, bigotry tends to hide away when the potential target is surrounded by the media and some bodyguards. In this case I was providing my services to a very important foreign government officer who traveled alone. This individual was very sophisticated, formally educated, well-traveled, and very important back in his home country.
After a very successful visit, and once he took care of his business in the United States, we headed to the airport for the check in process. This was the last part of my job. After escorting this person for several days in different cities, after business meetings, formal events, flights, hotels, and other activities, all I had to do now was to take the dignitary to the airport, help him with boarding passes, connecting flights, immigration and customs, and send him off. I have done this thousands of times, all of them uneventful. We arrived to this domestic airport in the American south, and we proceeded to the airline ticket counter. The airport was pretty empty and we walked straight to the counter where we found a middle-aged Caucasian male wearing the airline’s uniform. I handed the passport and other required documents, identified myself as an interpreter, and told him what we needed. He looked at me and then he turned sideways in order to exclude me from the conversation and he addressed the visitor directly. This person, a guest in our country, looked at me and told me that he did not understand. I interpreted what the airline clerk had asked him, and once again told the clerk that the visitor did not understand him because he did not speak English. I explained to him what my role was, and asked him to ask his questions as usual. He looked at me once again, and this time he completely turned so that I was fully excluded from the conversation. He continued to address the visitor in English. The visitor looked for my help and this clerk did not let him. He told him that he “had to listen to the questions and answer them himself.” The guest told him in broken English that he was sorry but he did not understand the questions because he did not know English. The clerk smiled and asked him with a smirk: “You don’t understand English and you live in the twenty first century amigo?” I continued to interpret all this time, and when I saw that this clerk was going to give the visitor a very hard time, I asked the dignitary to step away from the counter and have a seat. I told him that I was going to take care of this situation. The visitor honored my request and went to a chair that was at a good distance from the counter so that the guest would not have to hear what I was about to say. As this was happening, the clerk yelled at him: “hey, ‘amigo’ you cannot leave, I am talking to you.” Once the visitor left, I addressed the clerk directly and once again explained to him the circumstances, including my role as the escort interpreter. He first looked at me for several seconds, then he laughed, and finally he told me that at his airport (remember this was a domestic airport with no international flights) they spoke English because “it was located in the United States.” He told me that he was going to ignore me because his job was to make sure that “this guy” would be able to get around once he was alone. He even told me that he was considering denying him a boarding pass because he was not going to find his way at the hub where he was supposed to take his international flight. He also told me that it made him mad that “…this country was letting in people who didn’t even care to learn English before coming to the United States…” At this point he told me that he needed the guest by the counter alone or he would deny the boarding pass. He then walked away and left. I looked around to confirm what I already knew: there was nobody else from the airline in sight.
Because of time constraints and due to the lack of infrastructure at this airport, I decided to tweet the basics of the incident with the airline hashtag. I immediately got an answer, and in a matter of minutes (maybe seconds) a different airline clerk met me at the counter. This individual took care of the visitor addressing him directly through the interpreter and the rest of the process was completed without incident.
After the visitor left, I decided to follow-up on this incident and I filed a formal complaint against this individual. I did it so that others do not have to go through what we did, and to raise the awareness of the airline. Professionally, I was satisfied with my performance: I took care of the problem, the visitor left as planned, and he noticed very little of what happened, thus avoiding an uncomfortable situation for this person who was a guest in the United States. This episode reminded me that despite the way things may be in the big cities, there are still plenty of places in the United States, and elsewhere, where we as interpreters must be on our toes and be assertive to do our job even when we face adverse circumstances. This time it was an escort interpreter assignment, but these situations are prone to happen in the courtroom, at the hospital, the public school, the government agency, and everywhere unsophisticated individuals are found. Always remember: bigotry could be around the corner, so be ready to act. I invite you to share with us some stories of your interactions with bigots who have directed their hate to you or to your client.
When the interpreter thinks the attorney did something sleazy.
July 14, 2014 § 4 Comments
I was contacted by a colleague who wanted my opinion about a professional situation that was making her life miserable. Her problem was that she had been part of a court assignment where an attorney did something she disliked. At the time she contacted me she was debating about letting it go, or reporting the situation to the judge of the case. I listened to the facts, and I immediately remembered other events where an attorney’s conduct had been questioned by other interpreters. This is her story:
An interpreter was hired to work during a deposition at a law office. While waiting for the assignment to start, she had a conversation with other individuals in the waiting room. One of the others was also a court interpreter. Finally, after a long wait, a secretary came to the waiting room and announced that the deposition had been cancelled. The interpreter went home, she got paid on time for this assignment, and she forgot about this incident.
