January 15, 2018 § 4 Comments
Most professional, dedicated, court interpreters in Europe and the United States are constantly fighting against the establishment: government authorities who want to dodge the responsibility of administering justice to all, regardless of the language they speak, by procuring a warm body next to the litigant in the courtroom regardless of the skill and knowledge of the individual; ignorant and egotistical judges who believe they know everything about language access and interpreting, and make absurd decisions, when they know less about our profession than anyone else in the room; bilingual lawyers who cannot tell the difference between being a professional interpreter and speaking a second language with limited proficiency; monolingual attorneys who believe interpreting is easy and interpreters are only an intransigent bunch demanding nonsensical work conditions (like team interpreting) and get paid for what they do more than they deserve; and of course, greedy unscrupulous agencies who spend most of their time trying to figure out two things: How to pay interpreters less, and how to sell a mediocre paraprofessional low fee foreign-language speaker to their clients.
There are exceptions everywhere and in some latitudes court interpreting can be performed at a high quality level (even though, in my opinion, most court interpreters are still getting paid very little compared to the other actors in a court proceeding such as attorneys, expert witnesses, and judges), but there are no places, that I know of, at least in the United States, where you can find the support, understanding, and respect I found in Mexico during their transition from written court proceedings to oral trials where interpreters play a more relevant role they ever did under the old system.
During the last two years I have attended many conferences, meetings, one-on-one interviews, where I have talked to the parties invested in the system about the work court interpreters do, the need for some quality control process such as an accreditation or certification of the professional court interpreter, the non-negotiable principle that interpreters must make a professional fee that will let them have the lifestyle they may choose and will retain them as practitioners of the interpreting profession, and the work conditions for the professional court interpreter to provide the expected service. I have had many memorable experiences, and I will share with you those that I consider essential turning points in the design of the court interpreting profession in Mexico.
For the past two years I have attended the “Taller de profesionalización de los servicios de interpretación de Lengua de Señas Mexicana en el ámbito jurídico” (Professionalization of Mexican Sign Language legal interpreting services workshop), the brain child of Mexico’s federal judge Honorable María del Carmen Carreón, who has done more for the court interpreting profession than any person I know who is not an interpreter. Judge Carreón and her team organized these workshops that bring together Mexican Sign Language interpreters from all over the Mexican Republic, the most influential Sign Language Interpreter professional associations in the country, legal and language scholars, attorneys from all fields, and judges from all levels and jurisdictions: from Federal Supreme Court Justices and State Supreme Court Justices, to federal and state criminal, civil, family, administrative, and electoral judges.
These participants meet for three days at different locations: courthouses and universities, to learn from each other, and exchange ideas on how to make it easier for court interpreters so they can fulfill their role in the administration of justice to all individuals, regardless of the language they speak. The new court interpreting manual I recently published results from this extraordinary professional relationship that has developed among my co-authors: Judge Carreón and Daniel Maya, president of the largest professional association of Sign Language interpreters in Mexico, and me (Manual del Intérprete Judicial en México, Carreón, Rosado, Maya. Editorial Tirant Lo Blanch).
During these trips, I have witnessed the willingness of all parties to learn the new system together, I heard often about the commitment to a good professional fee for those interpreters who get a court interpreter patent as a “perito” (equivalent to a certification or accreditation in other countries), and I saw a system with a new culture of cooperation where interpreters getting materials and full access to a case will be the rule and not the exception. I saw how all actors understand the need for team interpreting without even questioning the reasons behind this universally accepted policy. I heard judges telling interpreters to come to them with their suggestions and requests, and lawyers who want to learn how to work with the interpreter. Our manual has been presented before many institutions, including courthouses and attorneys’ forums to standing room only.
It was at one workshop, and through Judge Carreón, that I met Mexico City Civil Court Judge Eliseo Juan Hernández Villaverde and Mexico City Family Court Judge Teófilo Abdo Kuri. Both judges graciously invited me to their courtrooms so I could observe how the oral proceedings are being carried under the new legislation, and to have a dialogue on court interpreters’ best practices so our Mexican colleagues can provide their service under close to ideal conditions.
At their respective courtrooms I met their staff and I saw how everyone was treated with dignity and respect. After fruitful talks with both judges, I observed the proceedings, and afterwards met with the judges to physically suggest changes to the courtroom to make it more “interpreter-friendly” to both: sign and spoken language interpreters. To my surprise, these suggestions were welcomed immediately, and Judge Hernández Villaverde rearranged the courtroom right on the spot, in my presence, to make sure that everything was as suggested. Finally, it was agreed that court interpreters and those studying interpreting will have regular visits to their courtrooms where they will observe proceedings and after the hearing can ask questions to the judges.
A major factor in the success that Mexico is enjoying, is due to the absence of irresponsible interpreting agencies that hire a high school level “coordinator” to recruit paraprofessionals and convince them to work for a fee (they call rate) that will seem good to them (compared to their minimum wage job prior to becoming an “interpreter”) but would be insulting and disrespectful to any professional interpreter charging the professional fees that their service commands.
There are some in Mexico, judges, attorneys, and interpreters, who are not fully on board, but they are not stopping the new culture. They are not killing the excitement and willingness of all parties to grow professionally in the new legal system the country has adopted. There are many things to do, but an environment fosters the achievement of those goals.
