Interpreter played a crucial role at the first Thanksgiving.

November 27, 2014 § 3 Comments

Dear colleagues:

On this Thursday the people of the United States celebrate Thanksgiving: the most American of all holidays. Christmas is also a very big day in America, but unlike Christmas that is only observed by Christians, Thanksgiving is a holiday for all Americans regardless of religion, ethnicity, or ideology. There are no presents, and every year during this fourth Thursday in November, people travel extensively to be with their loved ones and eat the same meal: a turkey dinner.

It is important to distinguish between the religious act of thanking God for the good fortune and the American holiday called Thanksgiving Day. The former was held by many Europeans all over the new world as they gave thanks for setting foot again on dry land. Explorers and conquistadors observed these religious ceremonies in places like Virginia, Florida, Texas, and New Mexico. There are documented ceremonies held on (at the time) Spanish territory as early as the 16th. Century by Vázquez de Coronado, and we have records of the festivities that took place in Jamestown, Virginia during 1610.

The first Thanksgiving holiday that we presently observe can be traced to a celebration that took place at the Plymouth Plantation in Massachusetts. The settlers had a bad winter followed by a successful harvest in 1621. During that crude winter survival was possible thanks to the help of the local residents: The Wampanoag tribe. Massasoit, who was the tribe leader, donated food to the English when the food they brought from England proved to be insufficient. Cooperation between Native-Americans and Europeans included agriculture, hunting, and fishing lessons. The settlers were taught how to catch eel and grow corn, and were briefed on the geography and weather conditions of the region. This partnership took place because of the good disposition of all those who participated; however, trust had to be established and communication had to be developed. The Europeans and Native-Americans spoke different languages and had very little in common. The English settlers were very fortunate as they had among them a Patuxent Native-American who had lived in Europe, first in England and Spain as a slave, and later in England as a free man. During his years in Europe, this man learned English and had the ability to communicate in both languages: English and the one spoken by the Wampanoag tribe. His name was Squanto (also known as Tisquantum), and he played an essential role in this unprecedented cooperation between both cultures. He was very important during the adaptation and learning process. His services were extremely valuable to settle disputes and misunderstandings between natives and settlers. There are accounts of Squanto’s ability and skill. He was embraced by the settlers until his dead. In fact, his work as an interpreter and cultural broker made it possible for two very different peoples to sit down and share a meal and a celebration when on that first Thanksgiving, the settlers held a harvest feast that lasted three days. As many as ninety Native-Americans, including King Massasoit attended the event. They ate fish, fowl, and corn that the English settlers furnished for the celebration, and they had five deer that the Wampanoag took to the feast. Although it is not documented, it is possible that they also had some wild turkeys as they existed in the region. Undoubtedly Squanto must have worked hard during those three days facilitating the communication between hosts and guests.

We now celebrate this all-American holiday every year. It has been observed since President Abraham Lincoln declared it a national holiday; and it has been observed on the fourth Thursday of November since President Franklin D. Roosevelt declared that it should be observed on that Thursday instead of the last one of the month as sometimes November has five Thursdays. Thanksgiving is also the most American of all holidays because we celebrate family, football and the start of the best retail season of the year: Christmas. We now have Black Friday and Cyber-Monday. We travel by plane, car, and train to go home for this turkey dinner, and we all gather around the TV set to watch football and parades. This Thanksgiving as you are carving the turkey, pause for a moment and remember the interpreter who helped make this all possible: Squanto the Patuxent Native-American. Happy turkey day!

What do Americans celebrate on Presidents’ Day and how do you spell it?

February 17, 2014 § Leave a comment

Dear colleagues:

As it happens with other American holidays, many colleagues who live abroad, and others who live in the United States but grew up somewhere else, have asked me the meaning of the holiday we celebrate in the United States on the third Monday in February.  As you know, the United States is a federation of fifty states and each state has its own legislation and decision-making process.  As a result of this system Americans have two types of holidays: Those that are observed in all fifty states called federal holidays, and those that are only observed in a specific state.  The latter ones are referred to as state holidays.  By comparison with other countries the United States has very few holidays.  The one observed in February is the third one on the calendar and it is just one of two holidays that commemorate the birth of a person (the other one is in January to honor the birth of Martin Luther King, Jr.)