Several months later, she was contacted by another agency that offered her a transcription/translation assignment. She agreed, and a few days later she received a CD with the audio recording. She began the transcription, and about an hour into the transcription, she concluded that she knew at least one of the voices in the recording; it was the voice of another interpreter, in fact, it was the voice of the interpreter she had been talking to, months earlier at the law office, while she waited for the deposition to start. She immediately knew that she had to stop the transcription and report this circumstance to the agency. A decision had to be made about her involvement in the transcription job. Before contacting the agency, the interpreter decided to see if the other interpreter’s voice was all over the recording or just at the beginning. She had just been working on the transcription for about an hour, so she wanted to find out. She fast-forwarded the recording, and to her surprise, she now recognized a second voice: It was her own voice! She was part of the recording the agency sent her, and the recorded conversation was the one they had at the attorney’s office on the day the deposition had been cancelled months earlier. This obviously changed everything, and the possibility of continuing on the job if the parties consented to it after a full disclosure was now gone. She knew she could not continue transcribing the recording. She immediately contacted the agency and told them what happened. The agency retrieved the recording and sent it to another transcriber. The interpreter was paid for the work done even though the agency knew that they would never use the transcription. The real problem for the interpreter was that she did not know that she had been recorded and she wondered why this had happened, what they were going to use the tape for, and what she should do about the whole situation. She did not even know if the recording was legal or not.
The recording was related to the case where she had been hired to do the cancelled deposition; she knew the attorneys involved, and she had heard that they both practice law very aggressively. She felt bad and she felt cheated. The interpreter thought that this strategy had been sleazy and perhaps illegal. Her first impulse was to contact the judge in the case and let him know that she had been recorded without her consent. Something had to be done.
Fortunately, she waited and thought it over. Without revealing any names or details of the case, she consulted an attorney and learned that in her state, as long as one of the parties to a conversation is aware of the recording, and she consents to it, the rest need not know or consent for the recording to be legal and even admissible in court. Based on this, the interpreter did not go to the judge or anybody else. She had no legal standing and no law had been broken by the attorney who ordered the recording. In fact, she realized that she could not even disclose any of these facts to anybody else because of the interpreter duty of confidentiality, which cannot be broken unless a crime was committed or may be committed unless the interpreter speaks. Going to the judge would have been the wrong thing to do because she really had nothing to report. She learned a valuable lesson after this case because she understood that in an adversarial legal system, the attorneys may do things that we dislike, but as long as they are legal, they are allowed to do them, and we should not get involved or judge the legal strategy.
On the second case I will now share with you, I was interpreting in a plea hearing many moons ago. The defendant was going to enter a plea of guilty to a federal offense. I was working for the court. I arrived to the courtroom about fifteen minutes before the hearing, which was customary at that courthouse, I let the clerk know that I was there, and I sat down to wait for my case. The defense attorney arrived about five minutes later and asked me to help him with his client. He told me that the defendant, who was in detention, was already in the holding cell, and that he needed to talk to him for a few minutes before the judge came out for the hearing. As many of you know, this happens all the time in federal court in the United States, so I agreed and off we went next door to the holding cell. The moment we arrived I realized that the defendant spoke some English and understood many things; however, he was far from being fluent, and definitely needed an interpreter for the most complex legal concepts. As soon as we greeted the defendant the attorney started this, in my opinion, self- serving speech telling his client (the defendant) how hard it was to get him the deal with the prosecution, and that this was his chance to bring the case to an end by just pleading guilty to the charge in the plea agreement. Then the attorney “asked him” but in reality told him “the agreement is almost identical to the version you already saw before when I went to see you with the other interpreter, remember?” and “…the judge is going to ask you if you were interpreted the new version by a certified interpreter and you are going to say yes because if you don’t, then the judge will continue your case for another day, maybe in a month or two, and you will have to sit in jail all that time waiting to come back in here. All of it for a document that practically says the same that the one that was interpreted to you before. Do you understand?” Of course I interpreted all of this to the defendant and he said yes. Next, the attorney told his client that “… when the judge asks you if you have any questions you need to say no, unless you have any questions, and if that is the case we will have to come back before the judge in the future, and he is going to ask you if everything was interpreted to you into Spanish and you will say yes because as you remember we went to the jail and the interpreter interpreted everything, including your questions, right?” The defendant said “yes.” The attorney continued: “…Well then, let me ask you right now: has the plea agreement been explained and interpreted to you in Spanish?” The defendant answered: “yes.” The lawyer continued: “…Has your attorney answered all of your questions with the assistance of an interpreter” The defendant: “yes.” Finally the attorney added: “…Do you have any questions at this time for the judge, for me, or for anybody else about your case, charges and plea you are about to enter?” Once again the defendant said “no.” “…Great” said the lawyer; and added: “… So you know why you are answering the way you are right?” The defendant: “Yes, so I can go to prison sooner.” Attorney: “…and, even though we didn’t interpret the latest version of the agreement, since we went over another version that was practically identical, you will tell the judge that we did right?” Defendant: “Yes, I will tell him that you explained everything to me through the interpreter, and in my mind you did, and I really believe so, and I have no more questions. I know what I am doing and I just want for all of this to be over.”
