The biggest change in English-Spanish court interpreting ever.

May 12, 2014 § 8 Comments

Dear colleagues:

With the new National Code of Criminal Procedure (Código Nacional de Procedimientos Penales) just enacted in Mexico this past March 2014, the country with the largest Spanish speaking population in the world took one of the most dramatic steps on the implementation of their new oral legal proceedings. As many of you know, for the past few years Mexico has been moving towards a new judicial system that resembles the adversarial procedure followed by Common Law countries, and distancing itself from the more formalistic written inquisitorial system that comes from the Roman/French legal tradition. There have been constitutional amendments, training programs for judges and attorneys, and they are currently in the middle of an important legislative overhaul to match all legal precepts to the new process. These changes have brought two significant changes to our profession as court interpreters in both, Mexico and the United States. The first one is the obvious greater need for court interpreters as the new system will require services that the old written procedural rules did not. The second fundamental change, and the one that will impact the profession in the United States more than anything in the past, is the creation of new terminology and vocabulary by the Mexican legislator that will mirror very closely the criminal (and later the civil) procedure followed by the United States. In other words, for the first time ever, we will have a catalog of legal terms in Spanish that will be the law of the land in a country with close to 115 million Spanish speakers. Add to this reality the fact that Mexican society has an intense interaction with American society, and that most of the Spanish speakers in the United States are Mexican, and you get a combination of trade, crime, cultural exchanges, and family matters in Spanish that involve the two largest Spanish speaking countries in the world.

For the Mexican court interpreter, living in Mexico or in the United States, this will translate in a tremendous workload increase on the Mexican side of the border; for the Spanish language court interpreters who work in the United States (with the exception of some areas of the country where non-Mexican Spanish, particularly from Central America and the Caribbean, is broadly spoken) this means the emerging of a new culture where people who recently moved from Mexico to the U.S., Mexican citizens who live in the United States but get their news from the Mexican media, and their relatives who continue to reside in Mexico, will need and demand an accurate interpretation employing the official legal terminology in the Mexican legislation. Many of you work, as I do, with Mexican attorneys, and you know how they are always looking for interpreters and translators who can work with Mexican legal terms instead of “homemade” terminology generated out of necessity when there was no adversarial legal system in any Spanish speaking country. My friends, I suggest that there will be an even greater need for Spanish interpreters as the involvement of Mexican attorneys and Law Firms increase and their lawyers retain the services of court interpreters who know Mexican legal Spanish. By the way, the same comments apply to those court interpreters with knowledge of legal terminology from other Spanish speaking countries where the oral system is being implemented; Chile and Costa Rica are pioneers of this change. I emphasize the Mexican changes because they are the most recent and impact a much larger number of people. At this time the big question on the table for us as interpreters, particularly those who live in the United States, will be: how do we react to this irreversible change? I know I will embrace it, learn the new terminology, and apply it to my work. I hope most of you will do the same.

To those colleagues who might say that there is already a terminology used by many interpreters in the United States, and that it is the Spanish speaker who needs to realize this fact and get used to this current vocabulary, I ask you to consider two factors: (1) the language used by many court interpreters in the United States has been helpful and even useful in its attempt to provide an equivalent term that non-English speakers could understand. It was a great accomplishment in times when there were no official sources in the Spanish-speaking countries; but it is not official and in many instances it uses non-legal or lay terms that are not catalogued in any legislation; and (2) Mexican attorneys want to understand what the interpreter says and at the same time they want to devote their attention and energy to the legal problems of the case, they do not want to spend their energy trying to understand the vocabulary the interpreter is using and they never heard before; in other words: from the interpreter’s perspective adapting to the change is also a business decision.

On May 16 I will take some of the first steps by offering a preconference workshop during the NAJIT Annual Conference in Las Vegas, Nevada. Those who join me will be exposed to the most recent legislative changes by the Mexican government, will hear of the policies that Mexico is adopting to forge ahead with the adversarial system, and will see first-hand how these oral proceedings are conducted over there. I invite you to please share your thoughts on this huge change, and to tell us how you plan to adjust to it; or, if you do not think that you have to change anything you are doing right now, please do not just say that you will continue to do the same, instead, I invite you to explain why you will not adjust to these changes, and how they will not impact the place where you work as a court interpreter.

Great news: Awaited changes for Spanish court interpreting are finally here!

March 24, 2014 § 8 Comments

Dear colleagues:

As many of you know, over the last few years there has been a tendency among Latin American countries to switch from their traditional, and much slower, inquisitorial written procedural legal system, based on Roman and Napoleonic Law, to the quicker adversarial oral Common Law system followed by many Anglo-Saxon countries, including the United States. These changes have been difficult and have required a long time. For many decades, and more so within the last twenty five years, many Spanish speaking individuals have been forced to seek the protection and advantages of the American adversarial legal system to assert their rights, exercise their defenses, and create brand new legal obligations. Differences in the two types of systems, and specialized terminology exclusive to them, made it difficult to communicate with accuracy and legal precision complex concepts that are essential to prevail in a contractual situation and in court. It was then that many concepts and terminology were created out of necessity by translators and interpreters in the United States and Latin America. In many cases with plenty of good intentions and in good faith, but without even considering legal figures and concepts. This is how we got the “first generation” of bilingual “legal terminology” born from a linguistic conception without a legal perspective.