I hope that me sharing the situation of the court interpreting profession in Mexico can inspire many of us in other countries and legal systems, and teach us to keep fighting for what is right without ever giving up in our dealings with the judiciary, and to never give in to the insulting conditions offered by those who want to see us as an “industry” instead of a profession. I now invite you to share with the rest of us your goals and achievements within your courthouses or hospitals (for healthcare interpreters).
June 26, 2017 § 11 Comments
Lately, I have been traveling extensively both, domestically and abroad. This has exposed me to many problems and challenges our profession faces all over: An interpreters’ union as the answer to our problems; individuals in decision-making positions constantly advancing the interests of those who seek to eliminate interpreting and translating as professions and turn them into assembly lines at the service of a bizarre “industry”; government agencies charging for interpreting services in settings where it may be legal but it is an unfortunate decision; agencies unilaterally changing contractual terms and interpreters who “celebrate it”; hospitals bragging about their use of non-certified healthcare interpreters…
I will address them all in due time. I will also launch a weekly comment on my You Tube Channel: ”The Professional Interpreter’s Opinion”. First. I would like to bring to your attention a situation I have encountered everywhere, particularly in the United States, that makes me feel uncomfortable.
Everywhere I go: professional conferences, interpreting assignments, interpreters’ social gatherings; and in everything I read: blog posts, newsletters, professional publications, internet forums and groups, and professional emails, a significant group of colleagues are actively advocating for equal access to healthcare services, state-sponsored assistance programs, and administration of justice, to all individuals who do not speak the local official or customary language. With the United States: English.
I have nothing against equal treatment for all people. I think it is needed and deserved. It actually makes me happy to encounter programs or systems designed and executed in a way inclusive of every individual, regardless of the language they speak or sign. The thing is: I do not believe that we as interpreters or our professional associations as entities, should be advocating these changes or the delivery of the services. It is for government authorities and individuals involved in social activism to push for, and implement the policy and legislation that will protect us all and guarantee that equality.
Our role as interpreters should be to make sure those interpreting services that will guarantee equal access to all members of society are delivered correctly, by real professionals who meet all education, certification and licensing requirements, observing the highest professional and ethical standards. This must be our priority, to educate others about the profession, and to denounce those who take shortcuts either by allowing unprepared people to deliver the service, or by ignoring policy and legislation to save a buck.
Some of you may ask: Is this not the same as advocating for equal access for all? The answer is not. Let me explain.
When the Obama administration decided to finally observe Title VI of the Civil Rights Act as it applies to those members of society who do not speak English and request a public service funded by federal money, individual states were told to provide, free of charge, language interpreters in all civil court cases where a non-English speaker requested access to a government program or service funded with money from the federal government. Until then, many state governments were furnishing court interpreters for criminal cases free of charge. Litigants in civil matters had to retain their own interpreters and pay them as all professionals get paid in society: according to the terms of a professional services contract between client and interpreter. Since these fees charged for these services were regulated by the free market, when compared to interpreters’ pay for criminal matters where the state would pay directly to the interpreter based on a preset fee schedule, interpreters would receive a better fee for services provided in state civil court. In a free market this meant that interpreting services were better in civil court. Better interpreters could compete for better pay while other interpreters had to settle for the state-set fee universally paid to all interpreters with no distinction based on their experience or quality of service.
Implementing Title VI ended the system described above as from that moment, state civil court interpreters would be provided at no cost to the litigant, and interpreters’ fees would be paid by the state at the same rate as criminal court cases’. This change killed the practice of many of the better certified court interpreters, in some states because they were banned from court unless working through the state, and in others, because once attorneys and litigants learned of the availability of free interpreters they seldom chose the most-expensive privately retained interpreter (even where they were better than those interpreters offered by the court).
To my dismay, many interpreters celebrated this change and even pushed for its implementation where it had not been adopted by the local courts. I was happy that interpreting services were provided to all, but I was confused on why those making a living as court interpreters would be happy about losing a good source of income.
It is very difficult to understand why so many interpreters actively defend the rights of those who do not speak the official language of a country, and constantly push for an increase on certified interpreters. I believe that our profession would be better served if we, the professional interpreters, were to spend our time, money and efforts promoting renditions of a better quality, the use more capable interpreters, higher professional fees to attract better people to the profession.
Instead of demanding that a civil court furnish an interpreter, or a hospital provide an interpreter to a patient, we should be demanding an end to despicable practices such as allowing those who failed a certification exam to practice the profession as “accredited” “qualified” or whatever. Instead of advocating for more interpreters in a school district, we should be demanding that agencies who unilaterally change the terms of a professional services contract be expelled from the interpreting agencies’ roster. Instead of worrying about how poorly doctors, nurses, attorneys, and judges treat non-English speakers, we should be worrying about state agencies refusing to pay travel expenses and Per Diem to interpreters who travel to provide a service.
I do not say that all those other things are not important. I am not saying those other things are fine. All I am saying is that it is not up to us to advocate for them. There are others whose job is to protect these individuals. Nobody else will protect interpreters but ourselves.
Some may say that part of a community interpreters’ duties include advocating for the client. My answer is that they are right. However, the advocating that community interpreters must do is none of the above. A medical interpreter must advocate for a patient when there is a defective communication due to a cultural barrier. A court interpreter must advocate for the client when the defendant, victim, or witness cannot be understood because of lack of cultural knowledge by the English-speaking parties. That is expected. Being an activist for the rights of the non-English speaking population is not one of the interpreters’ duties.