We went in front of the judge who asked the very same questions. Both, the attorney and his client answered almost with the same words as they had used in the holding cell. The judge entered the conviction and the defendant left very happy with the outcome of the hearing, on his way out he told his attorney: “…thank you very much. You are a great attorney. You know what you need to do for the benefit of your client. I will send you clients…”
Although the attorney and the defendant did not lie to the judge because they phrased everything very carefully, thus avoiding breaking the law, and despite the fact that the attorney had fought for, and vigorously defended his client’s best interest, which was to go to prison as soon as possible so he could start some treatment not offered by the jail, I left the courtroom feeling a little strange. I knew there was nothing for me to do since no laws were broken, and everything had been legal strategy between client and attorney discussed in confidence and under the protection of the client-attorney privilege, but it took me a couple of hours to get over it; you could even argue that I did not get over this case since I am still telling the story so many years later, but the truth is that yes I got over the case, and the reason why I am sharing the story with all of you now is because both the defendant and the attorney have since passed away, so there is no privilege anymore.
I would like to invite you to share similar stories or comments about things you have done or were tempted to do when in your opinion an attorney did something sleazy.
Should Consecutive Interpretation Disappear From Court?
November 4, 2013 § 15 Comments
Every time I write about some issue that involves consecutive interpretation in court, I get a considerable number of comments arguing for the disappearance of this mode of interpretation. Whether it is because of how difficult it is to render it, or due to some legal issue, the fact is that the number of interpreters, and courts, moving away from consecutive interpretation from the witness stand is growing every day.
Currently, there are many courthouses in the United States where the interpretation of a witness’ testimony is done consecutaneously: The attorney’s question is interpreted simultaneously by an interpreter sitting (or standing) next to the witness and the answer is rendered consecutively by the same interpreter. Other courthouses are using one interpreter for the simultaneous interpretation of the question, with the help of interpretation equipment, and a second interpreter, sitting (or standing) next to the witness, who renders the answers consecutively. The feedback from both systems, as far as I have heard, is positive. Apparently this approach solves the problems presented by the way cross-examination is phrased, keeps the jury focused on the witness, and not on the interpreter, and eliminates the unfair advantage that some witnesses have in cases when they speak some English, but prefer to employ the services of an interpreter, thus having an opportunity to reflect on their answer to a question while they “listen” to the interpreter’s rendition of said question. It is also true that this is not a “bulletproof” solution. Consecutaneous interpretation from the witness stand can be confusing to some lay witnesses; and in the case of different interpreters for questions and answers, it could present a problem when both, the question interpreter and the answer interpreter interpret correctly but using a different term. For what I hear, judges and court administrators love consecutaneous interpretation because it saves a lot of trial time, as the time for the consecutive rendition is eliminated altogether.