All government offices close on federal holidays but the rest of the American people go to work on many of them.  The February holiday is one of those that the majority of the citizens of the United States will commemorate by going to work.

The U.S. has many founding fathers, all heroes and authors of the great country that we Americans enjoy today, but there is only one “father of the country.”  There is only one George Washington.  Because George Washington was born in the American state of Virginia on February 22, and he is the father of the country, in 1879 The United States Congress determined that all government offices in Washington, D.C. should remain closed to observe his birthday. In 1885 this was expanded to all federal government offices all over the United States.  On January 1, 1971 Congress passed the “Uniform Monday Holiday Act” and among other federal holidays, it shifted this one from Washington’s actual birthday to the third Monday in February.  As an interesting footnote I should mention that this piece of legislation moved the holiday to a day between February 15 and 21, so the observance never coincides with Washington’s real birthday on the 22nd.  For many years the holiday was known as “Washington’s Birthday.”

Abraham Lincoln, another beloved American hero, and our 16th. President, was born on February 12.  It was impossible to have two separate holidays to honor these two great men during the same calendar month, so for a long time Lincoln’s birthday was ignored.  A draft of the “Uniform Monday Holiday Act” would have renamed “Washington’s Birthday” as “Presidents’ Day” to honor the birth of both beloved presidents.  This is the reason why the observed holiday falls between both birthdays but it never falls on either.  The proposed name change failed in Congress and the holiday continued as “Washington’s Birthday.”  Lincoln’s birthday did not become a federal holiday, but several states, among them Connecticut, Missouri, and Illinois adopted it as a state holiday and observe it on February 12, his actual birthday.

By the mid-1980s retailers and advertisement agencies started to refer to the holiday sales during this time-period as “Presidents’ Day” and the American people would soon follow suit.  Officially the holiday has never been named “Presidents’ Day.”  In fact, some state legislatures have chosen to honor Washington, Lincoln, and other heroes differently during the month of February. For example, the state of Massachusetts celebrates a state holiday called “Washington’s Birthday” on the same day that the federal government observes the federal “Washington’s Birthday,” and in May it celebrates a state holiday named “Presidents Day” honoring the presidents of the United States who came from Massachusetts: John Adams, John Quincy Adams, Calvin Coolidge, and John F. Kennedy.  In fact, the holiday falls on Kennedy’s birthday: May 29.  In Virginia where George Washington was born, the federal holiday is legally referred to as “George Washington’s Day.”  In Alabama the federal holiday commemorates Washington and Thomas Jefferson despite the fact that the latter president was born in April, and in New Mexico state government is open on the official federal “Presidents’ Day” because they observe it as a state-paid holiday on the Friday after Thanksgiving also known as “Black Friday.”

Now that we know that the third Monday in February is known as “Presidents’ Day” and it also serves the unofficial role of honoring Abraham Lincoln, and now that we understand that although a federal holiday, almost nobody but government employees have the day off on “Washington’s Birthday” we need to talk about the correct spelling of this official federal holiday known to all Americans by its unofficial name: “Presidents’ Day.”

Today people refer to the holiday as “Presidents’ Day” and “Presidents Day.”  Both versions are considered correct by American dictionaries such as “Webster’s Third International Dictionary” and “The Chicago Manual of Style.”  As the use of attributive nouns has become common in the United States, “Presidents Day” has become the most popular term.  Of course, the spelling “President’s Day” is only acceptable when specifically referring to the birthday of Washington, and Washington alone.  So now you know what to do the next time they ask you to explain what Americans celebrate on the third Monday in February, whether or not you are willing to work on “Presidents Day,” and how to spell the name of this exceptionally unique and diverse holiday.  Please feel free to share your comments about the holiday or the way it should be spelled.

Interpreter played a crucial role at the first Thanksgiving.

November 26, 2013 § 1 Comment

Dear colleagues:

On Thursday the people of the United States will celebrate Thanksgiving: the most American of all holidays.  Christmas is also a very big day in America, but unlike Christmas that is only observed by Christians, Thanksgiving is a holiday for all Americans regardless of religion, ethnicity, or ideology. There are no presents, and every year during this fourth Thursday in November, people travel extensively to be with their loved ones and eat the same meal: a turkey dinner.

