Ignoring court certifications is turning fashionable.

April 23, 2018 § 4 Comments

Dear colleagues:

Legal certainty is the foundation of any system of justice administration. Modern society cannot function in an environment where people are afraid to act because they ignore the outcome of their efforts. Human creativity and progress need a certainty that a set of actions will produce a desired outcome, and the peace of mind fostered by an absolute trust in an honest, capable and independent judge who will clarify what is confusing and decide what is contested according to law and equity.

All civilized nations enshrine these principles in their national constitution and create international courts of justice to address controversies that go beyond their own jurisdiction. To work, this system requires of honest, independent, capable, skilled, and knowledgeable professionals who serve as judges, attorneys and other officers of the court, including court interpreters.

No legal system can be fair when some are denied access to justice because of the language they speak, and no access to the administration of justice can be effective unless its services are provided by skilled professionals who have met rigorous standards set by the authority under the principles of equal justice uncompromised by expediency or convenience.

Every day we see how more nations adopt these principles, sometimes because of the realization of the truths above, and sometimes because the change is imposed by the unstoppable waive of globalization. Countries have changed their legal systems to incorporate these values, and as part of these changes, they have adopted legislation requiring court interpreters to be professional, ethical, skilled and knowledgeable. Some have called this process certification, others licensing, concession of patent, accreditation, etcetera.

Countries like the United States have developed a solid and reputable system of certification at both levels of government: federal and state.  Because the overwhelming majority of non-English speakers in the U.S. speak Spanish, all states and federal government have developed a certification process (licensing process in Texas) for Spanish language court interpreters. The federal government has issued federal court interpreter certifications in Navajo and Haitian Creole as well. To satisfy their local needs, states have adopted certifications for the most widely spoken languages, other than Spanish, in their jurisdiction; these certifications vary depending on the demographics of each state. Both, the federal and state judiciaries have adopted a system to classify court interpreters of languages without certification program as accredited or qualified.

Court interpreter certifications guarantee litigants and judges those officers of the court who provide interpreting services in a court procedure have demonstrated, through a rigorous scientific testing process, to have the minimum required skills, knowledge, and ethics to practice as professional certified court interpreters. Accredited and qualified court interpreters give litigants and judges an assurance that the federal or state system in charge of language access services was convinced of the skill, moral character and professionalism of these interpreters by alternate means to the certification process non-existent for that language combination.  It all boils down to the basic principle of legal certainty.

Many countries have a dual system of administration of justice: There is a judiciary as an independent branch of government that decides controversies between individuals, government entities, and in criminal cases. There is also a sui-generis administrative court system that exists not as a part of the judiciary or as an independent branch of government, but as an independent entity within the executive branch at both: federal and state levels. These administrative courts deal with civil law controversies of the administrative type where individuals dispute certain actions, benefits, entitlements, and rights that must be protected, conferred, or denied by an agency of the executive branch of government. The best known administrative courts in the United States are Immigration, Social Security and Workers’ Compensation.

Because these administrative courts are not part of the judicial branch of government, rules, policies and requirements pervasive in the judiciary do not extend to these so-called Article 1 Courts (because they are created by legislation, not the constitution) as opposed to Article 3 Courts (created by Article 3 of the U.S. Constitution). Rigorous criteria for court interpreter certification, created for legal certainty, are not applied or followed by most administrative courts, leaving the door open to those seeking shortcuts, opportunity, and financial gain with absolute disregard for judicial certainty and the best interests of the parties to a controversy.

A few weeks ago the Immigration Courts in the United States (Executive Office for Immigration Review, or EOIR) publicly announced they were hiring Spanish language interpreters nationwide to work in the immigration courts. Although this would place these interpreters directly under the supervision and control of the court, a big improvement over having people providing interpreting services in immigration court under the supervision of SOSi, the well-known language services provider that earned the contract by bidding lower than the rest, it is still bad policy that will eventually harm those who go to immigration court seeking relief.

EOIR’s announcement requires no reputable universally accepted court interpreter certification (federal or state level). It only requires candidates to pass a test with no scientific validation offered online.

This tendency to retain lesser qualified individuals for matters that could eventually affect someone’s life forever, such as a removal or an asylum case, is echoed by those who also settle for less interpreting quality in exchange for more money and argue that non-certified court interpreters, even if healthcare certified, or those who take cover under the unrecognized so-called “community interpreter” credential, are qualified to interpret depositions!

Depositions are a very delicate legal proceeding because they take place outside the presence of a judge. This means they require of an even more experienced certified court interpreter, not a lesser qualified paraprofessional. The most complex litigation, the ones involving enormous amounts of money, the ones often dealing with conflict of jurisdictions and legal systems, those governed by international conventions, and for those very reasons, the ones where interpreters earn the highest fees, always start with depositions very difficult even for many seasoned court interpreters.

Multi-million dollar lawsuits, intellectual property infringements, trade wars between nations, the livelihood of an injured worker who will never work again, removal proceedings that will keep a person outside the country for the rest of her/his life, asylum hearings, often an applicant’s last hope to protect her/his life, liberty and family unity are not less complicated cases. We cannot leave the administration of justice for those who do not speak the language of the court, judicial or administrative, in the hands of greedy agencies, ignorant unscrupulous authorities, and opportunists and incompetent paraprofessionals. I now invite you to share your thoughts on this topic and the disturbing tendencies we see.

Hire an interpreter, not a linguist.

March 19, 2018 § 10 Comments

Dear friends and colleagues:

I have noticed there is confusion among clients, and some interpreters, about the meaning of the term “linguist”; this is due, in part, to its obscure definition in the English language dictionaries, but mainly because of a calculated campaign by some transnational agencies who found a way to profit from the confusion.

The Oxford English Dictionary defines the noun “linguist” as: “(1) A person skilled in foreign languages. (2) A person who studies linguistics.” (Oxford English Dictionary).

Merriam-Webster defines it as: “(1) A person accomplished in languages; especially: one who speaks several languages. (2) A person who specializes in linguistics.” (Merriam-Webster Dictionary).

According to Oxford, an “interpreter” is: “(1) A person who interprets, especially one who translates speech orally or into sign language.” The word comes from Old French “interpreteur”, this one from late Latin “interpretator”, which comes from Latin “interpretari.”  (Oxford English Dictionary).

Merriam-Webster tells us that “interpreter” is ” (1) One that interprets: such as (a): one who translates orally for parties conversing in different languages. (b) one who explains or expounds.” (Merriam-Webster Dictionary).

Widely used and universally recognized Oxford gives us two scenarios where an individual can be referred to as a “linguist”: individuals who study linguistics (pretty clear), and someone skilled in foreign languages, such as trilinguals or multilinguals. Apparently the definition would not apply to a bilingual persons because they would be skilled in their mother language and only one foreign language (singular). We all know that speaking a foreign language is light years from being an interpreter or translator. A French, Russian, and Italian speaking individual may do many things, but interpreting or translating will not be among their skills unless they have actively studied and trained themselves in interpreting or translation.

The more Americanized Merriam-Webster Dictionary creates confusion in the United States because it calls linguist a person accomplished in languages; especially: one who speaks several languages. Many Americans equate speaking several languages with being an interpreter or translator. This mistake comes from the belief that “linguistics” means speaking several languages and therefore interpreting from one into another. “Linguistics” is a discipline to describe and explain phenomena such as morphology, phonetics, syntax, semantics, and pragmatics, aiming for generalizations that hold across all languages (David Crystal. Cambridge Encyclopedia of Language. Cambridge University Press).

Many countries have legislation regulating interpreting services, limiting professional practice to those with a college degree or a license to practice the profession, to a requirement of holding a certification, accreditation, or qualification by a government agency or a professional association.

Depending on their language combination, to appear in court, interpreters in the United States must be certified, accredited or qualified. Black’s Law Dictionary gives us a legal definition of interpreter as: “a person sworn at a trial to interpret the evidence of a foreigner or a deaf person to the court”. Federal and State legislation set the requirements to perform this service, staring with a certification/accreditation program.

Most interpreters are not, and need not be, linguists. They must be interpreters. Unlike a mere bilingual individual, they have invested time, effort, and money in their education and training. While they command professional fees, those who speak a foreign language, but hold no degree, certification, or accreditation, cannot demand a professional income and sometimes they are not even aware of the professionals.