I must confess that for a long time I was a “purist” who opposed consecutaneous interpretation in the courtroom. Although I still dislike consecutaneous interpretation, I have changed my mind. Now I believe that in this world full of technology, where we go to the booth with nothing but an iPad, where we can do a word search in seconds, where we can interpret remotely from a different continent, we need to take advantage of everything that exists out there. The technology for simultaneous interpretation of a witness testimony already exists. I dislike consecutaneous interpretation not because I want to keep the consecutive mode for the witness stand. I dislike it because I think that we interpreters deserve better, the court deserves better, and the witness deserves the best possible access to the source language: simultaneous interpretation. Real time interpretation of everything that happens during the hearing or trial. Let us leave consecutive interpretation where it is needed: escort interpretation, jail visits, and some aspects of medical and community interpreting.
In an era where many hearings are held with the defendant appearing remotely by video, and attorneys file their pleadings electronically, there is no excuse to keep interpreting back in the Stone Age. There is no reason why the witness, judge, attorneys and jury cannot have access to a headset to hear in their native language the questions and answers. The argument that it is too complicated, that these people will be distracted by the equipment, is absurd. We are talking about the same people who drove themselves to court while listening to the radio or talking to their kids on the back seat of the car. We are talking about the same people who talk and text, walk and surf the net at the same time. Learning how to switch a button on and off is not brain surgery; moreover, they can just remove the headset when they don’t need to use it. By the way, this would also eliminate the distraction of having the interpreter next to the witness. It would remove the distraction of the interpreter’s whispering from the courtroom as we could be working from a booth like in all other venues where we render our services, and it would ensure more accuracy as we will be able to hear everything better from the booth. Will this cost money? Yes it will. Will these changes take time? Of course they will. It is all true, but at some point in time we have to start. Maybe if we start now the new courthouses will be designed and built with a booth. In new colleges and universities classrooms are built this way. Perhaps it will be other court systems that take the first steps towards this best solution. Many countries are switching over to the oral proceedings. They are building new courthouses. Maybe they can be the pioneers. Maybe the European courts will be the frontrunners now that they are implementing their new court interpreter system.
The point is, dear colleagues, it is clear that we need to move towards full simultaneous interpretation of all court proceedings. All that remains to be decided is when we start and where we take the first steps. Please share your comments and opinions on this issue.
The ten worst things an attorney can do to a court interpreter. Part 1.
March 26, 2013 § 6 Comments
I know that many of you read and contributed to the first posting of this series that dealt with the bad things that judges do to court interpreters. Well, it is now time for the lawyers to be on the spotlight. Several years ago I was retained by an attorney (I had never met before) to interpret for a petitioner during the final hearing of a divorce proceeding (final orders, permanent orders, final decree hearing, depending on the place where you live) The attorney contacted me the day before and agreed to pay my urgent fee usually charged for events requested on short notice. “…It will be really quick…” he said, “…the respondent isn’t even in the country. We’ll be in and out…” So we appeared in court the following morning, the judge took the bench and the hearing began. After the attorney made his arguments to the bench, the judge asked the petitioner how long had he and his wife lived together in the United States. The petitioner answered in Spanish that his wife had never been to the United States. After a few more questions, and while the attorney was sweating bullets because of this “unexpected” development, the judge dismissed the case stating that he lacked jurisdiction over the parties as they had never lived as a married couple within his county limits. Of course, I interpreted everything to the petitioner but it was clear that he did not understand. During the judge’s oral decision that turned into a scolding to the lawyer, the attorney turned to his client and whispered in Spanish: “luego te explico” (I’ll explain later) Once the hearing ended and we were in the hallway inside the courthouse, the attorney approached me and asked for my invoice telling me: “…Give me your receipt so we can get the money from my client and you get paid. I don’t think that he will be willing to pay for anything once he understands what happened…” So the lawyer asked his client for my fee, I got paid cash right there inside the courthouse, and the attorney asked his client to go to this office with him so he could explain what had just happened and the reason why “this judge” had decided not to divorce him “yet.” Well, under any standards this is a horror story that we as interpreters sometimes have to live through; however, this is not a posting about the worst ten things that attorneys do to their clients. This is about the ten worst things they do to us interpreters, so horror stories like the one I mentioned will have to wait for their day on center stage.
