May 21, 2018 § 16 Comments
With all the noise and frustration surrounding the oral federal court interpreter examination fiasco, we have overlooked a group of colleagues left out in the cold with no updates and plenty of confusion: The candidates studying to take the written federal court interpreter certification exam scheduled for the summer or 2018. The Administrative Office of the United States Courts (AO) has been silent for many months and interpreters are concerned, puzzled, and they do not know what to do.
The AO’s official website redirects you to Paradigm’s webpage which shows this message: “Written examination registration dates will be announced in the spring of 2018, test locations will be announced at that time.”
This message has remained intact for months; no updates, no explanations, no changes.
In the weeks since my last widely read post on the oral exam, and despite all the comments by those who took the test in 2017, many federally certified court interpreters, and colleagues in general, raising serious concerns everywhere in social media about the judgment of those AO officials who hired Paradigm, and the lack of transparency and accountability after the administration of the test, the authorities who oversee the administration of the exam have done nothing to keep those who plan to take the written test during the summer of 2018 informed.
Apparently, silence continues to be the only policy coming from the federal judiciary. Our colleagues who plan to take the written exam do not know what to do. They do not even know if they should stop studying. Because from the lack of information they cannot even tell if there will be a written exam this year.
We do not even know for sure if the AO has severed its ties with Paradigm. There has been no official notice, and their own website continues to redirect all users who want information on the written exam to Paradigm’s website which shows outdated information where it claims that registration dates “…will be announced in the spring of 2018…” If this information is valid as of today, they better hurry up and publish the information before spring is no more.
I cannot help it but feel sorry for those whose lives have been on hold for several weeks while they wait to find out the exam dates and locations in order to make personal and professional arrangements to travel to the test sites.
If the exam has been postponed until further notice, please tell the interpreting community; if Paradigm is no longer the contractor for the written exam, please tell the interpreter community; if no details can be shared at this time because of pending litigation, please tell the interpreter community; If the negligent administration of the oral exam in 2017, and the decision to retest so many people will push the written exam into 2019, and if this will disrupt the regular 2-year cycles of both oral and written exams, please tell the interpreter community.
This will make you look better and it will be a way to begin the road to recover credibility and trust. Remember, it is about transparency and accountability. Those at the AO must never forget they are the government. Those with the misfortune to take the oral test last year, and the ones suffering the uncertainty of the written test right now are the taxpayers.
We cannot lose sight of this unquestionable reality; dear friends and colleagues, we are protecting the profession, but we are also exercising our rights. To the handful of colleagues who feel intimidated by those who argue that the certification is not an entitlement and try to mask ineptitude and negligence when hiring Paradigm as a “technical difficulty”: Perhaps when you work within the government system for a long time you think that the federal government is some kind of a magnanimous god who favors court interpreters, also U.S. citizens, by granting them a certification. Do not be distracted by comments like the ones above. The real issue is transparency and accountability. The AO should come clean and explain why they hired Paradigm, admit fault, apologize, and communicate the way they plan to remedy this chaos, not only by telling those who took the exam they will now have a chance to retest. They must talk to those who want to take the written exam, and to the professional community.
Threats about pulling the exam are awful, distasteful, and baseless. The government cannot force the professional community into silence by threatening cancellation of the Spanish federal court interpreter certification program. They have not, and will not. These comments never came from an official source and should confuse no one. Navajo and Haitian-Creole certification programs were scratched because of docket and financial reasons. Spanish is used in all U.S. courts more than all other foreign languages combined. There is no rational justification to do something like that, so please ignore these rumors.
It is also important to remember that almost nobody who takes the federal court interpreter exam wants a guarantee to work in court. Sometimes staff court interpreters must be reminded that a federal certification is a means to prove skill and knowledge to many clients. The majority of the high-income earner interpreters I know make the bulk of their fees outside of court and work with a district court, making far less money, when they have no other assignment, or for personal reasons. A candidate who pays a fee to take a test has a right to demand performance in exchange for the fee. It is a service based on contractual obligations.
It is also of concern that people who are involved with voicing NAJIT’s policy or opinions have stated that this association with many members who took the oral test, who are waiting to take the written test, and who are voicing their anger with the way the AO has performed during this crisis, can claim that the Association has “no dog in that fight”. To be fair, this unfortunate comment came not from NAJIT’s Board and it has not been endorsed by the Association either.