For this reason, and to attract customers by offering “interpreters” at very low cost, many transnational interpreting and translation agencies, usually in the legal, community, and healthcare interpreting fields, offer the services of their “linguists”, avoiding liability if their envoys do a poor job, and murking the waters of certification compliance requirements. Most people do not know what a linguist does, and they pay little attention because they trust the agency they just hired.

It is essential we make it very clear to our clients that we are professional interpreters, certified, accredited, licensed, qualified, or any other similar term used where you practice to separate you from the “paraprofessionals”.

Other languages, like Spanish, do not have this problem because the two terms are clearly different in the dictionary. I suggest you look into your other work language and see if the difference is clear, and if so, go to your non-English speaking clients and show them the definitions to back up your explanation. (Diccionario de la lengua Española, antes RAE. Diccionario de uso del español. Maria Moliner). I always demand a change in my contract when I notice I am “the linguist” instead of “the interpreter”.

We cannot allow these agencies to hijack our language, our professions, and our terminology so they can advance their destructive cause.

The English dictionary does not give us another definition of “linguist” but we can tell our colleagues and clients there is an unauthorized definition by the transnational agencies that goes like this:

<Linguist. An agency’s code name for non-certified interpreters and translators willing to work for insulting, rock-bottom fees the “industry” calls “rates”, to make the individual feel more like a laborer and less like a professional>.

I now invite you to share with the rest of us your comments on this practice by the agencies.

Interpreter certification: A fight against the establishment.

May 1, 2017 § 3 Comments

Dear Colleagues:

Many of us have devoted years to the struggle to achieve recognition towards the professionalization of what we do. In most countries, interpreters need not have a college degree, the occupation is highly unregulated, and society lacks the knowledge to demand a high-quality professional service. An important number of countries have exercised to a degree some control over who can interpret in certain fields: legal and healthcare interpreting now requires of a certification in several countries. Whether it is called certification, patent, license, or anything else, this is an important step towards professionalization. It is a way to compensate the lack of formal education by giving individuals a chance to demonstrate that they have the minimum skills to practice as interpreters. It reminds me of the beginnings of other now well-established professions. Two centuries ago, people in the United States could become lawyers by passing the State Bar without having to attend Law School.

Although certification does not guarantee the quality of a rendition, it allows the user to decide if an individual is at least minimally qualified to provide the service. This quality-control becomes very valuable to society, but we must be very careful as it is not always what it should.

All professions certify, admit to practice, or something to that effect, their members in one of two legitimate ways: By an administrative act sanctioned by a government because of passing a knowledge and skills test, or, by an administrative act sanctioned by the individual’s peers through a professional association because of passing a knowledge and skills test.

In the United States, and other countries, court interpreters acquire their certification through the former system, while healthcare interpreters get their credential through the latter.

Both systems work fine because they meet the requirements that guarantee an unbiased decision solely based on merit, not self-serving reasons. Besides meeting certain moral and legal requirements, this is achieved by passing a scientifically developed exam rated by an impartial qualified jury. Certifications can only be universally accepted and recognized when they come from such a process. For this reason court and healthcare certifications have become the standard of the profession in many countries.

Unfortunately, because of the lack of legislation, the high demand for inexpensive interpreter services, lack of knowledge by the potential client, and the existence of paraprofessional interpreters willing to work for next to nothing for their quality-absent services, have created a perfect storm for worthless so-called “certifications” that currently inhabit the market in the darker corners of the ugly face of interpreting, feeding themselves on the ignorance, fear, and cowardice of the pariahs of this profession.

Many language agencies advertise their interpreters as “certified” because they have been tested online or by phone and passed an unscientific exam not developed to learn if an applicant is prepared with the minimum professional skills to do the job. Instead, the motivation behind these “exams” has to do with marketing the service, and protecting the agency if a lawsuit occurs caused by the incompetence of their so-called “certified interpreters”. No data is available on the science behind their exams, and there is no information on the quality and impartiality of those rating the examinees.

It gets even worse: many community interpreting, telephonic interpreting, and supposedly healthcare and legal interpreting agencies advertise as “certified” interpreters individuals who attended a workshop, took a class online, read a manual, or went to a class without even taking an exam! The website of one agency brags about the “training” of their “certified” interpreters taught “national ethics and standards of practice for interpreters” in the United States. The problem is there is not such a thing. Each field has its own code of ethics. It also claims that their “certified” interpreters, who apparently work in legal situations, get “…basic skills pre-session preparation…” and they also get skills on “…closing the session…” These are no doubt important issues in healthcare interpreting, but not even the terminology exists in legal interpreting. I wonder how this knowledge, or learning “information on community systems (K-12 schools…)” will show that an interpreter is ready to work in a courtroom, detention center, or law office. Some brag about the number of training hours they offer to their interpreters, but they do not require that they pass an exam; much less a real scientific exam like the ones real certified interpreters must pass. Most of the training hours are devoted to practices to protect the agency from liability, to make the business plan more profitable. Whether they require an online test or just a bunch of classroom hours on a curriculum they created, they have as their main goal to create this impression that their interpreters are certified. They never disclose that their certifications are not officially recognized, that their exams were not scientifically developed, or that they have a vested interest: to offer the paraprofessional services of these “certified” interpreters at a lower cost so they can profit more.

This is not the only problem, dear friends and colleagues, official government policy can also be the main obstacle faced by interpreter certification. I was contacted some time ago by the government of a country outside the United States.  Mexico’s legal reforms took the country from a written court system to an adversarial oral system similar to the one in the U.S.

I was asked to participate in a training program for the new court interpreters for the oral proceedings. I was told this curriculum was necessary for these interpreters to get ready to pass a (certification) test and get what Mexico’s legislation calls a court interpreter patent (same as the certification in the United States, or the licensing in Texas). I was asked to provide may documents and information, even to develop a prospective curriculum and bibliography for my portion of the training (8 hours a day, Monday through Friday for three weeks). The full program was supposed to have a duration of three months at the same pace, and it was to be taught on the campus of the largest college in that Mexican State (Mexico is divided in States just like the United States of America).

After months of negotiations, where I made many concessions regarding the money I would be paid, and my expense account during the three weeks I would be living in that city, and after agreeing to cover my own airfare, to get these young prospective court interpreters what they needed to have a successful and meaningful career, the government officials continued to ask for more documents and concessions, until I gave them an ultimatum. At the end the answer was the one I feared all along: They would not retain me for the program because I was too expensive, but also, because I was a foreigner. They decided that only locals could teach the program. I have no problem with the local talent, and I know some of the other instructors and I vouch for their skill and expertise. The thing that puzzled me was that out of all the instructors, I was the only one who was both: interpreter and attorney, and I was the only one with experience working as an interpreter in court. The decision from above, taken by people who know little, or nothing, about court interpreters, left the certification program for that Mexican State with no court experienced instructors.

In the present world where a college education for interpreters is still years away in many countries, interpreter certification programs play a huge role in advancing the career and protecting the user of the interpreting services. Society must know of these malicious self-serving “certification programs” that are roaming out there with no supervision or regulation. It is imperative that more colleagues get certified as court and healthcare interpreters in the countries, and languages, that the credential is offered. On June 1, of this year, my colleague Javier Castillo Jr. and I have prepared a four-day workshop to prepare those who will be taking the oral portion of the court interpreter federal exam in the United States at the University of North Carolina in Charlotte this summer. The workshop will also help those taking court interpreter oral exams at the State-level, as we will dissect the test, explain what matters to get a passing score, and will practice with tailor-made exercises designed for these workshops you will find nowhere else, so that when the four-day program ends, those who took the course can get a personalized evaluation and know exactly what to do to pass the test. (You can get more information by going to www.fciceprep.com)

As you can see, the road to professionalization is full of obstacles, and some need to be eliminated to get the needed recognition to those legitimate certifications. I now invite you to share with the rest of us your comments on this issue.

Interpreting depositions correctly.