If interpreters want to participate in activism for these populations they should do it, but not as part of the profession. Involvement in equal- access campaigns as professional interpreters, or as a profession, should be limited to those cases where by promoting the addition of interpreter services to a certain program or service will benefit us as a profession because it will be generating more work opportunities for certified, true professionals who will be making professional fees, while , closing the door to paraprofessionals, those who have failed a certification exam, and all agencies who unilaterally change contractual conditions in detriment of the interests of the interpreter.
This, my friends, is how we should channel our energy when we want to advocate for a cause that touches on the profession . I now ask you to please provide your comments on this issue.
February 22, 2017 § 1 Comment
For years, and especially during the past few months, there has been a lot of talk about the communities of foreign-born individuals who are physically present in the United States. All aspects of their lives have been debated and scrutinized: from their immigration status to their religion, from their ethnic origin, to the language they speak at home. Many articles have been written, and many discussions have been held about their right to stay in the country, the impact they have on the economy, and the actions of the federal government regarding their admission to the United States and the exclusion proceedings instituted against them. The policy the federal government has adopted towards foreign-born individuals in the United States has been rightfully questioned, criticized and denounced.
As interpreters, we deal with foreign-born people on a daily basis. We see what happens at the immigration courts (EOIR), the United States Immigration and Citizen Services’ (USCIS) interviews, Equal Employment Opportunity Commission (EEOC) hearings, and the federal judicial system. The news are not always good, but at least they are on the spotlight. Scandals such as SOSi’s abhorrent practices towards immigration court interpreters, the White House’s six-country travel ban, and the talk about the wall between Mexico and the U.S. are forcing the issue, and eventually things will have to change.
Unfortunately, foreign-born individuals physically present in the United States as immigrants, non-immigrants, and undocumented, face another terrible injustice that is turning into a reality, and eventually it could become an everyday threat: I am referring to a practice followed by state courts in many places that is gaining popularity and acceptance by the establishment, sometimes due to ignorance or indifference, and many times because of incompetence and greed.
This modern form of potential discrimination by state-level Administrative Offices of the Courts against people whose first language is not English has to do with access to justice: It is evident to me that state governments could be systematically discriminating against people who lack fluency, or do not speak English, by denying them the services of certified court interpreters in languages with a certification program, just because state government officials want to save money.
It is undeniable that those states where the language access program is not managed by a professional interpreter are at a tremendous disadvantage because there is a person with neither knowledge nor interpreting background at the helm; but the problem is even worse. Some states where the head of the program is an interpreter, and many state-level courthouses with full and part-time staff interpreters are just passively allowing for this to happen without moving a finger for fear to lose their jobs.
The potentially discriminatory practice goes like this:
During the Obama administration, state-level courts were made aware of the fact that the federal government was going finally to enforce, after almost forty years, Title VI of the Civil Rights Act which allows the withholding of federal funds dedicated to the states when the latter do not provide universal access to all the services offered, even if some accommodations need to be made in order to avoid discrimination based on many categories, among them not being able to speak, or fluently speak English. This included all state-level courts.
Before this development many states were running court interpreter certification programs. California had its own program, and in July 1995 Minnesota, New Jersey, Oregon and Washington State founded a consortium. Other states joined the consortium, and many states began to offer the services of certified court interpreters for criminal cases. A handful of states even provided certified court interpreters for certain litigants in civil cases. Unfortunately, lack of vision by the Administrative Offices of State Courts and by State Legislatures made the profession’s growth difficult because they refused to pay certified court interpreters a professional fee commensurate to the difficult, and sometimes dangerous, services provided.
This reality, coupled with judges’ ignorance that permitted non-certified court interpreters to appear in court, even though the needed language pair has a certification program, and certified interpreters were available, created an exodus of many of the best interpreters who migrated to more profitable interpreting fields, and made the profession less than attractive to new generations.
When the notice of enforcement of Title VI of the Civil Rights Act arrived, the states were faced with the possibility of losing huge amounts of money from the federal government. They knew that to save “their” money, they would need to provide access to justice to all individuals who did not speak English.
They finally realized what they had done (although they did not recognized it, or refused to acknowledge their fault). There were not enough interpreters to fulfill the federal mandate, and they did not want to lose their subsidies!
The best thoughtful solution to this problem would have been to boost the popularity of court interpreting as a profession by actively promoting the career and by making it more appealing. Responsible States would have developed a plan to encourage teaching of court interpreting at universities, colleges and community colleges. They needed to launch a campaign among high school students informing them of the potential opportunities as certified court interpreters. They needed to increase the times they offered their certification examinations, and they needed to pay an attractive professional fee, with cost of living adjustments, to all certified court interpreters. They needed to do this by lobbying State Legislatures for more funds, and if unsuccessful, by cutting or reducing other non-essential services and devoting those resources to the certified interpreter program. It was a matter of priorities and doing the right thing.
This did not happen. Instead of doing these things, state officials got together to see how they could keep the federal money coming their way. This is how the states came up with the Language Access Services Section (LASS), the Language Access Advisory Committee (LAAC) and the Council of Language Access Coordinators (CLAC). A system designed to protect their federal funds while giving the appearance of granting language access to all foreign-language speakers in State-court systems.