Dear friends and colleagues, those of us who did not take the exam because we are already certified, or because our working languages do not include Spanish, or even those who practice our profession in other fields with nothing to do with the court system have a duty to defend and protect the profession, and a right to support our colleagues who were, and continue to be, affected by this negligent and careless actions. Resorting to smoke and mirrors like injecting Seltzer v. Foley is just a diversion tactic that will not work. That case questioned the rating criteria of the written exam; here the question is the ineptitude and negligence of those who hired Paradigm as the contractor in charge of administering the test, and the actions taken after the fact. Nobody has questioned the validity of the exam, nor the integrity of the raters. I have even said that I do not believe there was bad faith or the deliberate intent to cause harm by AO officials. All we are arguing is apparent negligence and ineptitude, and for that we are demanding transparency and accountability.
Implying that I have questioned the validity of the exam or the integrity of the raters only shows those who claim such things, and argue that people are angry because they did not pass the exam (even though no test results were out when these claims circulated in social media) have spread rumors without reading my posts.
Just like in other cases before: accreditation vs. certification of healthcare interpreters, exploitation of immigration court interpreters by a new language contractor, the court interpreter fiasco in the United Kingdom, the contractual and managing problems of the court interpreter program in New Mexico, abandoning the interpreters in conflict zones by Western Nations, the exploitation of telephonic interpreters by unscrupulous VRI service providers, and many others, I have no vested personal interest in these cases; it is nothing personal against government officials, language services agency owners, or professional associations; I just stand up, and will continue to stand up for the profession. I now ask you to share your comments on the written federal court interpreter exam of 2018. Please remember, personal attacks, disqualifications, foul language and surrogate defense of Paradigm, NAJIT, or the AO will not be posted.
October 31, 2016 § 7 Comments
It is Halloween time in the United States and many other places. Whether a native tradition, or an imported commercial scam, the fact is that Halloween is now part of many lives. In past years, I have used this space to talk about the history of Halloween, we discussed monsters and ghouls, and we told ghost stories from around the world. This time I decided to share with you my fifteen scariest movies of all time. Contrary to what many think because of the enormous amount of films produced in the United States, my favorite horror movies of all time come from many continents and are in many languages. I think that we as interpreters should look for opportunities to practice our languages and improve our skills, and what a better way to live the Halloween experience than watching some foreign language films. There are plenty more movies, and my list may not include some of your favorites; if that is the case, please contribute to our list by posting a comment at the end, but for now, please let me tell you about the movies, in many languages, that kept me awake at night. I list them in chronological order, but I leave it up to you to decide which one is the scariest. Go ahead, dim the lights, get under the blanket, and prepare yourselves to be spooked:
Nosferatu (1922) Director: F.W. Murnau. Cast: Max Schreck, Gustav von Wangenheim, Greta Schröder, Alexander Granach. A wonderful silent movie about vampire Count Orlok who expresses interest in a new residence and a real estate agent’s wife. A classic based on the story of “Dracula.”
Dracula (1931) Director: Tod Browning. Cast: Bela Lugosi, Helen Chandler, David Manners, Dwight Frye. The legend of vampire Count Dracula begins here with this original 1931 Dracula film from Bela Lugosi. This is the film by Universal Studios that has inspired so many others, even more than Bram Stoker’s own novel. The movie is in English, but Bela Lugosi was Hungarian and had trouble with the English pronunciation, so the director decided that the vampire should speak very slowly and deliberately, giving Dracula, inadvertently, his unmistakable speech style.
Psycho (1960) Director: Alfred Hitchcock. Cast: Anthony Perkins, Vera Miles, John Gavin, Janet Leigh. When larcenous real estate clerk Marion Crane goes on the lam with a wad of cash and hopes of starting a new life, she ends up at the notorious Bates Motel, where manager Norman Bates cares for his housebound mother. The place seems quirky, but fine… until Marion decides to take a shower in this Hitchcock classic American film in English.
Even the Wind is Afraid (1967) Director: Carlos Enrique Taboada. Cast: Marga López, Maricruz Olivier, Alicia Bonet, Norma Lazareno. The film is about a group of students in an exclusive boarding school, where a student decides to investigate a local tower that has figured prominently in disturbing her recurring dreams of a hanged woman. She learns from the staff that the person in the dream is a student who killed herself years before, and that others have seen her ghost. This is a suspenseful Mexican movie in Spanish. (“Hasta el viento tiene miedo”)
Kuroneko (1968) Director: Kaneto Shindo. Cast: KIchiemon Nakamura, Nobuko Otowa, KIwako Taichi. Kuroneko (The Black Cat) is the tale of a band of marauding samurai who rape and kill two women in the countryside. Awoken by the titular feline, the spirit women vow their revenge on the samurai. Things get complicated when one of their intended victims turns out to be the son of one of the women and the husband of the other, long thought lost in battle. This is an engaging black and white movie in Japanese.
