Is it true that interpreters must abstain from public commentary?
December 10, 2017 § 3 Comments
I have recently read many comments about the court interpreter in California who decided to talk to the media after she provided her services to the defendant in a high profile criminal case. To my surprise, must comments promptly endorsed the position that a court interpreter cannot make any public comment. Such extreme “black and white opinion” is quite concerning.
Before expressing such a sweeping opinion, interpreters should reflect on the purpose of their professional service, the reasons for the rule or legislation, and what the consequences of failing to observe it really are. Let’s see:
The main topic concerning this analysis is confidentiality. The nature of the duty of confidentiality is based on two things: the subject matter or area of interpretation, and a scale of values.
Different subject matters or fields of interpreting will be governed by different legislation, interests, and goals. If the interpreter’s professional practice involves intellectual property, diplomacy, or national security, there will be many limitations and restrictions as to the things the interpreter can share with others. Most of these duties will come from legislation, not canons of ethics of regulations. Many others will derive from contractual obligations regarding commercial brands, patents and copyrights.
The scale of values is also important: The more important the value, the stricter the responsibility.
Revealing the content of diplomatic negotiations could have implications of war and peace, and the interpreter could even go to prison, or at least lose his job and reputation.
Revealing medical information can disrupt a patient’s health or treatment, impact insurance coverage, kill a patient’s future employment opportunities, and generate legal problems for hospitals, physicians and interpreters.
When we provide diplomatic or military interpreting services at certain level, we are required to undergo a security clearance process and we take a legally binding oath to secrecy. Breaching this legal obligation will bring catastrophic consequences to the interpreter.
The California case gives us the opportunity to revisit a court interpreter’s duty of confidentiality, so we can see how sweeping statements like those made by some of our colleagues last week, most of them in good faith, are not so categorically right.
First, we need to understand what is protected by the duty of confidentiality, and who imposes the restrictions on the court interpreter.
Interpreters exist because there must be equal access to the administration of justice, regardless of the language the court or the parties to a controversy speak. Here we must make a distinction:
(1) The court interpreter as a communication tool to the litigant.
When a plaintiff, defendant or victim cannot actively participate in their legal case because of a language barrier, the court interpreter acts as the ears and voice of the foreign language speaker in communications with the court, his attorneys, and the opposite party. Interpreters render a complete, accurate interpretation of everything that is said during the hearing, and interpret to the court and parties everything the foreign language speaker says. These interpreters handle three types of information: public record, confidential information, and privileged communications.
These are the interpreters hired by the court, paid from the courthouse budget, and selected from a roster kept by the clerk’s office.
When a plaintiff or defendant want to be represented by a private attorney, but they cannot communicate with their attorneys because of a language barrier, those privately retained attorneys can also hire professionals court interpreters in private practice to help them communicate with their foreign speaking client, their client’s relatives, and with those witnesses who do not speak the language of the attorneys. In this case it is the attorney who selects the interpreters from prior experiences or referrals from others; and it is the attorney, not the court, who pays the interpreters’ fees (very likely from the plaintiff or defendant’s assets). This interpreters handle three types of information: public record, confidential information, and privileged communications.
As we can see, in both cases, interpreters work with information that is public record. This means that everybody has access to what was said or done. For example: As a rule, court hearings are open to the public. Anybody can go to the courthouse and sit in the courtroom during a trial. At the State-level, many jurisdictions broadcast their proceedings in public and even commercial TV. All legal arguments, court rulings, and witness statements are heard by all interested individuals.
Both, court appointed and privately retained interpreters are privy to confidential information not because of who the interpreters are as individuals, buy because of what they do for living. This information is sensitive in nature and if disclosed, it could adversely impact third party innocent individuals. For these reasons, interpreters are usually barred from sharing this information. Details surrounding a case that come to the knowledge of the parties, but are irrelevant to the outcome of the controversy are kept from the public. Names of business partners, financial information, paternity, personal health information, sealed court cases, juvenile court records, are just some of the examples that fall under this category.