It is important to distinguish between the religious act of thanking God for the good fortune and the American holiday called Thanksgiving Day.  The former was held by many Europeans all over the new world as they gave thanks for setting foot again on dry land. Explorers and conquistadors observed these religious ceremonies in places like Virginia, Florida, Texas, and New Mexico. There are documented ceremonies held on (at the time) Spanish territory as early as the 16th. Century by Vázquez de Coronado, and we have records of the festivities that took place in Jamestown, Virginia during 1610.

The first Thanksgiving holiday that we presently observe can be traced to a celebration that took place at the Plymouth Plantation in Massachusetts. The settlers had a bad winter followed by a successful harvest in 1621.  During that crude winter survival was possible thanks to the help of the local residents: The Wampanoag tribe.  Massasoit, who was the tribe leader, donated food to the English when the food they brought from England proved to be insufficient.  Cooperation between Native-Americans and Europeans included agriculture, hunting, and fishing lessons.  The settlers were taught how to catch eel and grow corn, and were briefed on the geography and weather conditions of the region.  This partnership took place because of the good disposition of all those who participated; however, trust had to be established and communication had to be developed.  The Europeans and Native-Americans spoke different languages and had very little in common.  The English settlers were very fortunate as they had among them a Patuxent Native-American who had lived in Europe, first in England and Spain as a slave, and later in England as a free man.  During his years in Europe, this man learned English and had the ability to communicate in both languages: English and the one spoken by the Wampanoag tribe.  His name was Squanto (also known as Tisquantum), and he played an essential role in this unprecedented cooperation between both cultures.  He was very important during the adaptation and learning process. His services were extremely valuable to settle disputes and misunderstandings between natives and settlers.  There are accounts of Squanto’s ability and skill. He was embraced by the settlers until his dead.  In fact, his work as an interpreter and cultural broker made it possible for two very different peoples to sit down and share a meal and a celebration when on that first Thanksgiving, the settlers held a harvest feast that lasted three days. As many as ninety Native-Americans, including King Massasoit attended the event.  They ate fish, fowl, and corn that the English settlers furnished for the celebration, and they had five deer that the Wampanoag took to the feast. Although it is not documented, it is possible that they also had some wild turkeys as they existed in the region.  Undoubtedly Squanto must have worked hard during those three days facilitating the communication between hosts and guests.

We now celebrate this all-American holiday every year. It has been observed since President Abraham Lincoln declared it a national holiday; and it has been observed on the fourth Thursday of November since President Franklin D. Roosevelt declared that it should be observed on that Thursday instead of the last one of the month as sometimes November has five Thursdays.  Thanksgiving is also the most American of all holidays because we celebrate family, football and the start of the best retail season of the year: Christmas.  We now have Black Friday and Cyber-Monday.  We travel by plane, car, and train to go home for this turkey dinner, and we all gather around the TV set to watch football and parades.  This Thanksgiving as you are carving the turkey, pause for a moment and remember the interpreter who helped make this all possible: Squanto the Patuxent Native-American.  Happy turkey day!

Are federally certified court interpreters any good? Maybe the NAJIT conference had the answer.

May 20, 2013 § 17 Comments

Dear colleagues:

When you go to the doctor, retain an attorney, get on an airplane, or hire a plumber, you want them to be honest, good, and competent. So do I; So does society. That is why there are laws and regulations that require they go to school, get a professional license, and comply with continuing training and education.  Even when a person reaches a certain age, he has to go back periodically to the Motor Vehicle Division to be retested in order to continue to drive. Interpreters are no exception. Almost everywhere in the United States where a State offers a certification program, its interpreters must comply with continuing education requirements to keep their certification. Translators need to do the same to maintain their certification with the American Translators Association.  It sounds logical right? It makes sense.

Over the weekend the National Association of Judiciary Interpreters and Translators (NAJIT) held its annual conference in St. Louis, Missouri. This is a yearly event and it is the only one of its kind. NAJIT is the only national professional association for judiciary interpreters in the United States. There are many state, regional, and local organizations that meet regularly and offer training and educational opportunities to their members, but no other one offers this service at the national level.  Every year the conference takes place at a different location and offers a variety of workshops and presentations so that all judiciary interpreters and translators can better themselves and meet their continuing education requirements with their respective states.