Rosemary’s Baby (1968) Director: Roman Polanski. Cast: Mia Farrow, John Cassavetes, Ruth Gordon, Sidney Blackmer. The movie tells us the story of a young couple that moves into an infamous New York apartment building to start a family. Things become frightening as Rosemary begins to suspect her unborn baby isn’t safe around their strange neighbors, and the child’s paternity is questioned. One of the greatest American horror films of all time. It is in English.
Hour of the Wolf (1968) Director: Ingmar Bergman. Cast: Max von Sydow, Liv Ullmann, Gertrud Fridh, Georg Rydeberg, Erland Josephson, Ingrid Thulin. In this, his only horror film, the Swedish master brings us the story of renowned painter Johan Borg who is recuperating on an isolated island with his wife when they are invited to the nearby castle and discover that the lady of the house owns one of Borg’s paintings (which we never see), of Veronika, the woman he loved and lost and whose memory begins to obsess him all over again, despite his wife’s steady, practical devotion. This is a great movie in Swedish, although not an easy one to follow, that is full of surrealism in Bergman’s style. (“Vargtimmen”)
The Exorcist (1973) Director: William Friedkin. Cast: Linda Blair, Max von Sydow, Ellen Burstyn, Jason Miller. This is a well-known American blockbuster about 12-year-old Regan MacNeil who begins to adapt an explicit new personality as strange events befall the local area of Georgetown. Her mother becomes torn between science and superstition in a desperate bid to save her daughter, and ultimately turns to her last hope: Father Damien Karras, a troubled priest who is struggling with his own faith. This film, in English, is a must see for all horror film fans.
Suspiria (1977) Director: Dario Argento. Cast: Jessica Harper, Stefania Casini, Flavio Bucci, Miguel Bosé. A true nightmare from Italian terror genius Dario Argento, Suspiria brings us a menacing tale of witchcraft as a fairy tale gone horribly awry. From the moment she arrives in Germany, to attend a prestigious dace academy, American ballet-dancer Suzy Bannion senses that something horribly evil lurks within the walls of the age-old institution. Besides all of its artistic and clever qualities, this Italian movie has another unique characteristic: Because the cast is multinational, and the actors spoke their lines in their native languages, the movie is dubbed into English, and sometimes the dubbing quality is less than top-notch.
Ring (1998) Director: Hideo Nakata. Cast: Nanako Matsushima, Miki Nakatani, Hiroyuki Sanada, Yūko Takeuchi. This original Japanese version of the movie is about a mysterious video that has been linked to a number of deaths, when an inquisitive journalist finds the tape and views it setting in motion a chain of events that puts her own life in danger. Nakata executes the film in an incredibly smart way, and brings the traditional ghost story firmly into the modern day by melding folklore and technology. There have been several imitations in Japan and elsewhere, but the original, in Japanese, is by far the best. (“Ringu”)
A Tale of Two Sisters (2003) Director: Kim Jee-woon. Cast: Im Soo-jung, Moon Geun-young, Yeom Jeong-ah. Based on a famous Korean folk story, the film centers on a pair of sisters who become suspicious of their new stepmother, when one of them starts to have some terrifying visions. From there, things get complicated. This is a true Korean horror movie with Korean actors speaking their language, and it is superior to the American remake released under the name “The Uninvited”. (“Hangul”)
Inside (2007) Directed by: Julien Maury and Alexandre Bustillo. Cast: Aymen Saïdi, Béatrice Dalle, Alysson Paradis, Nathalie Roussel, Nicolas Duvauchelle, François-Régis Marchasson. This French movie is about a grieving woman set to give birth at any minute, who is interrupted by a mysterious intruder who wants the unborn child for herself. The movie is cruel, sadistic and full of violence, including the scene where the pregnant woman accidentally stabs her mother to death, but it keeps you in suspense and very scared. The film is in French. (“Á l’intérieur”)
The Orphanage (2007) Director: Juan Antonio Bayona. Cast: Belén Rueda, Fernando Cayo, Roger Príncep, Mabel Rivera, Montserrat Carulla, Andres Gertrúdix, Edgar Vivar, Geraldine Chaplin. It is the tale of a mother and wife returning to the house where she was raised as an orphan, but she now brings her son who starts to see a little boy in a terrifying sackcloth mask, whom he befriends before mysteriously disappearing. The movie is really creepy, but it is also very sad because it deals with a ghost story in which the ghosts are as real as the grief they leave behind. I personally think that this is Spain’s scariest movie ever. In Spanish. (“El orfanato”)