March 27, 2017 § 17 Comments

Dear Colleagues:

Next to interpreting in a hearing, legal depositions are the most common professional service provided by court interpreters. They are in high demand, the field is full of potential direct clients, and they usually pay much better than an assignment by the court. With so many apparent advantages, the question that first comes to mind is: Why so many court interpreters do not pursue these assignments? And even among those who provide the service regularly, why is it that so few of our colleagues know what depositions are for, and how to correctly provide the service to ensure top accuracy and quality? Let’s see:

A deposition is the testimony of a witness taken orally (oral deposition) or in writing (interrogatories) outside open court, but in compliance with a court order or statute. It is a pretrial discovery device by which one party, through their attorney, ask oral questions of the other party or of a witness of the other party. It is conducted under oath or affirmation, without a judge, usually at the law office of one of the attorneys or at a court reporters’ office, and a word-for-word transcript is made. Interrogatories are answered in writing under oath or affirmation as well.

Depositions take place in both, criminal and civil proceedings and they are an extremely important part of the discovery process that takes place in an adversarial system, so that the attorneys of one party know what the counterpart or their witnesses will say during the trial. (Fed. R. Civil P.26 et seq.; Fed. R. Criminal P.15)

Oftentimes I run into colleagues who complain about “having to interpret” during a pretrial hearing “instead of interpreting during the trial”. My usual answer has to do with the importance of the pretrial motions and the discovery in general. I try to convey the concept that most cases are won or lost during the pretrial. Ascertaining the facts, excluding illegally obtained evidence, impeaching a witness based on statements made during a deposition, are invaluable as these legal actions and decisions determine what a jury will and will not hear at trial. A litigant exits the pretrial process with a strong winnable case or weakened by the discovery and pretrial motions argued before the judge.

Because of the importance and complexity of a deposition (and all pretrial actions and motions in general) it baffles me how extreme professional interpreting services can be at this stage of the process.

As depositions do not take place in the presence of the court, interpreting services for non-English speaking deponents are left to the professionalism, knowledge, and pocket of the attorney who represents the client. Because many attorneys seldom deal with foreign-language speakers, and for that reason know very little about interpreters and their services, they tend to seek the services of an agency, not for its quality or reputation, but because it was suggested by another colleague who had a case involving a non-English speaker in the past. For the most part the recommendation by the other attorney has to do with things such as: “they are cheap and they are quick”. Quality and experience are mentioned every once in a while.

We all know that, for the most part, there are no standards or policy regulating who can be an agency in the United States. This is an invitation to those with little to no interpreting knowledge to throw their hat in the ring and profit from this very popular professional service.

For the same reason: lack of basic quality standards, many paraprofessionals who unsuccessfully attempted to become certified court interpreters and failed, gravitate to this goose with the golden eggs where they will be on high demand by the above-mentioned ignorant agency owners who in turn will satisfy the requirements of the law office by providing interpreting services that are quick and cheap, regardless of their questionable quality.

But the landscape gets more complicated: For the same good reasons that bottom feeder agencies and paraprofessional interpreters are attracted to depositions, the best of the best in the world of legal interpreting participate in this market as well.

You see,  federal and state court systems retain the services of certified court interpreters, these professionals are for the most part better than non-certified, and from that point of view they are in demand. The problem is that the judiciary does not pay that well, with federal fees being half or less of what a conference interpreter makes, and under constraints of fixed fee schedules and budget cut limitations, the courts are less attractive to the very best in the profession. On the other hand, these top-notch court certified interpreters can negotiate with responsible and experienced law firms that value quality over rock bottom prices. This is the world of the direct client. Reputable agencies who handle big law firms and have a name to protect will also approach and retain these same high quality individuals. In fact, the field is so attractive that even interpreters from the highest caliber who usually do not work in the court system, and despite their vast experience and great skill have never pursued a court certification (but no doubt that candle these assignments because of their knowledge and capacity) provide interpreting services in depositions.

The result of all of the above circumstances and the participation of the wide range of individuals involved in this professional service is a reality where some depositions are interpreted at the highest possible level while at the same time many others are being butchered by paraprofessional interpreters, unscrupulous agencies, and careless lawyers. What a mess!

The good news is that, if they choose to do so, the best interpreters will be able to find good professional profitable clients whose clients will benefit immensely of a properly conducted discovery. The bad news is that many litigants, unaware of this reality, will trust the judgement of their advisers and end up with a defective interpreting service that most likely will impact the outcome of their case one way or another.

The solution to this problem, from the interpreters’ point of view, is relatively simple: stick to the good clients and ignore the bottom feeders. You do not need them, and they think they do not need you.

To me the biggest problem for the best interpreters who work depositions is, dear friends and colleagues, the alarming practice followed by so many of the top interpreters who accept to work alone in a deposition. Yes, I am referring to all of those who work solo, even when they provide services to the richest law firms in the world, including the work they do in very high-profile cases.

Team interpreting is a typical professional practice where two (or more) interpreters work as equal members of a team, rotating responsibilities at prearranged intervals and providing support and feedback to each other. This practice provides continuity and accuracy in the message transmission as it avoids fatigue and allows for word and concept checking during the rendition.

The National Association of Judiciary Interpreters and Translators of the United States (NAJIT) clearly spells out the function and the need for the second interpreter: “…The typical team is comprised of two interpreters who work in tandem, providing relief every 30 minutes. The interpreter engaged in delivering the interpretation at any given moment is called the active interpreter. His job is to interpret the court proceedings truly and accurately. The other interpreter is called the support interpreter. His job is to… (2) assist the active interpreter by looking up vocabulary, or acting as a second ear to confirm quickly spoken… 4) be available in case the active interpreter has an emergency; and (5) serve as an impartial language expert in the case of any challenge to interpretation…” (NAJIT Position paper Team Interpreting in the courtroom. Primary author: Andrew Erickson. 2007)

Scientific studies have shown that mental fatigue sets in after approximately 30 minutes of sustained simultaneous interpretation, resulting in a marked loss in accuracy. This is so regardless of how experienced or talented the interpreter may be. A 1998 study conducted at the École de Traduction et d’Interprétation at the University of Geneva, demonstrated the effects of interpreting over increasing periods of time. The conclusion of the study was that an interpreter’s own judgment of output quality becomes unreliable after increased time on task.  (Moser-Mercer, B., Kunzli, B., and Korac, M. 1998. “Prolonged turns in interpreting: Effects on quality, physiological and psychological stress.” University of Geneva, École de Traduction et d’Interprétation. Interpreting Vol. 3 (1), p. 47-64. John Benjamins Publishing Co.)

It is true that most reputable agencies and experienced law firms grant the solo interpreter, who is providing the services at the deposition, the choice to take as many breaks as needed. This is often the justification I hear from my colleagues as well.

I am glad that they get to rest their brain and voice every now and then, but it is not enough. There is no scientific conclusion as to how long the interpreter needs to rest before being back in optimum shape in order to continue the rendition with the same quality and at the same level as it was done at the beginning of the session. Obviously, the University of Geneva’s findings suggest that it takes about 30 minutes to get back to the top of your game.

I do not work under these “solo” conditions, but I could assure you that interpreters do not get a 30 minute break for every 30 minutes of service, and if they do, the attorneys would be better served by having a second interpreter actively interpreting during those 30 minutes. You see, it is a myth that having short breaks here and there will protect the interpreter and assure the quality of the service. This “solution” was developed to make everybody feel good even though nothing is really accomplished from the interpreter’s and the interpretation’s perspective. The only “positive” outcome of this solo work with “as many breaks as needed” has to do with the pocketbook of the law office and the profits of the agency. That is all.

But moving beyond that, there is a second, and equally important issue that goes unsolved without team interpreting.

Interpreting is a human task. It is extremely complex and delicate. Depositions present difficult situations that interpreters must solve in order to fulfill the ultimate purpose of the deposition: to ascertain the facts of the case, and to learn the unknown, to be able to ultimately prevail in court. In a deposition setting, interpreters need to understand and convey the message in two different languages, often spoken by individuals of different backgrounds, education, and willingness to disclose the truth. Interpreters need to find in their brain the appropriate scientific terminology, technical word, and regional expression that a deponent has used in the source language. The need to double-check a term, clarify an idiomatic expression, and research a concept are always present; In fact, they are the regular practice of the best interpreters who understand the relevance of the task at hand, and professionally look for the appropriate equivalency with the right syntax and grammar. This is not a job for one. Team interpreting allows the active interpreter to remain mentally fresh, while the support interpreter takes on other functions that would lead the active interpreter to cognitive overload.

For these reasons, it is universally accepted that team interpreting is the standard practice in courtrooms, conferences, international organizations, government events, and any other assignment that may last over 30 minutes. I only agree to do a deposition when I am working with a partner. My sense of professionalism, my reputation, my health, and my sanity, would not allow me to do anything else.