While working with an attorney, all interpreters learn what is called privileged information. This is crucial, intimate information about the subject matter of the controversy that lawyers need to know to represent their clients and defend their interests. This information is treated differently because it is only when a person knows that statements made to their attorney in confidence cannot be disclosed to anyone, not even the judge or jury in the case, that clients can truly open up to their attorneys and share all details of a case. Those acting as agents of the attorney, such as paralegals, investigators, and interpreters, are covered by the client-attorney privilege, and nobody, not even a judge can compel them to disclose said privileged information.
(2) The court interpreter as auxiliary agent to the administration of justice.
The court system has a vested interest on the perception that the administration of justice within its jurisdiction is equally fair to all citizens, even those who do not speak the language of the court. For this reason, courts have set policy to clarify this principle, and reassure all potential litigants of the impartiality of the court, even in those cases when a foreigner is party to a controversy, especially in criminal cases where life or liberty are at stake.
This principle has motivated some courts (not all of them), in particular in the United States, to go beyond what many would consider reasonable, and impose the strictest restrictions to some of the things court interpreters can and cannot do. Based on this one-sided extremely restrictive rules, the federal courts of the United States abide by the United States District Court Code of Ethics for court interpreters, who have been sworn as officers of the court for the duration of the assignment, and interpret under contract with such court, “…to follow the Standards for Performance and Professional Responsibility for Contract Court Interpreters in the Federal Courts…” (USDC Code of Ethics. Preamble)
The Federal Code of Ethics contains some important principles needed to practice the court interpreter profession that are free of controversy, such as Rule 5: “Confidentiality. Interpreters shall protect the confidentiality of all privileged and other confidential information…”
It also covers other situations where restrictions seem unreasonable and arbitrary, like Rule 3 where it states that: “…During the course of the proceedings, interpreters shall not converse with parties, witnesses, …attorneys, or with friends and relatives of the party, except in the discharge of their official functions…”, or Rule 6: “Restriction of Public Comment. Interpreters shall not publicly discuss, report, or offer an opinion concerning a matter in which they are or have been engaged, even when that information is not privileged or required by law to be confidential…”
Dear friends and colleagues, we must remember that the above restrictions by the United States District Court Code of Ethics only apply to court interpreters who are providing their professional services when they “…are sworn in (and) they become, for the duration of the assignment, officers of the court with the specific duty and responsibility of interpreting between English and the language specified. …In their capacity as officers of the court, contract court interpreters are expected to follow the standards for performance and professional responsibility for contract court interpreters in the federal courts…”
In other words, said restrictions, as they are not the law, but a mere contractual obligation, only apply to those who are providing their services in federal court pursuant to a contract with the court. These blanket restrictions do not apply to any of us when working as interpreters in federal court if we have been retained by one of the parties.
Once we understand this limitation, and the different role interpreters play when they act as a communication tool to the litigant with his attorneys, and in those cases when they also act as an auxiliary arm to the administration of justice and are paid by their judiciary. It is obvious that legal restrictions and limitations such as client-attorney privilege and confidentiality will apply to all interpreters as they are part of the essence of the legal representation, but other limitations that go beyond that scope will not apply to privately retained interpreters as they exist to assure impartiality and transparency to the extreme. This is not necessary with private attorneys and their interpreters as they are publicly known as part of a team: plaintiff’s or defendant’s.
To the latter group of interpreters, sharing what is already public record should be no problem; and in my personal opinion, I do not believe that even court appointed interpreters should be sanctioned for sharing public information with the media. I believe that telling a reporter that a hearing was moved from 1 pm to 2 pm and saving her the trouble to go up 20 stories to read the same information on the court’s bulletin board will hardly raise suspicion of prejudice, particularity when we know that interpreting is a fiduciary profession. To me, it looks very weird when the interpreter refuses to answer such silly questions and reacts by moving away without an explanation.
As far as confidential information, please be aware that the prohibition is not absolute either. A court order can compel you to testify. Please remember that the client holds the right to said confidentiality, and as such, he or she can always give consent. When this happens, confidentiality goes away. Will these ever happen in your professional career? We do not know, but we should always be aware that it is a possibility.