Annabelle (2014) Director: John R. Leonetti. Cast: Annabelle Wallis, Ward Horton, Alfre Woodard. The movie is a sequel to “The Conjuring”, but in this one, by far scarier than the first on the series (there are more of them now) a couple is expecting their first child, and the husband gives his wife an antique doll she has been trying to find. At night, the wife hears a murder occurring at their neighbors’, and when she calls the police, she is attacked by a woman holding the doll and a male accomplice. The police arrives and kills the man while the woman kills herself by slitting her own throat. A drop of her blood falls on the face of the doll in her arms. Later, a news report shows that the assailants were Annabelle Higgins and her boyfriend who were part of a satanic cult in which they worship a demon with horns. Since Annabelle was holding the doll while dying, the couple tries to get rid of the doll, but this is the moment when all their troubles begin. I personally think this is an extremely scary movie. In English.
A Girl Walks Home Alone At Night (2014) Director: Ana Lily Amirpour. Cast: Sheila Vand, Arash Marandi, Mozhan Marnó, Marshall Manesh, Dominic Rains. This is a Farsi (Persian) language, American horror film about a young hardworking Iranian man who takes care of his drug-addict father who falls in love with a lonesome hijab-wearing vampire. The movie is in black and white, it was filmed in California, but the story takes place in a fictional Iranian city. Although not as scary as the other movies on the list, it is an interesting and different vampire tale. (“Dokhtari dar šab tanhâ be xâne miravad”)
There you have it, dear friends and colleagues. This is my list of scary movies. I hope you find some of them interesting enough to watch on Halloween; and I also invite you to share with the rest of us some of the titles that you think are very scary, and hopefully you will include some interesting films because of their language.
April 2, 2013 § 4 Comments
Last week I posted my first five worst things an attorney can do to a court interpreter. Next, I share the rest of my list in the understanding that there are plenty more examples of these “worst things,” and inviting you to review my top ten, share your “war stories” and share your comments and solutions with the rest of us.
Here we go:
- Six. “Mr. interpreter let me introduce you to my daughter, she took Spanish in high school and spent a month in Costa Rica so I want her to start interpreting my easy cases. Just show her what you do. She’ll pick up in no time.” I was asked once to help this lawyer’s daughter because she was “really good with languages.” Fortunately for me, I have no problem establishing my ground rules when at work so I immediately declined. Unfortunately, I have seen many of my colleagues playing this role of mentor/teacher/parent with the lawyer’s child who just wants to get her dad to send her to a foreign country during the summer and has no intention whatsoever to become an interpreter. The only solution is to politely explain that you are doing a job and that the lawyers are paying you a lot of money to provide your services; that you are not a teacher (even if you are) and that the “future polyglot“ daughter would not get anything from following you around, so the only thing to be accomplished would be a heftier interpretation services invoice. I would also bring up the client-attorney privilege rules, and remind the attorney that the daughter’s presence could be a waiver of the privilege, and as such, it is the defendant who has to decide after being advised of these potential complications. A more permanent solution could include a paragraph on the written contract stating that you will not train anybody unless you bring the trainee and the defendant agrees to her presence during the interpretation.
- Seven. “You know what, you charge too much, so I want you to just interpret the main parts of the hearing so I don’t have to pay you that much.” I have been told this… more than once! You have been hired to do your job: interpret a hearing because the person does not speak English and he has the right to an interpreter. The fact is that, just as the lawyer, you are a professional and you sell your time. You are there at the courthouse and you cannot be anywhere else. You cannot make money somewhere else because you are committed to this particular client. You are getting paid to be there and interpret everything that is said (ideally) or everything your client tells you to interpret; but you were hired to BE THERE. Because you charge by the hour, just like the attorney, you need to be paid for the time devoted to the case, whether you are interpreting, waiting for the case to be called by the judge, taking a bathroom or lunch break during a recess, or traveling back and forth between your office and the courthouse or law office. Maybe you should remind the attorney of this circumstance when he tells you not to interpret and you will see how quickly he changes his mind and asks you to interpret everything. Here again, the long-term solution to this situation is to educate the attorneys and to have a written contract that states your fee, services, and what you are being paid for.