Once again keep in mind that I will focus on the attorney, intentionally leaving the clerk’s worst 10, witness’ worst 10, and so forth for future articles. I am writing this with a therapeutic perspective, trying to add some possible solutions to these problems while at the same time creating empathy and inviting a good healthy laugh when relating to these horror stories. I also want to underline that most of the attorneys I work with are real professionals I have worked with for years. Those who fit this article are not on my list of regular clients. Unlike with the judges, we as interpreters get to chose the attorneys we work with, and that is a big difference. Because of the length of this posting, I have decided to publish it in two parts. This is part one. Part two will be posted next week.
Here we go:
- “You are going to charge me all that money just for talking?” Those lawyers who do not have the slightest idea of what we do and firmly believe that because we speak two (or more) languages we are pocketing easy money. A quick solution would be to stay firm and tell him that we are not just talking, that we are interpreting, and simply say that this is what you charge, that you provide a professional service, and that you will not bargain with them. Long term solution: Talk to the attorney and explain your services in depth. Make him see the advantages of having a real professional interpreter and run by him the potential problems and complications when the service is poorly provided. With certain clients you can even adjust your fee because of the work volume they represent. If all these efforts fail, just fire the client; do not accept any work from him. Remember, a cheap client will be a bad client in all other aspects of the professional relationship. Move on.
- “Here, take these papers and explain them to my client.” There are attorneys that think of us as their servants, paralegals, co-counselors, and many other things. They seem to think that it is a waste of time for them to be around when you are going to be doing “all the talking.” A good short term solution is to ask them with great emphasis if what they mean is that they want you to sight-translate the documents and to tell their client that they will answer any questions after you finish translating. Repeat the last part to the defendant before you start translating, and refuse to answer any questions. For a long term solution you can explain what your legal and ethical boundaries and obligations are, what is exactly a sight translation, and suggest that these documents be read in advance at the detention facility or the law office (depending on each case) If hired by the court, you should ask the coordinator/supervisor to talk to the attorneys in order to avoid these situations in the future.
- “Your Honor, that is not what my client said”. It is common for the Attorney to speak the native language of the defendant. This is usually one of the main reasons a non-English speaker goes to a certain attorney. You and I know that there are many lawyers who think they speak the foreign language even when their level is way below fluency .Any attorney will tell you that it is impossible to know what a client will tell the judge, and they often say something that will hurt them, especially those who come from a different culture. Because of the attorney’s knowledge of the foreign language, he will usually learn the disastrous answer given by his client before the words are interpreted to the judge, and many times they will try to blame the poor answer on the interpretation by saying that their client didn’t say what the interpreter said, or by arguing that the question was not interpreted correctly. One time a lawyer interrupted me in open court arguing that his client had not said what I interpreted, that she was Cuban and therefore I was not qualified to understand and interpret her answers. What I did next is a good short term solution: Simply state on the record that you stand by your interpretation or rendition, and if necessary state your credentials. A more durable solution would be to make sure judges and attorneys know and understand that we are the language experts in the courtroom, that when we make a mistake we admit it and promptly correct it, and that our preparation and credentials go beyond speaking two languages. We should always interpret what the client says, even when the attorney wanted them to say something else.
- “I know I had to pay you long ago, but I cannot pay you because my client hasn’t paid me yet.” It is common for the lawyer to think that “we are in this together” and assume that it is perfectly fine to delay our payment when their client hasn’t paid them. Unfortunately for those attorneys, we have no client-provider relationship with their client. Our legal relationship was established by a written (ideally) or an oral agreement to interpret during a certain specific event at a certain rate. This legally binding agreement is not conditioned to a foreign event such as the attorney being paid by his client who happens to be a third party in this interpretation contract. To solve the problem as expeditiously as possible when you have no written agreement, talk to the attorney (he knows that his payment has nothing to do with you) and negotiate payment; maybe if you give him two weeks to pay; you can also take partial payments if you trust the lawyer, but never wait until he gets paid. Many clients never pay their attorneys when they did not get everything they thought they would get from the case. If you have a written contract, stick to it. Send it to a collections agency or take the lawyer to court if necessary. Remember, this is how you make a living and you earned the money. The long-term solution for all services in the future, especially when you do not know the Law Firm very well, has to be a written contract detailing payment, default of payment, and collection costs. In my experience all attorneys sign it when asked to do so. We have to be smart and take advantage of the legal protections that exist.
