August 12, 2020 § 16 Comments
Although we are still in the middle of a world-wide pandemic, I have heard from several colleagues that some courts in the United States, and elsewhere, are back in session and they are asking court interpreters to attend in-person hearings. Courts may have their reasons to reopen, but I think is a bad idea for interpreters to answer the call at this time. Covid-19 is very contagious and continues to spread all over the United States and many other countries. This is not the time to risk our health, and perhaps our future, to make the not-so-good court interpreter fees. Technology is such that courthouses can hold virtual hearings, or distance interpreting if they want to have in-person sessions. There are solutions for all judicial district budgets, from fancy distance interpreting platforms, to Zoom, to a simple over-the-phone interpretation with 3-way calling and a speaker phone. Federal courts have provided over the phone interpretation in certain court appearances for many years. Most hearings are short appearances that do not justify risking the interpreter. As for more complex evidentiary hearings and trials, just as conferences have temporarily migrated to this modality, distance interpreting can happen with a few adjustments. If in-person court interpreting is a bad idea right now, in-person interpreting at a detention center, jail or prison, is out of the question. At least in the United States, detention facilities are at the top of places where more Covid-19 cases have been detected.
Court interpreters provide services in accordance to the law and a code of ethics. Neither of them compels interpreters to put their lives at risk just to interpret for a hearing that could happen virtually. I urge you all to refuse in-person interpreting at courthouses and detention centers at this time. Advise judges, attorneys, and court administrators on the available options during the emergency. If after your explanation they insist on having interpreters appearing in person during the Covid-19 pandemic, please decline the assignment. It is obvious your life and health are not a priority for that organization; why should you put them at the top of your clients’ list?
Do not worry about the parties needing interpreting services. That is the attorney’s responsibility. Not yours.
Unfortunately, some of you will sadly agree to physically appear in court to interpret for defendants, plaintiffs, witnesses, and victims. If so, at least demand the following from the courts:
All in-person interpreting must be done with portable cordless equipment. Many courthouses already use it, and for those who do not, explain to judges and administrators this is the same equipment tour guides use. Courts should provide personal transmitters to all staff and regular independent contractor interpreters, and interpreters should take care of the transmitter and take it with them at the end of the day. If this is impossible (although these devises are very affordable) then ask the courthouse to keep them clean and safe, and separate from the receivers the parties will use. Interpreters should always have their own personal microphone (whether it is provided by the court or they purchase it on their own). Ask the receivers be kept in individual plastic baggies, and have the individual using the receiver open the bag and put the devise back in the baggie after the hearing. Never handle the receiver. Ask the court to notify all parties needing interpreting services to bring their own earphones (they can use their mobile phone’s if they are wired). The courthouse should have disposable earphones in stock for those who forgot to bring their own. Earphones are inexpensive and can be thrown away after each hearing.
Finally, interpreters should never disinfect the portable equipment. This is a dangerous chore, you do not get paid to do it, and it is not your job. Disinfecting the equipment goes against all federal and state court interpreter rules of ethics:
“Canon 7: Scope of Practice. An interpreter for a LEP participant in any legal proceeding, or for an LEP party in a court-ordered program, must provide only interpreting or translating services. The interpreter must not give legal advice, express personal opinions to individuals for whom interpreting services are being provided, or engage in other activities that may be construed to constitute a service other than interpreting or translating.” All states include this canon in their code of ethics (sometimes the number is different). Interpreting equipment should be cleaned and disinfected by the same people who clean and disinfect everything else in the courtroom.
If you are interpreting in person for an agency or for a direct private client, you must follow the same practices. The agency should assume the courthouse duties. As for your preferred direct clients who you could not talk out of an in-person appearance, use your own personal equipment. If you don’t have it, buy it. Do not borrow the courthouse’s. You do not know how clean it is. I would also add the following when dealing with direct clients using my own equipment: Have disposable latex gloves available for you and the person using the equipment. That way you may assist your direct client with the receiver unit if needed. Have spare disposable earphones available if your clients forgot to bring their own. I suggest you use the earphones you get on the plane for free and you never use because you have your own. The protocol for jail visits is: No jail visits under any circumstance. Period.