I invite you to stand up for what is right for you and for the profession. Just as you refuse to interpret a trial unless you have a partner, I encourage you to demand team interpreting in all depositions. It is only then that you will be living to the highest standards that a legal process requires. It is only then that you can unequivocally say that you did your best job at a deposition. Working solo, even if you take short breaks, will not relieve fatigue and it will not magically produce a support interpreter who will help you navigate the treacherous waters of legal interpreting.  I now invite you to share your thoughts on this extremely important issue and the terrible practice that permeates deposition interpreting.

Ignorance and negligence could kill a legendary interpreter program.

June 14, 2016 § 5 Comments

Dear Colleagues:

Humans are reluctant to think that something that was very good in the past could end up as something very bad. It goes against our idea of making things better, contrary to our concept of progress. Unfortunately, it is too often that a bad situation manifests itself right in front of our eyes. Just think of Venezuela; once the best economy in Latin America with a bright future ahead, and now a sad story of poverty, government corruption, and hunger, where millions of bright good people suffer the consequences of incompetent decisions.

The interpreting world has had its share of cases where a good situation turns bad. Today I will share with you a tragic story that, without prompt and able action, could become the Venezuela of the interpreting world.  First, a word of caution:  The story I am about to share with all of you depicts an intolerable situation in a certain region of the United States, and it directly impacts a relatively small segment of our professional community; Nevertheless, the conditions that gave birth to this tragic scenario could easily happen again anywhere in the world, perhaps in your area, maybe in your professional field. In fact, I am sure that this is happening in other regions of the planet.  It is for these reasons that I invite you to carefully read this story, so you can learn how to recognize the symptoms, and find a way to take action defending your profession before it is too late.

This story has to do with court interpreting in the United States.  Many of you already know that court interpreting is the most common interpreting practice in the United States. It has the most interpreters, and it is the only specialization that has its own legislation at the state and federal levels.

For American standards, compared to other types of interpreting, court interpreting has a “long history” of regulations and professional standards in the United States. It goes back to 1978 when the American federal government passed the Federal Court Interpreters Act which required that Spanish language interpreters passed a certification exam in order to qualify for work in the federal court system. Soon after, several individual states followed the example of the federal government, and developed their own legislation to test and certify Spanish language interpreters who were going to provide professional services in that particular state system.  The first state to set its own system was California in 1979, followed by New York, New Mexico, and New Jersey in the 1980s. These efforts culminated with the creation of the (now defunct) Consortium of States where a majority of the states came together, combined resources, and developed a test that served as the basis to certify those Spanish language interpreters who met the minimum requirements to work as professionals in a given state judicial system. After the creation of the Consortium, individual states developed certification tests in other languages to meet the needs of their specific areas.  New York and California did not participate in the Consortium of States, but New Mexico and New Jersey became the “gold standard” for court interpreter certification at the state-level in the U.S.

Due to its history and traditions, New Mexico became a pioneer and a national leader in all court interpreter matters: A founding state of the Consortium, New Mexico was the first state to allow non-English speakers, who were American citizens, as jurors at the state court level, actively participating in the trial process and jury deliberations with the assistance of a court interpreter. It also developed a very important professional community of Navajo court interpreters, and considered all court interpreting services as one profession, for the first time bringing to the table, at the same time, all spoken foreign language, Native American language, and Sign Language court interpreters.  Other major landmarks in the history of court interpreting in New Mexico include being one of the first states to require continuing education to keep the certification current, having a state supreme court justice as an active advocate of quality standards in court interpreting, and it became the sponsor of the largest annual court interpreter conference for a state of its size.  In other words, New Mexico took some of the biggest names in the interpreting and translation conference world to its state so that the local professionals could benefit of these trainings at a very low cost.  New Mexico was the “gold standard” for other states and the quality of its court interpreters was recognized throughout the country.  It was at this time, when things were going the right way, that two events changed the course of this court interpreter program, and pushed it to the edge of the cliff where it started its current freefall: There was a change of the guard at the helm of the state program, and the federal government exercised its muscle to compel the states to comply with the requirements of Title VI of the Civil Rights Act. Among them: the state’s obligation to give universal access to all services provided with federal funds, including all non-English speakers. All of a sudden, furnishing certified court interpreters in all criminal law cases was not enough anymore. New Mexico needed to offer interpreting services to all non-English speaking individuals who walked into a state government office.

The landscape changed. Due to his age and other personal reasons, the State Supreme Court Justice who had served the interpreting community as an advocate and unconditional ally for so many years, took a back seat and slowed down his pace; the person in charge of the administration of the state court interpreter program left, and even her very capable assistant of many years transferred to another government position. They were replaced by a newcomer with academic credentials but without court interpreting experience, and lacking the knowledge necessary to meet the linguistic and cultural needs of such a complex population and professional interpreter community.

The changes started almost immediately. Some of them were noticeable right away, others did not show their head in plain sight until many months later. The state government officials’ attitude towards the interpreters changed radically.  From the head of the Administrative Office of the New Mexico State Courts, to the language access services statewide manager, to the rookie judge (not a Supreme Court Justice anymore) who now actively participated in all interpreter issues that had to do with an entity created by the state called the New Mexico Language Access Advisory Committee; policy, attitudes, and decisions began to change.  There would be no annual conference anymore; the conditions that interpreters had been working under for many years would be reevaluated to cut as much as possible; the cordial and professional relationship, based on mutual respect, that had existed for decades between the interpreting community and the state would now be replaced by a tough attitude where the difference in size and power would be clearly exercised by the big guy in the contractual relationship, now very willing to show its muscle in the event of a minor dissidence or difference of opinion; and the Civil Rights Act’s Title VI requirements would be portrayed as fulfilled by creating a less expensive sub-par category of paraprofessional quasi-interpreters, instead of fostering and promoting the growth of the interpreter profession, thus meeting the minimum standards of the Civil Rights Act mandate, which of course, would require more funds and a greater effort on the part of the state, including, but not limited to, the Administrative Office of the Courts’ active participation in the preparation of a budget to be presented to the state legislature where fulfilling the true mandate of Title VI of the Civil Rights Act would be a top priority for the judiciary, whose only reason to exist as part of the government, is to guarantee an administration of justice inclusive of all citizens of the state.  Of course, this would demand a different attitude by the state, with a judiciary willing to battle the legislature, and go to the United States Justice Department to denounce the State Legislature whenever it was not addressing the equal access to justice mandate. A very different attitude, especially when compared to… perhaps securing judges and bureaucrats’ salaries and then throwing everybody else under the bus.

I have been told by many interpreters in New Mexico that since the time this change of priorities took place, the state has switched interpreters’ minimum guaranteed periods of work, it has changed its travel policy to pay less to the interpreters, there have been attempts to include as part of the original contract, attachments that fundamentally change essential parts of the interpreters’ contracts after these agreements have been executed already; I have listened to stories of interpreters been disrespected at Language Access Advisory Committee meetings; the story of an interpreter whose certification was revoked for no reason, who later won a legal case to get the certification reinstated, but has been isolated by the state officials who have never let this person work in the court system again.  I have seen the abysmal difference between the quality of a certified court interpreter’s rendition, and the mediocre paraprofessional services provided by the so called “justice system interpreters”, and I have listened to the American Sign Language Interpreters who share the same concerns as their spoken language counterparts regarding the quality of video remote interpreting, and more importantly, the level of interpreting skills of those who may provide the service from out of state, perhaps without a New Mexico or federal court interpreter certification.  It is possible that the State of New Mexico has designed a strategy to justify its actions. Even though what they are doing is legal, and I am in no way suggesting that the state has violated any law; it is still wrong for the profession, wrong for the interpreters, and bad for the non-English speakers who need a professional certified court interpreter to protect their life, freedom, or assets

I know that many of our colleagues in New Mexico are fighting a very important battle to protect the profession and the true professional interpreter; many have retained an attorney to represent them before the everyday more aggressive attitude of the state officials, and many of them are refusing to sign a contract with the state, unless and until, the minimum professional work conditions that they are requesting, and constitute the minimum standards everywhere else in the civilized world, are met by New Mexico. Just like we did last year when we, as a professional community, backed up the efforts by our immigration court interpreter colleagues in the United States until SOSi agreed to better their fees and basic working conditions, let’s all be one once again and support our colleagues in New Mexico.