- Eight. “Do not interpret that!” This usually happens when the client complains to the court about the lawyer. I once had a case when the defendant was before a judge to be sentenced for the commission of a crime. After the prosecutor and defense attorney spoke, the judge asked the Spanish-speaking defendant if he had anything to say. As I interpreted this words to the defendant he looked at me, then he turned to the judge and said: “solo que mi abogado es un pendejo.” (just that my lawyer is an asshole) The attorney, who spoke Spanish, and had political ambitions, stopped me immediately and told me not to interpret what the defendant had said. He then told his client in Spanish that he should not tell those things to the judge. The dialogue looked quite strange even for those who do not spoke Spanish and the prosecutor (who I believe knew all the bad words in Spanish like many Americans do) immediately said to the court that he wanted to hear what the defendant had said. The defense attorney said that it was privileged information, but the judge ruled that it had been said in open court while addressing him directly so he ordered me to interpret the words, which I did with pleasure, to the endless laughter of everybody in the courtroom. The attorney was mad at me for many months as if I had been the one who said it. In this case, the outcome was ideal (well not for the defense attorney) because I let the attorneys argue the point and then waited for the judge to decide. The solution to these situations when somebody raises client-attorney privilege is always to let the lawyers argue the law and then wait for the judge’s decision. It is a legal matter and as such, we should keep our opinions to ourselves.
- Nine. “I need you to tell the jury that my client did not understand because he speaks a different type of Spanish” I have been approached, and sometimes retained as an expert witness to convince a jury that a person did not understand what he was told by another interpreter because she had used a “different kind of Spanish.” Of course I testify as an expert all the time, and when I do, it is because I was retained to assess what happened and give my expert opinion about the issue in question. I have never nor will ever take a case where they ask me to testify one way or another, regardless of what really happened. The simple, and effective solution is to turn down the case; however, most lawyers are not really asking you to lie under oath; in reality they are just asking you to see if their theory is even possible. I usually meet with the attorneys, explain my role, and make sure they understand that most Spanish-speaking people understand Spanish in general, regardless of where they were born, but that there are real idiomatic expressions, cultural practices, and words that have a different meaning depending on the part of the Spanish-speaking world where they were said. If I notice that the claim is frivolous because of the expressions or words involved, and due to the educational background of the individual, I explain to the attorneys that my testimony would only hurt their case; on the other hand, if I see merit on the allegations, I accept the assignment and go to work. I believe this is the best practice because it grants access to your services to those who really need them while at the same time you are avoiding being part of a useless unrealistic claim.
- Ten. “Please collect my fee from my client.” Very few things can get me going the way this request can. Many lawyers have trouble understanding that we are hired to interpret what they tell their client, not to act as their representative or agent during a legal fee negotiation. Many years ago an attorney handed me an invoice from his law firm without saying anything. Of course, I immediately understood what he wanted. I handed it back and told him: “You gave me this document by mistake.” I could see him getting mad, and later I learned that he complained to other interpreters that I was not willing to “work for my own pay.” I never worked with that attorney again, and I have never bargained, collected, or prepared a payment plan for any of the clients of the attorneys I have worked for. Sadly, I have seen how many of our colleagues play this game and spend hours on hallways and courthouse steps waiving invoices, collecting checks, and handing receipts to those who have never been their clients. It is important to set boundaries from the beginning. We all know that part of our job as interpreters for a private attorney includes interpreting fee negotiations between client and lawyer; that is perfectly fine as we are providing our interpretation services to facilitate the communication between the parties to that professional relationship. There is an abyss between what I just described and what some attorneys ask the interpreter to do. Negotiating on behalf of the lawyer is not interpreting and therefore it is not covered by my fee. It is not what I do for living. As I said at the beginning of this post, my clients are attorneys who know how to work with an interpreter and they would never ask me to act as their collections agent, but just in case, you should always be ready to tell the attorney that you are glad to interpret the negotiations, but that you cannot and will not negotiate for them.
As you know, this is only the tip of the iceberg. Please review these “ten worst” and if you are up to it, I would love to read your top ten, top five, or even top one. This should be good…