Even with equipment, maintain a safe distance between you and the person you are interpreting for. No sitting next to the client. Always use and demand others use facemasks. The sound quality is not the best, but removing the mask to interpret is too dangerous. I suggest you wear a mask that ties or has an elastic that goes around your head instead of the ones you wear on your ears. They are more comfortable and stay in place even if you are speaking,
Most judges are rational people of good moral character, but I have heard of some cases when a judge has ordered the interpreter to remove the mask, get closer to the person who needs an interpreter, and other dangerous actions. If so, try to persuade the judge, if that fails, ask for a recess and try to get the court administrator to see the situation from your viewpoint. If this does not work, or if the judge does not let you speak, or you cannot access the administrator, excuse yourself.
State you cannot fulfill your duty as a court interpreter to interpret the totality of what is being said in court because you cannot concentrate on the hearing when you know the judge is putting you in a dangerous situation. Put it on the record, and leave. If the judge does not allow you to leave the courtroom, or threatens you with a contempt order, then clearly put on the record for a second time the same explanation you already gave, and clearly state you are being ordered to interpret even though the rendition will be incomplete, that you are being held against your will, and that you are respectfully giving notice to the judge that if because of his order you get infected, you will bring legal action against the court and personally against the judge. Do not be afraid. You are not doing anything wrong.
On top of all that, I would never interpret in that Judge’s court again.
There are other things we can do as interpreters to protect ourselves in the rare case we end up in front of a judge that forces you to interpret and do things that risk your health and maybe your life.
You can file a complaint with the circuit court (if a federal case) or the court of appeals with jurisdiction over the judge. In federal cases, this is done according to the Judicial Conduct and Disability Act of 1980 (28 USC §351-364) and the Rules for Judicial Conduct and Judicial Disability Proceedings.
If federal, you can send a letter describing the judge’s conduct to the Federal Judges Association (FJA) (https://www.federaljudgesassoc.org) or to the State’s judges association in local matters.
Send a letter for publication on the American Bar Association (ABA) Journal Magazine, or to the State Bar Bulletin so attorneys and others learn of the incident and apply pressure on this individual.
Contact your local non-English radio and TV stations (for Spanish speakers Telemundo, Univision and Azteca America) and suggest an investigative report on how this judge is putting those who appear before him or her, and need interpreting services, at risk during the pandemic.
You can also talk to an attorney and explore the possibility of a lawsuit against the judge and courthouse for negligence.
Finally, write a letter to that courthouse’s chief judge and court administrator informing them that, regardless of the outcome, you will never work in that courtroom again. The letter should detail everything the judge said and did, including past episodes witnessed by you. A person with such a bad attitude did other bad things before.
Court interpreters perform an essential job for the administration of justice, everyone who needs an interpreter should get one, but certain things are above the job; one of them that should always come first is our health. I now ask you to share with us your in-person court experiences, in the United States or elsewhere, during the pandemic.
April 12, 2016 § Leave a comment
The horrible things that are happening all over the world made me think about the risks that we face as interpreters just by doing our job. It is very true that nobody can claim to be completely safe in today’s violent and fanatical world, but one thing is to be in the wrong place at the wrong time, and another when your profession takes you to dangerous, or potentially dangerous situations.
Those of us who constantly travel, and are at airports or train stations four or five times a week, live with security checkpoints as part of our daily routine; we are very aware of the potential risks of traveling, and I am not talking about airplane or train accidents. I cannot say that I have never looked at somebody as a suspicious character, or that I have not considered the possibility of something awful happening while I travel or during the events.