Finally, to our colleagues in New Mexico, I encourage you to talk to the State Bar and make all attorneys in New Mexico aware of the fact that the state is on the brink of destroying that tradition that made New Mexico the “gold standard” of court interpreting at the state-level in the United States.  Submit articles to the New Mexico Bar Bulletin for publication, even this piece. I could almost assure you that many lawyers are not even aware of the abysmal difference between real certified court interpreters and the individuals the state is furnishing for so many of their court appearances.  Make sure that your voice is loud all over the state.  I now invite you all to share your comments about this situation and many other similar scenarios in the United States and many other countries.

Are we protecting our profession? Part 2.

April 5, 2016 § 12 Comments

Dear Colleagues:

On the first part of this entry we discussed the role that professional associations should play on the face of antitrust legislation and its adverse effect on our profession.  Today we will explore another crucial aspect of the profession that has been under siege for several years; and if some external forces have their way, it could set the profession back to the Stone Age.  I am referring to the very popular tendency to minimize the importance of interpreter and translator professional licenses, certifications or patents and the acceptance, and in some cases even blessing, of lesser quality paraprofessionals as the preferred providers of services by many government entities and multinational interpreting and translation corporations who make the decision to hire these individuals, who are unfit to practice the profession, based to the extremely low fee that they command.

It took interpreters and translators many decades of constant struggle to get to the point that their accreditations became widely known and accepted as the standard of quality among those providing the service.  Finally, holding an American Translators Association certification, or proof of many years of experience,  gave the real professional translator the needed tool to argue that she should get the job over the individual whose only credentials were the translation of his parents’ birth certificates and a couple of elementary school reports.  The days when a real professional interpreter would lose an assignment to a person whose only linguistic experience was that he had lived in two different countries during his life, became less common when true professionals started to demand top assignments with their interpreter degrees, or their court, or healthcare certifications in hand.  There was a lot to be done, but interpreters and translators were on their way to educate more prospective clients and government officials every day.  People began to notice the difference on the quality of the service rendered by a real certified interpreter or translator.

But, since nothing can come to the interpreting and translation world without drama and tragedy, technological developments such as CAT tools and telephone/VR interpreting came to be. This should have been a welcome development that benefited interpreters and translators; however, this new technology, combined with a global economy where big corporations seek profit by bastardizing a real profession and turning it into an assembly line, and changing its name from profession to “industry”, injected a new player to our eternal drama:  the opportunist, also known as the “new talent scout” whose sole function was to undermine established professions, like ours, and replace quality professionals with cheap novice paraprofessionals who see this individuals as their ticket out of the flipping burgers world.

Compounding the problem in the United States, there was a new administration in the White House, whose attorney general was determined to compel the state-level agencies who were recipients of federal funds, to provide access to their services for everybody, regardless of the language they spoke. This in itself sounds very good and fair, and in fact it was not just the right thing to do by the administration, it was long due as this mandate had been part of the law since the mid-sixties when Title VI of the Civil Rights Act was enacted.  In fact, to an interpreter or translator who did not know the reality of the American system this would look like a pot of gold. All of a sudden millions of people who needed interpreting and translation services were going to get them! Unfortunately, reality and a short-sighted government opted for the easy way out, a path that was doomed from the beginning. Let me explain: This instantaneous demand for many more interpreters and translators exceeded by far the supply of professionals in the United States, and to meet the mandate, the states decided to enable just about any almost-bilingual individual, to provide translation and interpreting services, instead of promoting more college programs and encouraging American citizens and permanent residents to prepare themselves, and become true professional interpreter and translators, who would have access to professionally remunerated work due to the implementation of this legislation.

When the opportunists, also known as the “new talent scouts” realized what was going on, they immediately saw the possibility for huge profits by providing the required services with tons of these paraprofessionals, who they immediately hired at rock bottom fees.  Moreover, they saw the possibility of making their margins even bigger by using machine translation and retaining humans as proofreaders, and by providing interpreting services by telephone, and lately by video remote interpreting or VRI in some cases, while hiring these new “type” of “interpreters” by the minute (or if they are lucky by the hour).

Government officials liked the solution, but they still had one more obstacle that was keeping them from going all the way with these multinational corporations operated by the opportunists, also known as the “new talent scouts”, who by now were active in social media, writing their own blogs, and organizing their own conferences to build themselves up like interpreting and translation “self-proclaimed gurus”. That obstacle was the certification.

The certification, that extremely difficult and elusive project that took real interpreters and translators several generations to create, and then make known and widely respected, was by now a requirement in the law.  It was obvious that the new paraprofessionals would never pass a certification exam, so the government officials and their “associates” had to think fast, and cheap.

The solution they came up with was the creation of a “second class” tier of people who they call “language facilitators”, “justice-system interpreters”, and many other labels, avoiding this way the uncomfortable, and perhaps illegal alternative of referring to them as translators or interpreters, who, in lieu of a real certification, would be “accredited”, “registered” and many similar names.  Now they argue that these individuals can provide the professional service as long as the content is not too difficult or the event is not very important!

Finally, to end the vicious circle, some of our opportunistic “friends”, also known as the “new talent scouts”, realized that with government officials willing to do whatever possible to go around the true mandate of Title VI, which would require them to use certified, experienced, professionally trained interpreters and translators, they could get another piece of the pie by pulling a rabbit out of a hat, and creating a mutant creature they would call: “community interpreter certification”.

The principle is very simple: What do you do when you have a group of people who cannot pass the interpreter certification exam? You develop another program with an exam easy enough for anybody to pass, and you propose it to the authorities as a legitimate certification for court cases before administrative judges, for client-attorney interviews, and for simple medical events. Do you see the pattern? Once again we have the not-so serious event and the not-so difficult content rationale to justify the use of mediocre individuals, who have only one advantage over the real professional, experienced, certified interpreters and translators: They will work for peanuts; because whatever they get paid will be better than the money they were making before they got “discovered” by the talent agent.  Never mind the fact that administrative law hearings are as complex as Article Three court hearings as I have indicated on a previous entry to this blog a few months ago.

The situation turned for the worse when the implementation of Title VI at the state-level civil courts in the United States was narrowly interpreted by many of their administrative offices, as meaning that only interpreters supplied through the judiciary could provide services in civil matters. This actually killed the main source of income to many entrepreneurial interpreters who had opted out of the bureaucratic, low-paying criminal court assignments, and had developed their own client-base, charging for their services according to supply and demand. Oftentimes, because of the complexity of civil litigation, and because of their type of clients, these interpreters fared much better than their counterparts who stayed on the criminal court bandwagon.  Title VI guarantees equal access to all government funded services, including the administration of justice, but it does not make it illegal for litigants who want to, and can afford it, to hire private interpreters.  In my opinion, this is a classic example of a situation where professional associations needed to protect their individual members, and the profession, by advocating for the availability of private interpreters to be retained for civil litigation.  Unfortunately, instead of taking action, our biggest professional association in the United States not just sat on the sidelines, but welcomed the new “civil court-provided interpreter system”, and remained silent when some states decided to meet the requirements of Title VI by hiring big “interpreting services” agencies (who view our profession as an industry) to program the interpreters for civil cases.

To summarize the situation, we now have an environment fostered by the government authorities, and exploited by the multinational interpreting and translation corporations, plus some small “local talent” that was able to learn fast how to do this thing, where certifications and education do not matter anymore, where assignments are going to questionable paraprofessionals, many of whom have never been able to pass a certification exam, who are working under terrible conditions, in exchange for a miserable fee.  The first logical reaction of any interpreter or translator should be one of outrage, disgust, frustration. The second reaction should be to talk to its professional association and ask it to represent its members and protect them from these nefarious tendencies, thus saving the integrity of the profession.

Attorney and medical associations are vigilant and protective of their members and profession. They do not allow, under any circumstance that paraprofessionals practice law or medicine. In fact, attorney associations set the standards of practice in their profession. No agency or its equivalent is allowed to set the tone.  They have lobbied for, and achieved legal protection: In the United States it is a crime to practice law without a license, and this applies to all court proceedings, including administrative courts.