Even client-attorney privilege is not absolute. There are certain exceptions in the law that allow you to pierce the veil of this sacrosanct privilege. Among other possibilities, the client, who holds the privilege, can also lift it by giving consent; you can also pierce it when defending yourself from the actions of the client who holds said privilege. Let’s say that the client sues you arguing that the interpreter did nothing in the case. Under those circumstances you can pierce the privilege to prove that the client is not telling the truth and show the work you did, as long as the privileged information you divulged is limited and tailored to the point you are trying to prove in court. Statements and information provided during a client-attorney communication that include future illegal activity is not covered by the privilege either, and you as interpreter must disclose it to the authorities.
We must remember at all times that different jurisdictions will have different policy, rules and legislation, so we must adhere to all applicable rules, as long as they apply to us, depending on the type of professional service we are going to provide.
In the case of California, please keep all of the above in mind, and understand that Rule 2.890(c)(4) states that: “…An interpreter must not make statements to any person about the merits of the case until the litigation has concluded…”
Notice how the rule does not go beyond the conclusion of the case, because the rule (erroneously in my opinion) does not make a distinction between interpreters privately retained by the parties who act as a communication tool to the litigant, and those retained by the courts who also must play the role of auxiliary agents to the administration of justice and therefore be impartial at all times. Once there are no more appeals, there is no reason for the restriction on the first type of interpreter.
Finally, a couple of thoughts: I was saddened to see how must of my colleagues immediately assume the role of a criminal court interpreter retained by the court. I am always hoping that more interpreters view themselves as independent professionals working with private attorneys. There is an abysmal difference in professional fees, and the work is about the same. I ask you to please think like a private practitioner, instead of accepting the rules without any reservation. Question the rules and try to understand why they compel you to do or abstain from doing something.
It also concerned me how so many of our court interpreter colleagues rush to “obey” anything the courts say without even checking the source of the “command”. Many people criticized and condemned the interpreter who spoke to the media because of what the “Professional Standards and Ethics for California Court Interpreters” say. Please understand that this is just a manual, not legislation, regulations, or a court decision. It is just a didactic tool for those who are trying to understand the profession. Use it as such. Observe the California Rules of Court.
I hope we all understand that professional rules include universal standard values, but they also incorporate local culture so necessary for an administration of justice that reflects the values of the community it is meant to serve. For this reason, I. Sincerely hope we all come to understand that asking for universal rules or codes is not the best legal option. A system like the one we have is an appropriate one. We just need to understand the rules better, and fight to change those we believe constitute a hurdle to our profession. I now ask you to please share your founded legal arguments on this issue that could adversely impact our profession.
A promise to the Iraqi interpreters.
January 31, 2017 § 3 Comments
September 11, 2001 changed the lives of everybody in the United States and in many ways it also changed the way so many live around the world. After the despicable attack on the American people, the U.S. embarked on two armed conflicts in a land thousands of miles away from America, and in so many ways different from the west.
Many young Americans were sent to the Middle East to fight these wars in Afghanistan and Iraq. Most of them were brave service men and women unfamiliar with the geography, culture, traditions, and languages spoken over there. It became apparent that communicating in the local languages would be essential to the success of the military operations and to the safety of all Americans, military and civilian, in harm’s way. It was then that the United States armed forces recruited native speakers from the local population who spoke English, and were familiar with the culture and social structure of local tribes and governments, friend or foe.
Soon, these brave volunteers from Afghanistan and Iraq learned basic military skills and protocol, acquired the necessary knowledge to serve as a communication conduit between the Americans and the local dwellers, captured prisoners, and members of the official armed forces of Iraq and Afghanistan; they became the conflict zone interpreters of the United States Armed Forces. Many of them were motivated by their resentment towards the local governments and the corruption of their local officials, others did it out of hope for a new regime without religious persecution; some participated because of their sincere admiration for the United States and its values. All made the commitment to serve as interpreters for the Americans despite the fact that they well knew that they were risking their own lives and those of their family members.