As the main gathering of judiciary interpreters, NAJIT attracts some of the key players in the industry, including the Administrative Office of the United States Courts. This is the federal agency that runs the federal court interpreter certification program.  Every year this presentation brings federally certified interpreters up to speed on everything that is happening in the federal interpreter program through a presentation and an open question and answer session with the government officials who know the subject. The presentation was held as scheduled and Mr. Javier Soler and Ms. Julie Meeks were there sharing statistics and information; answering questions, dissipating doubts. Unfortunately, and in my opinion very sadly, only a handful of federally certified court interpreters were there.  There are almost one thousand federally certified court interpreters in the United States and there were less than twenty in attendance! Other sessions held simultaneously in the other conference rooms were full of state-certified court interpreters who were attending the St. Louis conference because they wanted to improve their skills but also because they needed the continuing education credits for their respective State Administrative Office of the Courts.  Of course, there room was not that empty, there were many people without a federal certification who were attending Mr. Soler’s and Ms. Meeks’presentation because they wanted to learn.  And they did learn something that was discussed for the next two days in the hallways of the hotel where the conference took place: Federally certified court interpreters do not need continuing education credits to keep their certification current.  Those non-certified interpreters in attendance learned something they didn’t expect, tweets on this issue were the conference’s most re-tweeted throughout Europe where 2 other conferences were held on the same weekend. I knew this information. I have always known this information, but as I looked around a room with just a few colleagues, many non-certified attendees, and a tweet practically going viral, I understood why the federally certified court interpreters weren’t there, listening to the representative of the government agency that regulates what they do and travels half a continent every year to come to see them: No motivation. No need. The only court interpreters who were not attending the conference, and particularly this session were the federal interpreters. The only ones who do not need to comply with continuing education.

Let me explain: Unless an interpreter complies with the State of Colorado’s continuing education requirements, he cannot interpret for a defendant who has been accused of driving without a license and proof of car insurance in Pueblo Colorado. Unless an interpreter complies with the State of New Mexico’s continuing education requirements, she cannot interpret for a defendant who has been accused of duck-hunting without a permit in Estancia New Mexico.  A federally certified court interpreter who has never attended a class of ethics or a legal terminology presentation in his lifetime can interpret for a defendant who has been charged with running the biggest organized crime operation in the history of the United States.  The first two examples are misdemeanor charges that carry a fine, and under some circumstances a brief stay behind bars. The individual in the last example could be facing life in prison.

The judicial branch of the United States government is facing tough times; these are difficult days and they have to watch a smaller budget. So do the individual states.  It is very true that continuing education is expensive. It is expensive to provide the education and training. It is expensive to verify compliance and to keep a record… but there are ways…

There are surely other options, but these are my 2 cents:

Some states honor the continuing education provided by already well-established organizations and associations at the national, regional, state, and local levels. ATA does the same.  The cost to the federal government would be zero if they decided to honor credits obtained at a NAJIT, ATA, or other well-recognized conference in the United States, including some state conferences such as California’s Nebraska’s, New Mexico, and others. They could also honor credits from attending well-known prestigious international and foreign professional organizations such as FIT, FIL/OMT in Mexico, ASETRAD in Spain, and others; and they could also consider the classes taught at institutions like MIIS, University of Arizona, University of Maryland, and others.  All of the conferences and organizations above offer training and presentations on ethics, skills-building, terminology, practices, technology, and many more.

The reporting of the courses attended could be on an honor basis as many states do at this time. After all, federally certified court interpreters are professionals with moral solvency who periodically undergo criminal background checks. They are officers of the court!  These credits could be reported by answering and signing a form at the same time contractors renew their contract every year and staffers undergo their evaluation.  And to keep a central record, all interpreters would have to input this information into the system once a year by accessing and updating their personal information on the national court interpreter database system (NCID) that already exists and we access every time we change our address or modify our resume.

Federal interpreters are honest, professional and capable individuals who love their trade and take pride on their work. They would happily embrace this change and comply. After all, many are already doing it for their state and ATA certifications.  Please let me know your opinion and ideas on this crucial topic.