Globalization, immigration, and the exchange of goods and services between the United States and Latin America, especially Mexico, brought us a more coherent and consistent terminology and legal doctrine based on comparative law. This made it possible for interpreters and translators (in the United States and Latin America) to work with attorneys and law firms that required an interpreter/translator with a more sophisticated knowledge of the subject matter and correct terminology than a defendant in a criminal case with no formal legal or business background. It is from this point in time that we see translations and hear renditions that make sense to the legally-trained individual, and use the same language and terminology that lay individuals used to hear back in their country of origin.  These terms and legal figures were correct and they could be found in the law; however, they still required of a legal expert interpretation to be correctly matched to their legal counterpart in the other legal system.

Finally this all changed. Due to the tremendous judicial backlog and the need for more transparency in the administration of justice, several Latin American countries decided to reform their procedural legal systems shedding the old written inquisitorial system and replacing it with the faster and more transparent adversarial system where proceedings are oral and open to the public.

There were many that debated the change but Chile and Mexico undertook the greater changes. Chile decided to create a new system based in part on the German legal system. Mexico decided to base its reforms on the legal system of the United States.

Dear friends and colleagues, the journey to an acceptable, accurate and coherent translation and rendition is finally over: On March 5, 2014 Mexican President Enrique Peña Nieto signed into law the new Federal Code of Criminal Proceedings applicable throughout Mexico.  This new legislation will apply to all criminal proceedings at all levels: local, state, and federal. This new system embraces an adversarial system similar to the one applied in the United States with public and oral hearings, rules of evidence taken from the American legislation and adapted to the Mexican culture, and a sentencing system based on the one used in America. The biggest differences between the Mexican and American systems are found in the trials. Mexico will only have court trials, the U.S. has both: court and jury trials.

These new legislation gives us the equivalent legal figures, procedural stages and terminology necessary to do a precise rendition and an accurate translation. Moreover, by integration, reference and interpretation, all substantive terminology contained in the criminal, civil, constitutional, and administrative legislation will now make it easier for any interpreter or translator to use the correct terminology and legal concepts. This legislation has been analyzed and drafted by legal professionals; it contains all required legal concepts and structures needed to have a coherent product, and creates, just like American legislation, a separate but precise legal terminology derived from legal concepts and not linguistic considerations. Remember, this is not English, this is not Spanish. We are talking about legal English and legal Spanish. In fact, we are referring to American legal English and Mexican legal Spanish. Translators and interpreters will be able to communicate the legal message to their clients without any ambiguities. No more “agreement/ contract/convenio/acuerdo/contrato salad.” We now have the correct legal figures for each situation. This new terminology is the one that the brand new Mexican court interpreters and legal translators are learning and will use during the proceedings down there.

Some of our colleagues may resist this change but it is inevitable. Arguments that the terminology is too technical and their clients will not understand it do not apply anymore. This is the same terminology they will hear in their own countries, at least the overwhelming majority of the litigants who are from Mexico, or have a connection with Mexico.  We have to keep in mind that we have been using a combination of terminology that was never correct and some valid terms that are now obsolete. You cannot continue to say something wrong and make it right by mere repetition. It is also important to remember that good court interpreters should widen their practice, and only those who can be understood will work with Mexican attorneys. Even attorneys and judges from other Spanish speaking countries will favor the Mexican terminology as it is legal terminology and not just a translation with no legal foundation. Those of you who may consider taking the Mexican court interpreter certification (not in place yet) in order to work in court south of the border, and even those of you who may want to do depositions in Mexico will need these new legal terms. This is the time to learn and grow. This is the time to be ahead of the rest and find your place in the new market. Unfortunately, this is also the time to become obsolete and irrelevant.

Although the law is already gone into effect, the new legal system will be fully implemented by 2016 so there is time for all of us to learn and be ready.

For all of these reasons I have been studying the new legislation, and because of my unique position as an attorney who knows both, the American and the Mexican systems, and as an interpreter who has plenty of experience in both systems, I have designed a series of workshops on this subject. I will teach the first two workshops based on this brand-new Mexican legal system in Mexico City on March 29 & 30, and in Guadalajara Mexico on April 5. In the United States I will teach these legal changes for the first time on May 16 as an all-day pre-conference workshop within NAJIT’s annual conference in Las Vegas Nevada. I invite you to attend these or other workshops that I will be teaching on this subject, and I invite your participation and comments on this issue right here on the blog.

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