As a result of these developments, states opted for the easiest and cheapest solution, which basically follows three major principles: (1) Use video remote interpreting (VRI) as much as possible to reduce costs of an in-person interpreting service, and pay less to the interpreter as they would get paid by the minute, or in more “generous” states by the hour at a much reduced fee; (2) Use all those who demonstrated that they are not fit to become certified court interpreters, by creating a “new classification” of “credentialed interpreters” (Nevada) or “Justice System interpreters” (New Mexico) so that individuals who failed the court interpreter certification exam can work interpreting court proceedings; and (3) Use certified court interpreters as little as possible, while giving the appearance that these questionable new classifications had to be retained because no certified court interpreter was “reasonably available” to do the job.
This is happening in many states, and I ask you to please include in the comment section a report of what is going on in your own states. Because what is currently taking place in Nevada and New Mexico has come to my attention, I will share the main points with all of you.
The Nevada Administrative Office of the Courts is considering implementing this new category of paraprofessionals by rewarding those who fail the court interpreter certification test with access to work in court as interpreters. These decisions are being considered by the Nevada Court Interpreter Advisory Committee which is integrated by judges and administrators, and no independent certified court interpreter is part of the committee. Interpreters do not get notice of the Committee meetings, and so far, the person in charge of the interpreter program at the Nevada Administrative Office of the Courts apparently has shown no desire to inform interpreters ahead of time so they can at least attend the meetings.
Nevada courts use the services of way cheaper paraprofessional non-certified court interpreters even when certified ones are available, and currently, this state’s certified court interpreters are among the lowest paid interpreters in the country, despite the fact that judges and administrators make six figure salaries in Nevada. It is clear that there is a problem with the state judiciary’s priorities.
The New Mexico Administrative Office of the Courts is already rewarding those who fail the court interpreter exam by using the services of these much cheaper paraprofessional “justice System interpreters” (JSI) even when certified court interpreters are available. Under the excuse of unsuccessfully attempting to find a certified court interpreter, they are retaining the services of these individuals even when certified court interpreters were ready and willing to do the job. The State is also resorting to the way cheaper video remote interpreting (VRI) even when interpreters appear from other states and are not familiar with New Mexico law and procedure. It is very concerning that they are using this system and these interpreters for hearings of such importance as sentencing hearings.
The New Mexico Language Access Advisory Committee does include a disproportionate minority of independent interpreters; however, it is said that its meetings are sometimes hostile towards independent interpreters who raise objections to the dismantling of the certified court interpreter program, and that some interpreters have been refused work in the state court system even after all possible grounds for denial have been dissipated and proved unfounded.
Despite the fact that judges and the Director of the Administrative Office of the Courts make six figure salaries, New Mexico certified court interpreters have not seen a fee adjustment in a number of years, their expense reimbursements have been significantly reduced, and instead of having a professional relationship with a judiciary that makes an effort to prioritize access to justice and find funds to do it, they have been warned by the AOC that there is no money. They face an administration with an attitude that could be interpreted as contempt towards foreign language litigants, moved by a philosophy at the top that apparently believes that the AOC only has a legal obligation to provide “an interpreter”, not a certified court interpreter. To me, this is the pull the rabbit out of the hat principle where you create an “interpreter” category in order to get federal money. It is not about having a warm body next to the non-English litigant. It is about quality. The federal law requirement had in mind a professional service.
I do not believe that this is the time for interpreters to take it on the chin. There is a lot of turmoil in the country at this time, but the rights of foreigners are center-stage. Let’s seize the moment to protect the profession and make sure that states do not get away with this plan which could potentially discriminate against speakers of a foreign language by treating them as second-class litigants.
I suggest you educate your communities, talk to your state legislators, and speak to your local media. All of it is necessary, but I also propose you do two additional things that could make the difference:
First, I wonder how many litigants are aware of the fact that the individual provided by the court to “interpret” for them is not a certified court interpreter; that in fact, they will be dealing with somebody who has already demonstrated that he or she is not fit to be a certified court interpreter because he or she failed the exam. I would approach people in the courthouse and make them aware of this circumstance; I would even print a flyer explaining to them that this “interpreter” categories are as good as a three dollar bill, regardless of what the government tells them. Ask them how they would feel if instead of a licensed physician, their outpatient surgery was going to be done by somebody who failed to become a licensed doctor. Ask the foreign language speaker’s attorney what she or he would do if the court were to appoint a person who failed the state bar as the litigant in a divorce proceeding because there were no children to the marriage. You will see how fast they demand a real certified court interpreter for their case.
Second, organize yourselves either through your local professional interpreter association, or independently, and volunteer to attend court hearings where this paraprofessionals are “interpreting” (after all court is open to the public) and keep score. Write down every time one of these individuals is late for court, acts unethically, does something unprofessional, and makes an interpreting mistake. Write down how they enter their appearance in court, see if they claim to be certified court interpreters. After a few months, or during election time, send this information to the State Bar, to the publishers of voters’ guides, to the political parties, to non-for-profit organizations with tremendous weight in court elections such as Mothers Against Drunk Drivers (MADD) and to the local media. This way people will know who are the judges who care about access to justice, and who are the judges who only care about getting federal money.
I do not believe that these actions will solve all problems, but they will help to expose these programs for what they really are. If you do not do it, nobody will; not because they do not care, but because they do not know. I now invite you to share with the rest of us the current situation in your own state administrative office of the courts.
February 26, 2015 § 10 Comments
In the United States and other jurisdictions interpreters are officers of the court. From the moment interpreters begin to work in court, they hear the term thrown around all the time. They are told that much is expected from them as officers of the court, and at the same time they see how annoyed some court employees get when an interpreter is part of a hearing.