Unfortunately, this is not the case with some of the bigger translator and interpreter associations.  They keep silent when the government creates these groups of paraprofessionals to “meet” the requirements of Title VI. They invite those who are turning translators into proof readers to their conferences to recruit more of the young talent before they learn to separate good from evil; Instead of protesting, criticizing and denouncing the birth of that Frankenstein’s monster called “community interpreting certification”, they celebrate the lowering of the bar and open wide their organizations’ doors for these paraprofessionals.

Moreover, they welcome as their members many of these multinational corporations, “self-proclaimed” gurus, and opportunists, also known as the “new talent scouts”. Maybe they do so because they do not know of all these terrible things that are happening to the profession. Maybe they let them in because they share their view of interpreting and translation not as the professions they always were, but as industries where the proofreader (formerly known as translator) and the part-time telephone operator (formerly known as interpreter) will happily hold hands at the assembly line and praise the virtues of the big “language” corporations. The question is, what are professional associations for? I now invite you to share your comments about this reality we are living pretty much around the world, and to offer your solutions to the role that a professional association should play in the world of interpreting and translating.

Low-cost interpreter factories.

June 23, 2015 § 15 Comments

Dear Colleagues:

It seems like every time I open my mailbox, see a tweet, or read a professional publication, I see new advertisement for all these interpreter courses, interpreter certifications, interpreter great opportunities, and so on.  There are many government entities, multinational agencies, professional associations, and “professional trainers” who have discovered a new business: create interpreters from nothing!

Let’s see: Just a few years ago Spanish language court interpreters in the United States could only be certified by the United States Administrative Office of the Courts (federal) or by the Administrative Office of the Courts of a state member of what was called the consortium. These credentials were widely known and recognized. Everybody knew what was behind them: a federal certification was more than a state-level certification, and then… there were the non-certified individuals who were precluded from working in the court system, and in those cases when they were used by the government, they were ushered in through the back door because they all knew that they were doing something that should be kept “confidential”.

Well, the enforcement of Title VI of the Civil Rights Act became a reality for all state courts so the Consortium was no more, it has now been replaced by the Council of Language Access Coordinators (CLAC) and now, in order to keep those federal funds coming, the states have devised a clever plan to circumvent the court certification requirement which would be the thing to do according to law, but very expensive, so they have created this new “category” of people who  cannot pass the certification test, but are allowed to work in court, entering through the front door,  called “qualified”, “conditionally qualified” and other versions of the same thing: an unqualified individual doing a job that is federally mandated and requires of certification.  Yes, it is easier, and cheaper, to mass produce these individuals who, in my opinion, are trained to do a job that does not exist, and pays lower than a professional certified interpreter would work for.  These individuals are now produced in “programs” developed by some states with the help of opportunist community colleges and “professional trainers” who see fit to create a program and go through the motions in order to deliver these paraprofessionals.

But this was not enough. The developments above showed the way to another lucrative business: the development of another category of interpreter who would be called “community interpreter” but would provide services in legal arenas where the court proceedings are of Article One of the U.S. Constitution: Administrative Courts. The reason for this new category, according to those who are now benefiting from its implementation: To fill in the gap in the legal system that was not been serviced by certified court interpreters.  The real motivation: That these courts and their proceedings are not covered by the court interpreter legislation, so there was a great opportunity for agencies to jump in, “certify” their people, and cover the hearings while paying these para-interpreters very little money.  Again, the “certification” programs (sometimes called “diploma” programs) have been developed by individuals who saw the opportunity to make money. There is no official oversight nor legal authority for the existence of these “community interpreters”. The only thing that is clear is that court proceedings in administrative courts are as important and complex as the ones heard in Article 3 courts. This is why, to be able to appear before administrative law judges, attorneys have to pass the same bar exam and be members in good standing of their state bar. No lesser requirements for attorneys, but non-existent requirements for interpreters. Obviously, there is a lot of money to be made in a service where the interpreter pay is so bad that no real self-respecting interpreter would get involved.

Then we have the professional associations and multinational agencies that offer their own “certifications” “qualifications” or whatever they chose to call them, to those left-overs who cannot work anywhere else and have to settle for a quick course online, a 15-minute exam online, and a dismal pay in exchange for telephonic or live interpreting at medical offices, school classrooms, community meetings, and the likes.  I do not blame those who are providing what in my opinion are questionable services, they are taking advantage of a void in the legal system and a weak group of interpreters who do not fight for their profession, reputation, betterment, and income. The blame is on the authorities who chose not to fix the situation and foster the spread of these “interpreter factories” all over; on the ignorant clients who buy the Brooklyn Bridge every time the agency sells it to them, and on the self-respect and ambition lacking so-called interpreters who enable the system to continue, instead of studying to better themselves as real conference, court, healthcare, or community interpreters.

We as professional interpreters need to protect our profession, we need to watch over our future, and we need to stop this do-nothing attitude and stand up, educate our clients, better ourselves, join real professional associations that work for the interpreters and not against them, and embracing the new technology, explain to the client that, compared to those I mentioned above, we represent quality, and many times savings, as we work without the middle man, the only actor who is not necessary in this play.   There are some good agencies, trainers, and professional associations out there, unfortunately, most of them become known to the interpreters once they reach certain level within the profession. It is our job, and responsibility, to point the new colleagues in the right direction.  Please feel free to share your comments with the rest of us, but please abstain from coming here to defend the entities I wrote about. They have plenty of forums where to make their case.

This time of the year could be very dangerous for some court interpreters.

April 27, 2015 § 6 Comments

Dear Colleagues:

I just read a contract that one of the States in the U.S. is asking all court interpreters to sign if they want to continue to work in their system. The document is 38 pages long and it is full of legal terminology, rules, and sanctions that only an attorney can understand.  This is not an isolated case. Because of political pressure and budgetary prioritization, court interpreter programs are getting less money from their administrative offices at the state level. In other words: There is hardly any money to pay for interpreting services at the state level in many states.

Although the Civil Rights Act is over fifty years old, it was only a few years ago that the federal government decided to enforce its compliance at the state level in the case of equal access to the administration of justice, regardless of the language spoken by the user of the service.  When the federal government came knocking on the door of each of the fifty states, and told their state judiciary to comply with the law or lose the funds they had been getting from the feds, states started to look for a solution to this problem. In reality, up to that moment, the states were complying with the constitutional requirement to provide court interpreters in criminal cases, but in many states there were no court-funded court interpreters available for civil cases and other additional services offered by the courts to the English-speaking population.  The message from Washington, D.C. was loud and clear: In order to continue to receive (much needed) federal funds, the states had to provide interpreters for all services they offered, not just criminal cases.

In some parts of the country the first problem was as simple as this: There were not enough certified court interpreters to meet the legal requirements; in other regions the problem was slightly different: There were plenty of certified interpreters, but the courts were not willing to pay the professional fees commanded by these (for the most part) top-notch interpreters in that state.  These professionals had been there for years, but due to the low fees paid by the state court system, they were not even considering the state judiciary as a prospective client.

When faced with this dilemma, a logical and ethical option should have been to develop a program to encourage more young people to become certified court interpreters, train them, and then test them to see if they could meet the state-level certification requirements, set years before and universally accepted as the minimum requirements to do a decent court interpreting job.  Some states’ needs could be met this way, but not all of them. For that reason, a second logical step would have been to raise the professional fees paid to court interpreters in order to entice those top-notch interpreters, who were not working for the courts, by making the assignment profitable and attractive. Finally, for those places where this was not enough, state courts could have used modern technology and provide interpreting services by video or teleconference. Administrative offices had to develop a plan, categorize the services offered and decide which ones required of an experienced certified court interpreter, find the ones that a brand new certified court interpreter could provide, and select those instances that, because of their nature and relevance, could be covered remotely by a certified court interpreter elsewhere in the state or even somewhere else.  This process also needed that state court judges and officials acted within the constitutional system and asked their respective legislatures for the funds to comply with the federal mandate.  It is doubtful that legislatures would risk losing federal funds by not approving such monies; and in those cases where the local legislators would not grant more funds, state court administrators and chief judges needed to do their job, and truly provide equal access to justice to all by reorganizing priorities, and perhaps sacrificing some programs, even those that were near and dear to a judge’s heart, in order to find the funds needed to meet this priority that is above most others, not just because of the federal funds that the state would lose in the event of non-compliance, but because those in charge of the judiciary should consider equal access to justice a top priority, and I really mean at the very top.