Are court interpreters at risk of committing a crime?

March 5, 2013 § 12 Comments

Dear colleagues:

Some of you may have noticed that for about a couple of years there has been a tendency to redefine the court interpreter profession.  Some are now saying that we should not even call ourselves court interpreters; that we should instead refer to those who interpret in court as “cultural brokers,” “language specialists,” “language facilitators,” and many other similar titles.  The basic idea behind this new movement is that many times court interpreters interpret correctly and accurately what has being said in court, but the person they are interpreting for, usually a defendant, victim, or witness, does not understand what happened during the court proceeding.  Some claim that because of cultural differences, lack of formal education, economic factors, and others, these people who do not speak English need more than just interpretation. They need explanations, descriptions, maybe even a lower registry in order to understand what is happening in court.

It has been suggested that court interpretation rules and practices are outdated and therefore ineffective; it has been said that these ethical and professional considerations and expectations cripple the process as they contribute to increase the barrier of misunderstanding instead of eliminating it. The proposal is to approach judges and attorneys and inform them that court interpreters need to change their ethical and professional rules, and that as language professionals, they need to be the ones amending them, not other professionals who are not entirely familiar with the interpreter profession.

It has been suggested that nothing changes in a case when the interpreter tells the defendant that his charges have been “dropped” even though the judge said that they had been “dismissed.”  That this allows the defendant to understand better.

I agree that our job is to make sure that two people who do not speak the same language can communicate.  I agree that the law is technical, complicated, and full of big words and obscure terms. I am aware of the speed at which hearings are conducted in most courthouses, and I do not dispute that it is very difficult to follow a proceeding that took 90 seconds.  The problem is that I am also aware of a crime named: “Unauthorized Practice of the Law.”

Black’s Law Dictionary defines it as “The practice of law by a person, typically a non-lawyer, who has not been licensed or admitted to practice law in a given jurisdiction.” (Black’s Law Dictionary. 7th. Ed. St. Paul, MN: West. Pp 1191-1192) Even licensed attorneys are barred from practicing in jurisdictions (states) where they have not passed the bar exam and being sworn in as attorneys according to Rule 5.5 of the Multijurisdictional Practice of Law Rules of the American Bar Association (ABA) Moreover, unlawful practice of the law is illegal in the federal and state judicial systems, and it  constitutes a crime. Some states treat it as a misdemeanor like Arizona and New Mexico, and in some states a behavior of falsely claiming to be a lawyer is a felony  (TX Penal Code Ch. 38 Section 38.122 & 38.123) Misdemeanors can carry up to one year in jail, and felonies can land a person in prison for even longer.

Asking an interpreter to interpret accurately and completely is appropriate and expected. Asking an interpreter to “edit” and decide what to say and how to say it, even with an amended set of rules of ethics and professionalism, creates a situation where that interpreter has to navigate the very treacherous waters of the law, and act as a cultural and linguistic broker without breaking the law, and with the constant possibility of being deprived of his or her freedom.   In my opinion the risk is too high and many interpreters are not prepared or willing to make a distinction between those illegal activities that constitute unlawful practice of law, and those others that would help the defendant, victim, or witness understand what just happed in a court hearing.

The solution has to be somewhere in the middle:  A good and honest interpreter must be aware of the cultural differences between client and attorney, parties and judge.  If the interpreter determines that there is a problem in the communication, he or she must tell the English speaker attorney that his client may be having difficulties understanding some of the concepts that were debated, the interpreter must help the attorney by explaining the possibility of a cultural, economic, emotional wall between her and her client.  That ends the interpreter’s obligation. Now it is up to the attorney (or judge) who needs to explain and maybe rephrase some of what has been mentioned to her client: the defendant.  It is the attorney who should be giving legal advice, not the interpreter. The attorney needs to determine what is said and explained to the client. The interpreter must interpret all explanations the attorney gives to her client.  In other words, there is nothing wrong in telling the attorney that his client is not understanding what is being said in court.  This way the interpreter stays within his field, and the attorney practices law.  Please share with us your thoughts on this new trend, and tell us your opinion on what needs to be done.

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