In exchange for these invaluable and much needed services, the American government promised these interpreters that at the end of the conflict, those who were alive, and their families, would be taken to the United States to start a new life away from any potential risk they may encounter in their home countries as a result of their cooperation with the U.S. during the war. This was an essential part of the agreement. These conflict zone interpreters knew that their heads would have a price once they started working for the Americans. They understood that they were not just risking their lives during the fire exchanges or door-to-door raids; they knew that if left behind by the United States, they would be subjected to unspeakable harm by those who considered them traitors. These interpreters and their families would be killed without a doubt.
When it was time to honor their end of the bargain, these brave interpreters fulfilled their promise by acting as communication liaisons and cultural advisors, to the Americans they were embedded with. They interpreted under the most extreme conditions: in the middle of a fire exchange, during unpleasant interrogatories, when helicopters were flying over their heads making it next to impossible to hear what a soldier or an enemy were saying, and while they were running for cover.
Once the U.S. decided to withdraw from the region, the surviving conflict zone interpreters expected the United States government to fulfill its end of the bargain and take them and their families to the United States. They had risked it all honoring their commitment to interpret from Dari, Pashto, Arabic, Kurdish, Syriac, Armenian, Turkmen, Hazaragi, Uzbek, Balochi, Pashayi, and others languages, into English and vice versa. Now they waited for Washington to live up to its promises and protect them from the animosity and rancor that permeated their towns and villages.
The U.S. government slowly responded and started the immigration process for these born-abroad American heroes. Unfortunately, and to the dismay of the conflict zone interpreters, the men and women in the military they had helped and protected during the wars, and the international interpreter community, the process came ever so slowly. The entry visas were granted at a piecemeal pace. In fact, to this day, many of these interpreters and their families remain abroad, waiting for their entry visas, and worrying about the violence that constantly surrounds them back home.
Despite the efforts of many professional interpreter organizations and other non-governmental entities demanding that immigration authorities speed up the process, many of these conflict zone interpreters and their relatives have lost their lives during this wait. It is important to mention that the United States government is not the only one delaying the issuance of these entry visas; regretfully, most western governments are doing exactly the same.
I have been fortunate to meet several conflict zone interpreters, and I am honored that some of them call me their friend. They are regular people. They have interpreting stories they like to share just like you, and they have tales of horror that leave you speechless after you hear them. Tales of fathers killed right before their eyes, older brothers recruited for the army against their will in the middle of the night, mothers and sisters raped in their presence, friends and relatives they never saw again. They went through so much, and yet they are kind, friendly people full of gratitude to the United States for bringing them to a safe place.
It is in the middle of this environment that President Trump’s executive order requiring “extreme vetting” before allowing entry to citizens of several countries becomes enforceable on January 28, 2017. Immigration officers inspecting foreigners arriving at all ports of entry to the United States are ordered to deny entry to all people from seven countries: Iran, Syria, Sudan, Libya, Yemen, Somalia, and Iraq. The ban includes those individuals who present a visa to the immigration authority, and even those who have been adjudicated status as lawful permanent residents of the United States. Tragically, the executive order includes all Iraqis without any distinction; among them: all Iraqi conflict zone interpreters who were entering or reentering the country (certain individuals were excluded from this order for national interest reasons, but that is irrelevant to this post). To add insult to injury, the first Iraqi denied entry to the country at JFK International Airport in New York City was a conflict zone interpreter: Hameed Jhalid Darweesh!
What happened to the promised made to our Iraqi colleagues a decade and a half ago? They fulfilled their commitment to the United States, are we not?
Dear friends and colleagues, President Trump’s executive order covers many issues and has many consequences in the real world. As expected, it was challenged in federal court, and like all lawyers knew, the court granted a stay pending a hearing on the merits in February. I understand that many of you oppose the executive order in its entirety; I am also aware that many of you support it. This is not the place to attack or defend these different points of view. As a lawyer, I believe that some of its content will be overturned and some will be upheld by the courts. Those of you in favor or against the order will no doubt pursue different means to make your voice heard. What I ask you on this entry is non-partisan: We must protect our profession, we have to support our conflict zone interpreter colleagues.