One of the least pleasurable things about court interpreting is the need to endure uncomfortable attitudes, and absurd policies, by many clerks, support staff, attorneys, court administrators, and even judges. This environment has turned off many excellent interpreters, and deprived non-native speakers of the benefit of some of the most capable and professional individuals.
Court interpreting presents many unavoidable challenges to the professional interpreter, and they have to be dealt with in order to reach the goal of equal access to justice: lay and legal terminology, evasive speakers who at best reluctantly tell the truth, poor acoustics, obsolete interpreting equipment or the lack of it, long hours, and low pay, are some of the realities that court interpreters face every day at work. Most of them cannot be fixed by a bigger budget or more competent court administrators; they are part of the “nature of the beast.” Let’s face it: many people do not go to court voluntarily, some appear before a judge or jury when they are angry, scared, embarrassed, and a good number of them have trouble with telling the truth. Court interpreting is very hard; but not all of its difficulties are due to bad acoustics, a whispering attorney, or a fast-speaking witness. Some of them are generated artificially, they do not belong in the courthouse; they are the result of ignorance and lack of understanding.
When the spirit of justice and the passion for the law are no longer there, many of the top interpreters abandon the field. Being ignored by the clerk, patronized by the judge, criticized by the attorney, and to constantly walk into an environment where the interpreter often feels like he is more of an obstacle to the process than an essential part of the administration of justice, seems to outweigh the low and rarely timely pay. We all know, and have accepted or rejected these circumstances; many are trying to change them through education or negotiating their labor conditions, and many freelance interpreters have relocated their court work from the top of their priority list to the middle and even to the bottom.
The question is my friends: Are we really officers of the court? The legislation says we are, but, what does it mean to be an officer of the court? According to Black’s: an officer of the court is “a person who is charged with upholding the law and administering the judicial system. Typically, officer of the court refers to a judge, clerk, bailiff, sheriff, or the like…” it adds that an officer of the court “…is obliged to obey court rules and… owes a duty of candor to the court…” Interpreters fall into this category as one of “the like”. This has been widely recognized by most state legislations, and it is explained by the United States’ National Association of Judiciary Interpreters and Translators (NAJIT) position paper on the interpreter’s scope of practice: “…By virtue of the role we play in the administration of justice, many courts have stated outright that the interpreter is an officer of the court…” To put it in lay terms: court interpreters are officers of the court because they are part of the judicial system to administer justice, and as such, they are subject to strict professional and ethical rules, and to specific legislation. There is no doubt that especially, certified court interpreters are strictly regulated as professionals: they need to go through a certification or licensing process that culminates with passing a rigorous exam, in most cases (sadly, not the federal program) they must meet continuing education requirements to keep said certification or license, and they have to abide by a code of ethics and professional responsibility. It could be argued that noncertified court interpreters may not fit the description as they do not have to meet all the requirements above. However, even noncertified court interpreters must observe the rules of ethics when working in a court-related case.
So, where is the demeaning practice I mentioned at the top of this post? It is at the time that certified court interpreters are placed under oath over and over again, every day, all over the United States.
To practice their profession, all officers of the court are subject to eligibility requirements: judges, attorneys, and certified court interpreters have to meet them to work in the system. All officers of the court have the duty to obey the law, and the responsibility to act ethically and professionally. For this reason, all of them are required to take an oath: judges take the oath when they are appointed or elected to the bench, attorneys are administered an oath after they pass the bar exam, court clerks take an oath when they are hired by the judiciary. They all take the oath once!
In some states, and in some United States judicial districts, certified court interpreters are only required to take their oath once (for that jurisdiction) and a record is kept in file for future reference. This is a great practice not only because it saves taxpayers money by shortening the hearings, and the savings can be a significant in cases when the same certified court interpreter is administered the oath, in the same courtroom, over ten times in one day. Equally important, from the certified court interpreters’ perspective, is the recognition of their status as officers of the court, and the very important message by the system that certified court interpreters are going to be treated as the professionals that they are.
Unfortunately, to eradicate this demeaning practice that places certified court interpreters as second class officers of the court, we will need more than just educating judges and attorneys, convincing court administrators, and pushing interpreter coordinators who work for the courts so they stand up and support the freelance certified court interpreters on this one. It will require a legislative change in many cases. Believe it or not, there is legislation in some states requiring that interpreters be placed under oath before each court proceeding.