- “Sorry Judge, but we are late because the Interpreter took forever reading the plea agreement.” Some attorneys want to save themselves a trip to a detention center by informing their clients about a potential plea agreement when they see their clients in court. I have had many lawyers ask me to read a plea agreement or a presentence investigation report just minutes before a scheduled hearing. I cannot count the times that I have read these documents in holding cells and jury boxes. Then, after reading the always long and exhausting documents, most attorneys answer their client’s questions. Of course, reading these documents really means sight translating them because they are written in English. As you know, this is a difficult task and it takes time to do it right; add to that the time the attorney has to spend answering questions from the defendant and sometimes convincing his client to take the offer because that is the best possible outcome of the case. When done properly, we are talking of hours of work, and I haven’t even mentioned the time it takes for the jail to bring the defendant to the holding cell. Of course it is true that while we are working our tail off doing this sight translation, most attorneys are just sitting there doing nothing. I am sure it is extremely boring and frustrating to see how the time goes by and the time for the hearing approaches, but it does not justify blaming the delay on the interpreter who has been working hard all this time. It is the attorney’s obligation and responsibility to defend and advise his client, they know how long it takes to go over those documents, and they know that it should be done on an earlier date. Such a situation can be avoided by talking to the lawyer as soon as he requests the sight translation and telling him that the process will take time and most likely will not be over by the time the judge calls the case. Now it is the attorney who has to decide what to do: request a continuance, be pushed to the end of the docket, change the hearing to the afternoon, etc., and if he ignores the suggestion, as an officer of the court you can always answer the attorney’s complaint by stating on the record what just happened. This will cover you in case of a formal complaint or investigation by the court. The better long-term solution would be to always agree with the private attorney to do these sight translations days before a hearing, and for the court appointed attorneys and public defenders you should talk to the courthouse’s chief interpreter or administrator and ask them to require these documents to be read to the defendant ahead of the hearing date.
These are my first five. Next week I will post the other five. In the meantime, I invite you to share your stories, anecdotes and opinions regarding this frustrating but essential part of a court interpreter’s professional practice.
True story: Authorities of a state that does not offer court interpreter certification wanted proof that the interpreter was certified by the state.
August 22, 2012 § 7 Comments
This is a true story. It just happened to me a few months ago. One day I was interpreting at the Federal District Courthouse in Chicago when a private attorney approached me and asked me if I would go to the county jail with him to see a client. Although I had never been to Cook County jail, I said yes as this attorney works in Federal Court all the time. We set a date and time for the visit, he gave me the address to the jail, I googled the directions, and off I went to my assignment. After this public transportation city interpreter looked for a place to park for quite some time and finally found one, I met the attorney outside the facility. We entered the jail just to find out that our client was housed in another division that was about four city-blocks away. We took advantage of the long walk to catch up on the case, and to get work for the shoe-shine man as our shoes got really dirty from walking on these dirt roads.
We finally arrived at the right building, we were frisked, and then we were told that I could not enter the meeting room because I had not been authorized by the court to be there. The custody officers told the attorney (my client) that unless we had a letter from the judge or from the Department of Corrections Legal Department authorizing my presence in the jail, we could not do the interview. Of course, by now the defendant had been brought downstairs and she was witnessing everything from the other side of the glass, not knowing what the delay was for. The jail authorities explained to us that only certified interpreters were allowed inside the facility. The attorney told them that I was certified by the United States Administrative Office of the Courts, but their response was that they needed to see proof that I was certified by the State of Illinois. I explained to them that Illinois is one of the few states that do not have a certification program; I mentioned how the Illinois State Courts work with non-certified interpreters every day, and how I worked within the federal court system where they have a certification policy in place. I even explained to them that I am certified by two states that are members of the consortium of states that offer court interpreter certification. It did not matter at all. They needed proof that I was certified by the State of Illinois.
Once we realized that we were in an impossible situation, and after the officers did not allowed us to use the phone to call the jail legal department to explain our case, we turned around and left. Of course, I still got paid by the attorney. Of course, the attorney billed the client for the time he spent there; but as I was leaving the facility I could not keep myself from laughing. At the end of the day the jail officers were right, at least partially, there should only be certified interpreters working that jail. The problem is that the State does not have a certification program, and nobody has told these officers that to ask for an Illinois Court Interpreter Certification is as useless as to ask for the interpreter’s death certificate before he can enter the jail. I decided to post this experience in the blog because it seems so unreal. I would love to read your comments about this very unique experience.