Please understand that the stay ordered on Saturday by Judge Ann Donnelly is temporary. Do not believe news reports, like Yahoo News, that immediately informed that the president had lost. That is false. What the judge did this time happens very often in cases when the potential damage caused by a government act could be serious and irreparable. The court has to hear the case on its merits and then decide. This will happen next month, and at that time, she may decide that the government is right, that the government was wrong, or most likely, that part of the executive order is constitutional and part of it is not. Even in the event that the judge rules the order unconstitutional, the Administration will appeal the decision. I have no doubt that this case will end up before the United States Supreme Court.
This is too much of a risk. We have to defend our profession. We have to make sure that the promises to our Iraqi conflict zone interpreter colleagues are kept; that the agreement they entered over ten years ago is honored by our government. We have an opportunity to set precedent in our legal system so that it is clear that in the future, those foreign colleagues who cooperate with the United States in other conflict zones, regardless of geographical location, are protected and treated honorably once it is time to come back home.
Regardless of anything else you may do for or against this executive order, I invite you to contact the White House and the Department of Homeland Security and tell them to support an immediate exception to the executive order excluding from the ban all conflict zone interpreters and their families. Explain to them that they risked their lives for the sake of our country, and that the United States promised to protect them and bring them to America. Ask them to keep our promise the same way they kept theirs. If you live in a State of district where your senators or representatives are Republican, please call both: their local and Washington office to let them know that these colleagues are heroes who fought for the United States and saved the lives of many of their constituents’ sons and daughters by putting their own lives on the line. We have to do this. We cannot wait for the outcome of a court case that could take a long time and could grant admission to some of this interpreters and exclude others, particularly those who have never entered the U.S.
We have to make sure that the exception to the executive order, and any future legislation, will cover three types of conflict zone interpreters and their families, regardless of their country of origin: (1) Those already admitted to the United States who may reenter the country after a visit abroad; (2) Those already granted a visa to come in who have yet to enter the U.S., and (3) Those colleagues whose application for admission is still pending adjudication or pending a final decision after an appeal or reconsideration of an original denial. They all assisted the members of our armed forces. All of them have to be protected.
I know that some professional associations like AIIC, FIT and IAPTI, nonprofit organizations like Red T, which advocates for interpreters in high risk settings, and some interpreter programs like InterpretAmerica will make their voice heard on this issue. That is great; however, nothing gets the attention of a legislator like the voice of their own constituents; this is why you must call, email, or physically go to their local office. Let them know what interpreters do and how crucial is our work. Many of you have spent a lifetime educating attorneys, judges, physicians, nurses, agency managers, event organizers, sound technicians, and many others, so this should come naturally to you.
To conclude, I thank you for supporting our Iraqi colleagues, for defending our profession, and for setting aside your personal political agendas for the cause that we all have in common: The interpreting profession. I now invite you to share with the rest of us your experiences with conflict zone interpreter colleagues, from Iraq or elsewhere, you have met here in the U.S. or abroad if you were serving in the military with any of them. I ask you to please do so without any politically charged arguments for or against the administration, and I ask you to limit your comments to conflict zone interpreters or their family members.
Atlanta hosts the largest gathering of U.S. court interpreters this weekend.
May 16, 2015 § 2 Comments
This weekend many of the top-notch court interpreters in the United States will meet in Atlanta for the annual conference of the National Association of Judiciary Interpreters and Translators (NAJIT). For this reason, when I was asked by the Atlanta Association of Interpreters and Translators (AAIT) to write a piece for the special conference issue of their publication “Bridges”, I agreed to first publish it there, and post it here later on the day.
Professional conferences are vital to any activity and we are no exception. As you all know, these are the places where we solidify and improve our knowledge, advance our skills, and refresh our ethics. That in itself makes them invaluable, but NAJIT’s annual conference is much more than that.
Those attending the conference will be pleasantly surprised to learn that many of the living legends of court interpreting will be there, and that they will be joined by some local and brand new talent in our industry. You see, the conference will welcome more than court interpreters and legal translators. Conference, medical, community, military, and other types of professional interpreters will be in Atlanta adding value to the event, sharing their knowledge and experience, and developing professional networks across disciplines and places of residence.