Unfortunately, my dear friends and colleagues, most states chose an easier way, even though it did not deliver what the Civil Rights Act intended.  They decided not to rock the boat with the legislature and play it safe, they decided not to make true equal access to justice a priority by recruiting and training quality certified court interpreters, instead, they opted for ignoring the excellent professionals in their area by not raising interpreter fees, thus making the assignments profitable to professional interpreters. They decided to come up with a “plan” to keep the federal money in their accounts by making believe that they were complying with the federal mandate of equal access to justice. This is what many of the states decided to do:

Instead of recruiting and training new certified court interpreters, they decided to create a group of paraprofessionals who would “deliver” interpreting services. These individuals were drafted from the ranks of those who had always failed the certification exams, and by recruiting bilingual individuals with no interpreting knowledge whatsoever. States justified their decision by arguing that these individuals would receive the necessary “training” to interpret in certain scenarios of lesser importance, where people who had partially passed the certification test would be considered as professionally qualified (semantics vary from state to state but it is basically the same) even though in the real world they should be deemed as unfit to do the job. Moreover, bilinguals would be trained to “assist” non-English speakers with some administrative matters in the courthouse. Of course, this brilliant decision would set the profession back to the good old days when prevailing judicial culture was that knowing two languages was all you needed to interpret in court; but that was of little importance when balanced against the possibility of cancelling a court program that was politically useful to a judge or an administrator.  This is how the “warm body next to the court services user so we don’t lose federal funds” theory was born.  The spirit of the law was ignored.

There is as much quality and true access to the administration of justice when a person who failed the court interpreter certification test, or a bilingual court staffer, interprets for a non-English speaker individual as there is medical knowledge when the guy who failed the medical board sees a hospital patient, even if the appointment is to take care of an ingrowing toenail.

Of course, the process above taught court administrators a valuable lesson: court interpreting services was a good place to save money, a wonderful way to channel budget resources somewhere else, and a great way to avoid antagonizing the state legislature, because there would be no need to ask for more money to fund the program.  This was the origin of the next step backwards: Fee reduction.

Court administrators did not stop here. They now knew that they could get away with more, so they decided to lower interpreter fees. In most cases the reduction did not come as a lowering of the fee itself; it was accomplished by cutting guaranteed hours, reducing mileage and travel reimbursement, changing cancellation policy, and by creating a new bureaucratic machinery designed to oversee what interpreters do minute-by-minute. Maybe it should be referred to as “to spy” instead of to “oversee”.

Fast forward to today, and you will find these huge interpreting services contracts in many states. The reason for them is not that court interpreters all of a sudden went bad and stopped doing the good work that they did for decades; these contracts are motivated by more reductions to the interpreters’ fees and by developing this super-protection for the state, leaving the freelancer with little or no defense before potential abuse by the court administrators.  What other justification can these state contracts have when the federal court interpreter contract is a very short agreement, which usually does not change from one fiscal year to the next, and is drafted and developed individually by every federal judicial district?

These state contracts that court interpreters are expected to sign without the slightest objection, have been drafted by the administrative office of the courts’ legal departments; they have been amended to include any possible ways to reduce the interpreters’ real fee that the states missed when drafting last year’s contract, they include sanctions to interpreters who do not comply with sometimes ridiculous duties, without setting any process of notice and hearing; they are written in a complex style full of legal terms and ambiguity that only an attorney can understand.

I am very fortunate that I do not need to sign one of these contracts, as state courts have not been my clients for several years; but it concerns me, as a defender of our profession, that my colleagues may sign these documents out of fear or hopelessness.  I invite all those court interpreters who have been, or will be asked to sign one of these agreements in the next few months, before the new fiscal year starts in July, to seek legal representation. It is your professional career, it is your future. I believe that state (and national) level professional associations should negotiate a deal with a labor relations or civil law attorney, where services would be provided at a lower fee, and offer it as a benefit to their members. In fact, I would like to see all interpreters who are members of a state or regional professional association present a common front and negotiate these contracts with the state administrator.  As state court interpreters we need protection, because if we do not act, we will continue to move backwards. They already told many of us that there is no money and they blamed it on the state legislature, now we know that perhaps they did not try to protect the interpreter program no matter what.

They are paying you less, making your work conditions very uncomfortable, they already took some of our work away and gave it to mediocre cheaper paraprofessionals.  All professionals negotiate the terms of a contract, and before they reach an agreement, they have the benefit of legal representation. The administrative office of the courts is represented by their attorneys; interpreters, like all professionals, should at least be represented by an attorney before they sign a new agreement. I now ask you to comment on this situation and the ways to recover what we had already achieved in the past, so we can move forward, and for the first time fully comply with Title VI of the Civil Rights Act.

As interpreters we want new technology, but we need to be very careful.

March 19, 2015 § 4 Comments

Dear Colleagues:

Imagine that you just received a phone call from a very prestigious organization that wants to hire you to interpret a conference in Tokyo next Friday, Saturday, and Sunday. The subject matter is very interesting and the fee is extraordinaire. For a moment you stop to take it all in, smile, take a deep breath, and then it suddenly hits you: You have to decline the assignment because a few minutes earlier you took another job with your most consistent, best-paying client who retained you to interpret a conference on Tuesday, Wednesday, and Thursday of the same week in Chicago. You hang up the phone and wonder why this is happening to you once again. Why do all good assignments have to be so close in time and so far in space from each other?  I am sure the scenario sounds familiar to all of you, because at one time or another, we all face these situations and are forced to make choices. It is obvious that you have to fulfill your contractual obligation to the client who has hired you to interpret in Chicago from Tuesday to Thursday. It is also evident that you needed to turn down the Tokyo assignment because it would take you a full day of nothing but traveling to get to Japan from the United States. Even with the time change you do not have that extra day needed to travel, because, assuming that you make it to Tokyo on Friday afternoon, by the time you get from Narita Airport to the conference venue, it will be too late; never mind the fact that you would be exhausted and in no shape to work three full days at the conference without any rest or time to adjust to the time change.  The events and places may be different, but until recently, that has been the story of our professional lives.  Every time you think of these missed opportunities you fantasize about doing both events.

What if I tell you that you can do both conferences without changing any dates, and therefore, keeping both clients happy and doubling your income?  It is possible! In fact, I have done it myself.

On Tuesday morning you wake up in Chicago, go to the event venue and do your job. The same thing happens on Wednesday and Thursday. Then, very early on Friday morning, because of the time change, you either go to a local studio in Chicago, or sit in front of your computer at home, and do a remote interpretation of the event in Tokyo. Afterwards, because you will be exhausted, you go home and rest until the following early morning when you will remotely interpret again. You do the same for three days.

The result of this technological advantage is that you can do something that until recently was impossible.  This is a wonderful example of how technology can help the interpreter.  You will make twice as much money that week, because you will work two full conferences, you will not have “dead time” while traveling to and from the venue (usually the day before and the day after the event, and sometimes even longer) and you will keep all your clients happy because you took care of them all. Remember, they wanted you to do the job, not just any interpreter.  At the same time the client in Tokyo in this case, ends up a winner, because they didn’t just hire the ideal interpreter for the job, they also spent less money to get you. Yes, my friends and colleagues, the organizers will save money because they will not have to pay for your travel expenses and they will not need to pay you a professional fee for the traveling days (usually at least half of your full-day fee). Everybody wins! As interpreters, we love this kind of technology that helps everybody. You make more money because of the two separate assignments that you will cover, and the organizers will save money as I highlighted above.

We as interpreters want new technology in our professional lives. We cannot deny the benefit of having an interpreter providing services in a remote hospital’s emergency room while she is physically hundreds of miles away from the patient. We cannot argue with the advantage of being able to interpret a trade negotiation between two or more parties who are virtually sitting at the same table even though they are physically in another part of the planet. We cannot ignore the positive outcome of a legal investigation when the investigator can interview a witness in a foreign country while the interpreter is here at home saving the client time and money.

That is the bright side of what is happening right now. Unfortunately, there is also a dark side that we as interpreters have to guard against.

It is a reality that this new technology costs money. It is not cheap, and for the most part, the ones who can afford it, at least on a bigger scale, are the huge multinational language service providers who have recognized all the advantages mentioned above, but for whatever reason, instead of fostering a professional environment where my example above can become the rule instead of the exception, they have seen the new technology as a way to increase their earnings by lowering the professional fees they pay to the interpreters.