Conference and diplomatic interpreters live with this constant danger every time they do their job; and it is not just the times when we interpret for heads of state or religious leaders and we have to remain by their side, it is also when we are working in a booth during a top-executives’ conference, a summit of high-level government officials, or an international organization session. The fact that we have to go through security checkpoints several times a day should tell us something about the risks we take just by doing our job. It is exciting to work with the president of a country, or with the Pope, but at the same time, you cannot avoid looking at your surroundings to see if there is something out of the ordinary going on.
Of course, the most obvious example of interpreters risking their lives and physical integrity is that of the interpreters in conflict zones or providing their services as part of a military mission. As we know, unfortunately, these brave friends and colleagues are at risk even after they are not working any longer, and even after the armed conflict has ended, as is evidenced by all the terrible stories of interpreters killed by the enemy in Iraq and Afghanistan while they wait for the western governments to keep a promise to protect them, as they assured them a long time ago.
Not only terrorists and war enemies put interpreters’ lives and physical integrity in danger; court interpreters also face the rage of criminals, and perhaps even terrorists who are trying to make a twisted point through violence. According to the National Center for State Courts in the United States, the number of threats and violent incidents targeting the judiciary has increased dramatically in recent years. At the federal level, the U.S. Marshals Service Center for Judicial Security reports the number of judicial threat investigations has increased from 592 cases in 2003 to 1,258 by the end of 2011. At the state and local levels, the most reliable data comes from studies by the Center for Judicial and Executive Security (CJES). They show that the number of violent incidents in state courthouses has gone up every decade since 1970. I used to do quite a bit of work in court, and there were many times when I had to do a “reality check” and pinch myself to stay aware of the fact that I was sitting next to an alleged murderer. In fact, I was told once by a U.S. Marshal that I should never sit next to the defendant in court; that I should always sit around the corner of the table in case I needed to dock or run, and he told me to always be aware of what is left on top of the table: “… a stapler or a pencil in the hands of a criminal can turn into a murder weapon in a matter of seconds…”
And we are not even talking about dealing with angry family court litigants who had to stand in line for 30 minutes to go through the metal detector in order to gain access to the courtroom.
Then we have the jails and detention centers where incidents of violence are perhaps less common due to the tight security, but together with immigration courts and hospitals, they present another enormous risk to the interpreter: transmission of a contagious disease.
Unlike conference and diplomatic interpreters, healthcare and immigration court interpreters work with clients from all over the world, many of whom just arrived to the United States from countries where certain diseases, already eradicated from the U.S., are still common among the population. The risk of being exposed to TB and other serious health problems is not small in environments where people from everywhere congregate. Some of these “ideal” places are jails and detention centers where court interpreters work, immigration courts where immigration interpreters provide their services, and the clinics, hospitals, and urgent care facilities where healthcare interpreters work right next to people who could be the carriers of a serious health hazard.
So now the question to you all, my dear friends and colleagues is: What do we do then? Do we quit our work? Do we stop traveling? Should we avoid riskier assignments?
Of course, these questions should be individually answered, but so far, the evidence indicates that our collective answer is: No. We must continue doing the work we love and enjoy. We are providers of a professional service that is needed for most human activities. We cannot become the victims by choice. The truth is that many of us do our work in dangerous, or potentially dangerous, situations, but we are not alone. There are great professionals who are trained to protect us. The Secret Service, the FBI, the U.S. Marshals, policemen and Sheriff Deputies, our heroic armed forces, other security guards, and our own common sense, will help us when the time comes to make a decision or take a stand. We just need to be alert.
I congratulate so many of you, friends and colleagues, for your courage and sense of responsibility. Continue doing your job; charge accordingly for your professional services, taking into account the risks you take every time you do your work. The client needs to know this, and has to understand it. It is one of those intangibles that we must include in our fee, not as a separate item, but as part of what you quantify during the process of preparing an estimate. Just like you factor in your professional education and experience. You deserve it. I now ask you to please share with the rest of us your thoughts about the dangers and risks of the profession, and please do me a favor: Do not take any chances, always use your common sense. Stay safe.