A 2012 decision by the United States Court of Appeals for the Ninth Circuit (U.S. v. Solorio) held interpreters who translate the testimony of witnesses on the stand are covered by Federal Rule of Evidence 604 and that they are subject to “…the administration of an oath or affirmation to make a true translation…” However, the Appeals Court ruled that “…Rule 604 does not…indicate whether such an oath must be administered in any particular manner or at any specified time, including whether the oath must be administered for each trial. The Administrative Office of the United States Courts (AO) has published guidelines on the administration of oath to interpreters, observing that policies in regard to the oath of interpreters vary from district to district and from judge to judge [Guide to Judiciary Policy §350(b)] Although some courts administer oaths to interpreters each day, or once for an entire case, others administer the oath to staff and contract interpreters once, and keep it on file…”
The legal argument above can be used by certified court interpreters to advance their efforts to get rid of this “second-class treatment” by some courts, but the road will not be easy, and in some cases, the biggest obstacle will be bilingual judges in positions of authority who do not quite understand the role of the interpreter as that of an officer of the court. Judge Ruben Castillo, as co-chair of the American Bar Association (ABA) Section of Litigation’s Trial Practice Committee, and presently the Chief Judge for the United States Northern District of Illinois, favors administering the oath for each case, stating that: “…I happen to be a Spanish speaker, and I’ve seen misrepresentations occur…under the pressure of instantaneous interpretation, especially in cases involving a lot of slang…mistakes can occur. When under oath, most people take the job more seriously…” As you can see, devaluating the certified court interpreter’s professionalism is also used to continue this demeaning practice. It is obvious that judges need to be educated to the professional status of the certified court interpreter. The oath does nothing to improve an interpreter’s skills, but it does a lot to show us that there is a long way to go before we can sit at the table as equals in many jurisdictions. I can see a need to place under oath noncertified or occasional interpreters (not all languages have enough demand to generate a professional practice) but certified court interpreters should be treated as all other officers of the court whose professional scope of practice goes beyond that of a witness.
I now invite you to share your thoughts on this matter.
June 4, 2013 § 12 Comments
Today I decided to write about something we all feel, or at least have felt at some point during our career. I am fortunate to have clients who hire me for assignments that are interesting, relevant, and professionally challenging. I get the topic, prepare, and execute my job to the best of my ability, and often during an event, I get stopped on a hallway by a person who recognizes me as the interpreter and congratulates me for the rendition or thanks me for my work. Interesting work, good working conditions, and excellent pay are key to a successful career, but that type of appreciation by those you just interpreted for (not by your peers or the agency programmer) is what keeps me going. That is my motivation to better myself every time I turn on the microphone in that booth. It is a pleasure to interpret for an audience and see how they are assimilating every word I interpret, how my job is making it worth for them to attend the conference, to listen to the presentation. When I am working I know that people are listening and understanding what I say. That is very rewarding.
Just like many of you, I have also worked in court for many years, and when I do, most of the time the experience is the opposite. When I am retained for a court proceeding I also prepare for my work, develop glossaries, learn the details of the case, and research the relevant legal aspects; however, as I begin to interpret a trial or a hearing, I soon realize that in most cases the defendant or whomever I am interpreting for does not understand what is happening. The purpose of this posting is not to underline the differences between these two kinds of clients; we all know that is a factor, I am not writing this article to talk about attorneys who do not explain the proceedings to their clients either. I am writing this posting to talk about the frustration that comes to you as an interpreter when you realize that after all the preparation and all the hard work, at the end of a two-hour hearing the defendant turns to you and asks you: “what did the judge say?” Once a colleague told me that the difference between conference and court interpreting was that in conference interpreting you prepare so that your audience understands your interpretation, and in court interpretation you prepare so that the other interpreter who is working the trial with you understands your interpretation, because she is the only one in the courtroom who will. That may be true.
My question to all of you is a complex one: How do you deal with the frustration that comes from knowing that those you are interpreting for do not, and will not, understand what you are saying, not because of a poor rendition, but because of their level of education? I am not looking for the legal answer that it is because of the constitutional principle of equal access to the law. I do not want the philosophical argument that it is the fair thing to do to serve justice. I don’t even want to hear that it is because we are interpreting for the record and not the defendant and our rendition is provided in case there is an appeal, and please do not take the easy way out by telling me that you are never frustrated when this happens. What I would like to read is your personal way to deal with this very human feeling of frustration of knowing that all your work will not be appreciated, that many times you could be there reciting a nursery rhyme instead of interpreting the hearing and the person you are interpreting for wouldn’t even notice. In my particular case, I do the best job I can because of me. I owe it to myself. It is my commitment to my own professional and moral standards to prepare and provide the best interpretation I am capable of. The owner of the ears that will hear me is irrelevant to my motivation to be the best. Of course I enjoy the praising that goes on when I interpret at a conference or diplomatic event, but I don’t let that be my motivation to excel. If I do, I would have a difficult time interpreting for those who I know will not understand and I cannot let that happen. Please tell us how you deal with this frustration.
May 7, 2013 § 5 Comments
Good professional interpreters are usually consumed with taking care of their clients, improving their skills, managing their agenda, and marketing to new clients. This takes a lot of time and energy, and it is essential to succeed in this career. Unfortunately, sometimes during their career some interpreters may experience other aspects of the profession that are less pleasant, more time-consuming, and very stressful.
Our professional tools are our brain, mouth, and a language combination. We can make mistakes, we are susceptible to questioning and second-guessing by others, and in out litigious society we are exposed to lawsuits that can leave us with no career, no resources, and a tainted reputation.
There are many circumstances that can affect our career as professional interpreters, but at this time I would like to focus on two of them:
When our work is subject to criticism and questioning by our peers or by a counterpart in a legal setting. We all have faced situations when in the middle of a court hearing a judge, attorney, witness, litigant, and even a juror, have interrupted our rendition to correct what we just said. Most of the time we were right and they were wrong. On occasion, because we are not machines, and because nobody can possibly know all regional expressions, these voices do us a favor as they correct our mistake and allow justice to be served. These are the scenarios we usually face when doing our job. It sounds simple and straight to the point: Either we are right and we say so in order to keep the process moving along, or we are wrong, and in that case we correct our error. Unfortunately this is not how it happens in the real world. Out there we have to deal with attorneys who are not happy because their non-English speaking client or witness is not saying what they wanted them to say, so the first thing they do is to cast a doubt over the rendition of the interpreter; there are those cases when the non-English speaker passionately defends his “translation” of a term even though we know for sure that he is mistaken. Sometimes the problem may be the judge who does not speak the foreign language, but out of fear of offending the non-English speaker decides to question the interpreter and sometimes even to adopt this person’s rendition of a word or term that you know is clearly wrong.