It is of great concern to see how some professional interpreter organizations have been infiltrated by these multinational language service providers. It is discouraging to look at a conference program and realize how these entities are paying for everything the interpreter will hear or see at the event.  These agencies turn into big corporate sponsors and attend the event with a goal of recruiting as many interpreters as possible, for the smallest amount of money that they can convince them to accept.  Just a few weeks ago during a panel discussion at an interpreter conference in the United States, the association invited the CEO of one of these multinational language service providers to moderate the debate, and for that matter, to decide what questions were going to be asked.  This individual is not even an interpreter. The real tragedy is that this is not an isolated case, there have been other events, and there are others already planned where the gigantic presence of these conglomerates creates, at the very least, the impression that they decide everything that will be happening at the conference.

As professional interpreters we must be vigilant and alert. Some of these corporations are now propagating on the internet a new strategy where these entities are separating themselves from the machine translation “reputation” by making it clear, to those naïve interpreters who want to listen, that the technology they are using is not to replace the human interpreter, that it is to help interpreters do their job; part of the argument states that thanks to this new technology, interpreters will not need to leave home to do their job, that they will not need to “waste” time going to work or waiting, sometimes for a long time, to interpret a case at the hospital or the courtroom. They argue that thanks to this technology, interpreters will only spend a few minutes interpreting, leaving them free to do whatever they want to do with the rest of their time. Of course, you need to dig deeper to see that they are really saying that with the new technology, they will only pay the interpreter for the services rendered by the minute. In other words, their interpretation of the technological developments is that they can save money, but the interpreter is not invited to the party. My example at the beginning of this post is not an option for most of these multinational language service providers.  This is what we have to guard against so that we do not end up making money for 20 minutes of interpreting a day.

Obviously, as you all know, these minute-based fees are ridiculously low, and therefore unappealing to good interpreters. The agencies are ready for this contingency as well. After the exodus of good interpreters, they will continue to advertise their services as provided by “top quality interpreters” because they will mask the lack of professional talent with their state-of-the-art technology. That is where we, as the real professional interpreters, need to educate the consumer, our client, so they see the difference between a good professional interpreter and a paraprofessional who is willing to work for a little more than the minimum wage.  These “mass-produced” so-called interpreter services will be the equivalent of a hamburger at a fast food restaurant: mass-produced, frozen, tasteless, odorless, and cheap.  We all need to point this out to the world, even those of us who never work for these multinational service providers, because unless we do so, they will grow and reproduce, and sooner or later they will show up in your market or field of practice.  Remember, they have a right to be in business and make a profit for their shareholders, but we also have a right to fight for our share of the market by giving the necessary tools to the consumers (our clients) so they can decide what kind of a meal they want to serve at their business table.  I invite you to share your opinion on this very serious issue with the rest of us.

Excuse me, interpreting is a professional service. Got it?

March 5, 2015 § 17 Comments

Dear colleagues:

My work takes me to many different places, and my determination to stay on top of everything that happens in the world of interpreting and translating motivates me to read everything I can if it involves our profession. Traveling, talking to friends and colleagues, reading what many of you post on social media, and my own professional experience, keep me aware of some of the most important things that are happening out there; unfortunately, an issue that never seems to go away is the client-interpreter relationship and how so many colleagues give in to the clients’ conditions, even when they are wrong and unfair.

Some of us have spent years fighting for the “professionalization” of our craft; for interpreting services to be recognized for what they are: a professional service provided by a professional: the interpreter. For too long we have rejected all efforts by others to classify us as non-professionals, suggesting that bilingualism and a high school diploma are sufficient credentials to be regarded as a professional interpreter. Every day we are involved in a constant struggle against those who pretend to pay a lower rate and offer substandard working conditions under the rationale that, although a difficult job, interpreting is not a professional activity and should not be compared to the medical or legal practice.

It is a time-consuming, energy-draining effort, but we are winning the battle. The bad news is that we should be way ahead of the place where we find ourselves as a profession right at this moment, but for the interpreters who give in and happily welcome already discredited working conditions and obscenely low fees. This is, my dear colleagues, the biggest obstacle we have to confront all the time. The reality is that some of our very own colleagues have turned into the worst enemies of our profession.

I have heard statements from some colleagues such as: “…(the agency) pays very low rates to the interpreter, but their clients are high-end, so I love working for them…” or this one: “…Yes, they pay a miserable rate, but at least they give me work when I need it…” and how about this: “…yes, they (the agency) pay very little and it always takes a long time to get the check, but (the person who books the assignments) is such a wonderful lady, so I work for them all the time…”

I am sure that you are shocked but not surprised. We have seen this everywhere, again and again.

When I read the statements above, and many other similar remarks, it is clear to me that not all interpreters are the same. I am not talking about good or bad interpreters, I am not referring to rookies or veterans either. I am talking about professional interpreters and their nemesis: the paraprofessional.

Everywhere, and certainly in every field of interpreting (with the exception of military interpreting because of its very specific characteristics as a profession) we find dedicated, devoted, responsible individuals who make a living from interpreting. Sometimes they will have a formal education, some others may have an empirical formation, but they all have this in common: Their income derives from the practice of their profession. Some may decide to look for an employment position in the government, an international organization, or a private company; others may opt for the freedom of action offered by an independent practice as a freelancer. It does not matter, they all approach their job as a profession, provide a professional service, and demand fees and conditions consistent with a professional service.

Then we have a second group: the bilingual individual who knows the basic aspects of the profession, in many cases formally educated and well-traveled, who never really wanted to be an interpreter, but “landed” in the profession. Many of the members of this second group, but not all, approach interpreting as a pastime, oftentimes they are not the main source of income in their household, and the money they make from interpreting is spending money that they use to buy shoes, clothes, or the latest technology gadget. This men and women find in the world of interpreting nothing other than an antidote to their boredom. In many cases becoming an interpreter was suggested to them by somebody else who saw how bored they were. These are the former housewives and househusbands who got tired of watching TV at home and decided to do something with their time. Making money is not one of their priorities, staying busy is their main goal. The interpreters in this group have no intention to study or practice to move up in the profession. They just want to keep a cozy place where to spend their free time. This is the group that I call the paraprofessionals.

But not all of the paraprofessionals fit the description above. There are some who really need to work to support themselves and their families, they found interpreting “by accident” and to them, a low fee for their interpreting services, regardless of how low it is, will always be better than the minimal wage job they were doing before they realized that they could make money from being bilingual. These individuals will never consider themselves professionals and their strategy and approach to all assignments will be that of a laborer. A depressing thought is that even some people with academic credentials will gravitate to this group instead of acting as one of the professionals because of fear. There are afraid of being blacklisted by the draconian entity whom they get most of their work from because they think that working every day, even when you work for breadcrumbs, is better that working less, even when you make more.

It is this group of paraprofessionals who accept rock bottom fees and work under deplorable conditions (solo interpreting, no equipment, no travel time, etc.) that will continue to undermine our accomplishments as a profession. There is no easy solution to the present predicament because the goals of the groups are so far apart. While the professional interpreters want to be treated like the professionals they are, the paraprofessionals are willing to accept any conditions as long as they keep busy; some of them just to have something to do, others because they think they are making good money. All I can suggest, and continue to do myself, is to educate the client about the difference between the services by a professional and the interpreting that a paraprofessional does.

You will never convince all clients, but the good ones, those that you want to keep, will understand sooner or later, and they will bid farewell to the paraprofessional group. We should also try to convince the “hobby-interpreters” that they are hurting the profession and they should act more professionally (good luck with that because there is no incentive for them to reject the sorry conditions they are accepting right now) and will definitely need to spend time with the “accidental-interpreters” and the “fearful-interpreters” until we convince them that it is in their best interest to professionalize their service and appearance. Because there are incentives for this group to change, some of them will eventually cross the lines and enter the world of professionals. The main thing is, for us, the professional interpreters, to never give up or give in. To continue to forge ahead for the recognition of our profession, and for the betterment of the working conditions of all professional interpreters. Remember: There will always be good and bad clients; we just need to look for the good ones and be treated like professionals.

I now invite you to share any ideas or thoughts about other options to end, or at least diminish, this practice of accepting any of these nefarious assignments.

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