I invite you to approach old and new colleagues and have a dialogue with them. I believe that these conferences give us an opportunity to do all the academic things I mentioned above; but they also provide a forum for interpreters to discuss those issues that are threatening our profession. Atlanta is giving us a unique opportunity to talk about strategy on issues as important as the development of technologies and the efforts by some of the big agencies to keep these new resources to themselves and use them to take the market to lows that are totally unacceptable to professionals. We can openly talk about strategy to defend our fees, working conditions, and professionalism, while at the same time initiating a direct dialogue with the technology companies who are developing all the new software and hardware that will soon become the standard in our profession.
Finally, the conference will also help you to get more exposure to other interpreters, and will provide situations where we will have a great time and create long-lasting memories and new friendships across the country and beyond. I now ask you to share with the rest of us your motivation to attend this and other professional conferences. I hope to see you this weekend!
InterpretAmerica: One Profession. One Real Profession.
June 9, 2013 § 4 Comments
It seems to me that a week never goes by without running into a colleague who is angry, frustrated, or confused about the new technology that is coming into our profession, an interpreter who is thrilled and excited about all these very same changes, and a colleague telling me that he or she was misunderstood, humiliated, obstructed, or underpaid while doing his or her job. Some of them react with anger, others with frustration, a few seem resigned, but a growing number of our fellow interpreters have been reacting to these real-life situations by taking action, doing something about it. Finally, interpreters finding a solution to this “never-ending” situation.
As those of you who know me personally (and many others have figured out by reading this blog) know, I have always considered myself a professional at the same level as all those who we provide our services to: scientists, politicians, attorneys, diplomats, physicians, military officers, school principals; and I try to act that way when I provide my interpretation services. I feel that we should all consider ourselves a real profession, perhaps even a profession above many others as we are also a little bit of an art. For this reason, when I first heard of InterpretAmerica about three years ago, I immediately fell in love with this idea of Katharine Allen and Barry Olsen.
I attended InterpretAmerica the last time it was held on the east coast two years. It was like a dream. The medical interpreters were there sitting next to the court interpreters, the military interpreters were having a conversation with the agencies; the equipment companies were there having a chat with the educational institutions, and the conference interpreters were sharing experiences, and learning, from the community interpreters. All interpretation fields under one roof! The colleagues from the east coast were there, so were those from the west coast, the European Parliament, the professional organizations, I saw board members and influential colleagues from ATA, AIIC, NAJIT, IMIA, and many more.
This week, InterpretAmerica will hold its Fourth Summit in the Washington, DC area. Looking at the schedule and list of speakers, it looks like this will be a very useful and interesting event. Unfortunately, this year I will not be able to attend the summit due to professional obligations, but I will be checking in regularly with many of my friends who will be there, and for the first time, I can follow the webcast of the second day if I chose to. As you know, I have devoted this blog to everything important and useful to our profession. This is one of the most important efforts in the history of interpretation in the United States. I encourage you to attend the summit, to exchange ideas, to take those ideas back home where you should share them with your colleagues. And to those of you who cannot attend this year’s summit, I invite you to get the webcast and to set aside the dates of next year’s gathering and go. I invite all my colleagues who are attending the summit, or have attended one in the past, to share their experiences for the benefit of all. I wish all the best to Katharine and Barry.
The role of the 16th. Century interpreters in the newly discovered world.
January 17, 2013 § 14 Comments
My posting about Malintzin, the first interpreter of the new world, a few months ago was very welcomed in Mexico and other countries, but some people, mostly from countries other than Mexico, did not like what I said and attacked her and other interpreters who assisted the Spanish conquistadors during the conquest of the newly discovered world. I welcome the debate as I think it is fruitful and helpful; it is interesting that some interpreters posted comments criticizing the role of Malintzin in Mexico and Felipillo in Peru and other South American countries as bad interpreters due to their lack of impartiality. These comments motivated me to write this post as I believe that their role is being misunderstood and therefore wrongly criticized.