The second situation I want to mention to you is when a case does not end the way that one of the parties wanted it to conclude and the blame is totally or partly placed on the interpretation. The court decision is appealed on grounds of inadequate interpretation, or even worse, the interpreter is sued for damages by this losing party. How can we defend our work when our rendition is questioned and the case goes on appeal? What can we do to protect ourselves in case somebody takes us to court for damages? There are preventive measures that we can take as interpreters to diminish the possibility of having to defend our work, our assets, and our reputation. There are also steps we must follow in case our professional work is questioned or attacked in court.
These complex issues have to be addressed, and as true professionals we must be prepared in case this happens to us. For this reason, I will present: “How to Defend Your Interpretation and Professional Reputation as an Interpreter in and out of Court” during the NAJIT annual conference in St. Louis, Missouri on May 18, 2013 at 3:15 pm. I invite you to go to the conference and I encourage you to attend this presentation where we will discuss these sad but possible scenarios and we will explore the different preventive measures that we should always take in order to avoid an adverse outcome, as well as the path to follow once our rendition or our skill has been formally questioned in a court of law. I hope to see you in St. Louis.
October 16, 2012 § 2 Comments
During my career I have noticed that every four years during the Presidential election season in the United States many interpreters are faced with the Electoral College topic even when their assignments are non-political. Because of its American uniqueness, this topic presents a challenge to many colleagues who usually work outside the United States and to others who live in the country but grew up somewhere else. In fact, the Electoral College is one of those issues that many Americans do not fully understand, even if they vote every four years. Interpreters cannot interpret what they do not understand, and in a professional world ruled by the market this topic will continue to appear on the radar screen. Therefore, a basic knowledge of this legal-political process should come in handy every four years.
Because we are once again approaching the final days of the presidential campaign and election day is three weeks away, I decided to put my legal background and my passion for history to work (I have a Law Degree)
Every four years when an American citizen goes to the polls on a Tuesday in November to elect the new president of the United States, that individual does not vote for any of the presidential candidates. We Americans vote for a preference (Republican, Democratic and occasionally other) and for electors who will go to Washington, D.C., the nation’s capital, in the month of December to cast all electoral votes from that state, in favor of the candidate who represents the preference of the majority of the state voters as expressed on that Tuesday in November. In other words, we vote for the people who will go to Washington D.C., to vote on our behalf for the presidential candidate who received the most direct votes from the citizens of that state during the general election. After the November election, those electors are pledged to the candidate who received the most votes in that state. The result: We have direct vote elections in each state, and then we have the final election in December when the states vote as instructed by the majority of its citizens. It is like a United Nations vote. Think of it like this: Each state elects its presidential favorite; that person has won the presidential election in that state. Now, after the November election is over, in December the states get together in an Electoral College and each of them votes. This is the way we determine a winner. The states will each vote as instructed, honoring the will of its citizenry. We do not have proportional representation in the United States.
Historically and culturally this country was built on the entrepreneurial spirit: Those who risk everything want everything, and when they succeed, all benefits should go their way. We are an “all or nothing” society. That is even reflected on our sports. All popular sports invented and played in the United States have a winner and a loser by the end of the game: We do not like ties because we associate a tie with mediocrity. A baseball game can go on forever until a team wins. We do the same in politics. Once the citizens have voted, the winner gets all the benefits, in this case all the electoral votes; it does not matter if he or she won by a million votes or by a handful. You may remember how President George W. Bush was elected to his first term; he won the state of Florida by a very small margin, but winner takes it all, therefore all of Florida’s electoral votes went to him and he became the 43rd. President of the United States. Thomas Jefferson and John Quincy Adams got to the White House with a smaller margin than George W. Bush.
I mentioned earlier that we like the principle of winner takes it all. Although that is true, we are a country of fairness and justice with such diversity that the only way to achieve this goal is through a balance of the rights of the people on one side, and those of the states on the other. (For those who have a difficult time understanding why the states have rights separate from the people, please imagine the United States as a mini-world where each state is an independent country. Then think of your own country and answer this question: Would you like a bigger or more populated foreign country to impose its will over your country, or would you like for all countries to be treated as equals?) In December when the electors or delegates from each state meet as an electoral college in Washington D.C. to cast their state’s electoral votes, all states have a voice, they are all treated as equal. This is the only way that smaller states are not overlooked; their vote counts.
We find the final step to achieve this electoral justice to the states of the United States of America (all fifty states and territories that make this country) and to the citizens of the country, in the number of electoral votes that a state has; in other words, how many electors can a state send to Washington D.C. in November. The answer is as follows: The constitution of the United States establishes that there will be a House of Representatives (to represent the people of the United States) integrated by 435 members elected by the people of the district where they live. These districts change with the shifts in population but additional seats are never added to the House. When the population changes, the new total population are divided by 435 and that gives you the new congressional district. The only limitations: An electoral district cannot cross state lines (state borders) therefore, occasionally we will have a district slightly larger or slightly smaller, and every state must have at least one electoral district (one house member) regardless of its population. The American constitution establishes that there will be a Senate (to represent the 50 states) integrated by 2 representatives or members from each state, for a total of 100 senators elected by all the citizens of that particular state. When new states have been admitted to the Union (the last time was 1959 when Alaska and Hawaii became states number 49 and 50 respectively) the senate grows by two new members.