Malintzin, Felipillo, and all other interpreters used by the conquistadors were military interpreters. I understand that many of my colleagues come from a court interpreting background where they have been told that the interpreter must be impartial. That is true in a court setting, but it does not apply to all fields of interpretation. As a military interpreter instructor at the Defense Language Institute I can tell you that the role of the military interpreter is very different. When interpreting for the armed forces, the interpreter needs to be loyal to the platoon that he or she belongs to. A crucial part of a military interpreter’s job is to do everything possible to assure the success of the mission. The military interpreter interprets for the party he works for, not for both parties. He conveys to the enemy what his side needs him and wants him to know, nothing else. A military interpreter brings up to his commander his impressions and suspicions about the enemy’s words, attitudes, and everything else he may consider important and relevant to his side. There is not such a thing as impartiality in military interpreting as the parties are not equal; one of them is called enemy. After Columbus’ discoveries at the end of the 15th. Century were known in Europe, and the Spanish conquistadors arrived in the Americas at the beginning of the 16th. Century, they arrived to conquer and submit. It was a military enterprise, not a good-will tour; thus the interpreters that aided Cortés, Pizarro and the other Spanish commanders were military interpreters, not diplomatic linguists. It is extremely important to keep in mind that most of these native interpreters, including Malintzin and Felipillo, were not citizens of the big empires the Spanish army was fighting against. They were members of other native nations that had been submitted, oppressed, and exploited by the powerful Aztec and Inca Empires. In other words: They had no duty of loyalty to their tyrants; in fact, they had a very understandable resentment and perhaps hatred for their oppressors.
There were big differences between Malintzin and Felipillo, the two best-known interpreters of the new world. Malintzin was, by all accounts, an extremely capable interpreter, very effective, talented, and hard-working. During the conquest of Tenochtitlan she got the respect and maybe the admiration of many Spaniards. Considering all circumstances, she had a good life. On the other hand, there are many reports that describe Felipillo, who appears on the records as an interpreter almost a decade after Malintzin, as a mediocre interpreter; he did not command any of his working languages as he should, apparently he had a problem with alcohol and found himself entangled in intrigue and gossip involving women. As part of the criticism to Felipillo, most historians argue that he misinterpreted for Pizarro, conspired with the natives, used religion to advance his own interests, and when in Chile he sided with the locals against Diego de Almagro committing a capital sin for the military interpreter: to be partial towards the enemy. This sole act that has been considered by some as his vindication with the indigenous cause, and maybe that is true and correct from a moral point of view, was his worse professional and ethical act as an interpreter, and ultimately cost him his life. In other words: There were good and bad interpreters during the conquest of the new world.
The last issue that has been raised by many begs for an answer to the question: Were the native interpreters a bunch of traitors? We know that at least the better-known ones were not fellow citizens of the empires to be conquered (Aztecs and Incas) We also know that their job was to do military interpretation, and their faults and mistakes came from their mediocrity as interpreters, personal problems, their own ambition, and perhaps a change of heart after they realized what the Spanish armies were doing to the peoples of other native nations. Then, why is it that some people view them as traitors anyway? This is a very difficult question. Most of those who attack these interpreters, particularly Malintzin, because she did a good professional job, believe that they had to side with the other local natives and not the Spaniards. To arrive to this conclusion we have to ignore the reality of the times: The Aztecs and Incas were oppressors to these people; the Spanish conquistadors had done nothing against them. The topic is even more complex when we realize that most who complain and criticize Malintzin and the others are not indigenous people, they are the result of the fusion of the two cultures and races, and most of them have Spanish last names, speak Spanish, and follow one of the European religions. One could say that to attack Malintzin and the others is to attack their very origin. There is a verb “malinchismo” in the Dictionary, but it does not mean to betray anybody. It means “Attitude of attachment to the foreign and contempt for one’s own.” Malintzin was not a member of the Aztec Empire. I would like to read your comments and opinions about the professional duties of military interpreters as it is applicable to many who are currently interpreting for our military forces in conflict zones around the world.