As you can see, all states have the same representation in the Senate (2 senators each) regardless of the state’s size or population. The House of Representatives on the other hand, has more members from the states with larger population, but all states have at least one representative in the house. This way the American system makes sure that the will of the majority of the people is heard in Congress (House of Representatives) and it assures the 50 states that all of them, even the smaller ones, will be heard as equals in the Senate. You need both houses of Congress to legislate.
Going back to the Electoral College, the number of electoral votes each state has is the same as its number of Senators and Representatives. The total number of Senators and Representatives is 535 (425 Representatives and 100 Senators) Washington D.C. is not a state, therefore it has no Representatives or Senators, but it has 3 electoral votes to put it on equal footing with the smaller states for presidential elections. Therefore, the total number of electoral votes is 538. Because of this totals, and because of the American principle of winner takes it all that applies to the candidate who wins the election in a state, to win a presidential election, a candidate must reach 270 electoral votes. This is the reason why California, our most populated state, has 55 electoral votes (53 Representatives and 2 Senators) and all smaller states have 3 (remember, they have 2 Senators and at least one Representative in the House)
The next time you have to interpret something about the Electoral College in the United States remember how it is integrated, and think of our country as 50 separate countries who have an internal election first, and then vote as states, equal to all other states, on the second electoral round in December. Because on November 6 of this year we will know who won each state, we will be celebrating the election or reelection of a new president, even though the Electoral College will not cast its votes for another month. It is like knowing how the movie ends before you see it.
Electoral votes by state Total: 538; majority needed to elect president and vice president: 270
|state||number of votes||state||number of votes||state||number of votes|
|District of Columbia||3||Missouri||11||Tennessee||11|
|Indiana||11||New Mexico||5||West Virginia||5|
August 17, 2012 § 9 Comments
The other day one of my colleagues asked my opinion about the quality of the Spanish a police officer was using during a recorded interview. This colleague had been retained by the defense to analyze and transcribe the video of a police interview by a police woman in a very small town in the Midwest. As I sat there and listened to the nonsensical utterances that were emanating from this officer’s mouth, I went down memory lane and lived through them all again. I will never forget the police department that used a monolingual (in English) Hispanic woman as an interpreter for all of their investigations because “she grew up 20 miles from the Texas-Mexico border…(and that)…was enough to assume she spoke enough Spanish to communicate with the suspects…” and how could I forget the police station that hired as interpreters all those who had failed the court interpreter certification test because “…they were cheaper and knew about the same…” Never mind the disastrous results like the time when a little girl who had been the alleged victim of sexual abuse was considered to be a liar because the police interpreter did not know how to say “Christmas tree” in Spanish. And the time when the “interpreter” referred to the pedestrian charges as the “pedophile charges”. And yes! There was the man who interpreted the polygraph tests into Spanish and explained how to wear the wires by lifting, holding, bending, and stretching the suspects. Hulk Hogan would have been proud of his technique.
During all my years as an interpreter, and specifically through my work as a court interpreter, I have learned that the common denominator among most police forces in the country seems to be their desire to save money on interpretation. Apparently the fact that the investigation is jeopardized by using the services of unqualified or under-qualified linguists is not a concern. Even in those towns where cases are systematically dismissed by the prosecution, or dismissed by the judges, because of violations to the rights of the defendant, or where indictments are based on faulty testimony, all due to a lack of communication between the English speaking authority and the non-English speaker defendant, victim, or witness, because of poor interpretation, chiefs of police, budget analysts, and city administrators are choosing the cheaper service provider over the sound and accurate legal investigation.
We all know that a dollar saved on a bad interpreter will translate on thousands of dollars spent on a new trial, an appeal process, or a brand new investigation. Every time I have a chance, I talk to law enforcement administrators and try to explain how a real interpreter costs more, but at the same time she saves you money. A $100.00 per hour interpreter will do her job correctly in two hours, while a mediocre $40.00 per hour individual will take longer, as he struggles to understand the language, comprehend the process, and communicate the concepts to both, police officer and non-English speaker. After 8 long hours with a bad “interpreter”, the investigation moved very little, the legal process was violated several times, the cheap interpreter cost $320.00, and he has to come back the next day to finish the interview. There were no savings.
So, as I sat there watching this video, looking at my colleague working so hard, writing down the mistakes of the interpreter doing the interview, making footnotes of her omissions, charting the additions she volunteered into the interview, and listening to my interpreter friend telling me how this police woman, part-time “interpreter” had already caused the dismissal of many cases because of her lack of skill and knowledge, I came to a strange realization: The good interpreters are losing these police assignments to the bad ones, but because of this policy by the police departments, these good interpreters are now working as expert witnesses and linguistic advisors to the parties. Therefore, at the end, the good interpreter wins because it is more lucrative to be the expert witness or advisor. But wait; what about the defendant, the victim, and society at large? They may all get their justice in the long run after a lengthy legal process of appeals and re-tried cases, but in the meantime the victim will not feel safe, the innocent defendant will sit in a cell, and society will pay a hefty legal bill. All because the police department wants to save by hiring the bad interpreter. I would like to read your comments and experiences about this topic.