How to study for the federal court interpreter exam.
June 5, 2015 § 14 Comments
Dear Colleagues:
This is the time when every two years many court interpreters in the United States, and abroad, are getting ready to take the federal court interpreter certification exam. This test is only offered every two years to those candidates who have previously passed the written portion of the exam. The test is relevant mainly for two reasons: (1) those who have this certification can work as interpreters in all federal courts in the United States (all fifty states and all territories) where work conditions are usually better and the pay is slightly higher compared to the state-level courts; and (2) For better or worse, this certification is by far the best-known and universally recognized interpreter credential in the United States, even for work that has nothing to do with court proceedings. In other words, passing the exam improves the credibility of an interpreter and boosts his resume.
This blog is not the place to discuss the pros and cons of the certification being used as a reference for other non-legal interpreting assignments in the United States, it is just a statement of fact that it is a test widely known by agencies, promoters, and direct clients. It is also a fact that, unlike many other certification exams, the passing rate is very low because the test is really difficult. Add this to the fact that many interpreters in the U.S. do not have an academic background, and the test turns into a useful tool to decide who to hire for a job. Finally, we must keep in mind that the exam only exists for Spanish, Navajo and Haitian-Creole.
My only goal in writing this post is to contribute to the success of those taking the test some six weeks from now. I am not going to talk about what to study from the academic perspective. I will not discuss terminology either. Those things should be learned in school and attending workshops and seminars to improve the interpreting skills of the candidate, and to learn how to study for the test in order to pass.
Today, I will limit to those things that are important, and a candidate must do when the exam is a few weeks away. In this case: about six weeks from now.
The first thing that a candidate needs is honesty. Be honest about what you know and what you can do as a court interpreter. This is the time to work on your weaknesses while at the same time taking care of your strengths as an interpreter. Do a self-examination of everything that will be tested and rank your strengths: At least you need to know where you rank in:
- Sight translation of a paralegal document from English into the target language;
- Sight translation of a legal document from the foreign language into English;
- Consecutive interpreting of a testimony under very strict time limitations;
- Simultaneous interpreting of a monologue;
- Simultaneous interpreting of a dialogue at a relatively fast rate of speech;
- Legal terminology and procedure; and
- General vocabulary in both languages.
You can add other categories if you feel they are needed, but you should at least consider the ones mentioned above. Once you have ranked your skill and knowledge, you have to develop a study plan that will emphasize your weakest points without forgetting about your strengths. Let me explain:
Let’s say that you concluded that simultaneous interpreting is your strongest mode because you practice it daily in your state court or community interpreting assignments. This does not mean that you are going to ignore or neglect simultaneous interpreting for the next six weeks. All it means is that you will dedicate less time to simultaneous than consecutive and sight. In the same example, you decided that sight translating a legal document from the foreign language into English is your weakest point, but consecutive interpreting, especially under the time constraints of the exam, is something you feel less confident about. In those circumstances, your study plan for the first two weeks could look similar to this:
- Sight translation 40% of study time (60 percent of this time for legal documents written in the foreign language)
- Consecutive interpreting 30% of study time (working on concentration, visualization, memory, and very brief note taking with a rendition starting almost as soon as the speaker stops talking)
- Simultaneous interpreting 10% (with special attention to expert witness testimony, opening and closing statements)
- Legal terminology and procedure 10% (making sure to learn the federal jurisdiction terminology and procedure, not the state level vocabulary)
- General vocabulary 10% (paying attention to “laundry lists”, regional expressions, bad words and slang)
Two weeks later, you self-assess your work and reorganize your study schedule to reflect the newest results. You may decide that you need more time for the consecutive and less for vocabulary and sight translation for example. From this point on, I would do this self-evaluation every week and adjust my plan accordingly. It is important to remember that you cannot ignore any of the sections of the test, even if you are very good at consecutive interpreting. It is like playing the piano: you must practice every day to keep your skills sharp.
Because you will be studying a lot, you have to make it fun and interesting. Variety is the key to success and consistency when you study. To increase my vocabulary, I would try to learn 10 new words every day, picking words from the same theme of course; let’s say that today I decided to learn 10 words for items found in a lawyer’s office: desk, chair, file, briefcase, computer, client, pleadings, paralegals, investigators, and telephone. The next day I pick things found in a courtroom, then things in a hospital emergency room, a crime lab, and so on. If I do this every day, by Friday I will have worked with 50 new words; Of course, I will probably remember about 20 of them. That is 20 words I did not know on Monday.
To practice my sight translation from English into the foreign language, I would look for documents that are about the same size as the test to be sight translated during the exam, that are of some quasi-legal content. Letters from your bank, utility company, mortgage creditor and other similar communications usually work pretty well. For the legal sight translation from the foreign language into English I would look for documents on line or from attorney friends in the country of origin. In the case of Spanish, I know that many of the big law offices in Mexico carry “sample” documents in their websites. You can download and use leases, wills, powers of attorney, court orders and decisions, etc. Just remember to divide large documents into several exercises so that you are always practicing with a document the size of the one that you will find when you take the test. Remember to always practice with the same rules as the exam regarding time to review the document and time to provide the rendition. Finally, please record every single exercise you do so you can grade yourself afterwards. You will not be able to see any progress unless you do this.
To practice simultaneous interpreting, I suggest you do two things: First, go to your local federal courthouse and watch a trial or a motions hearing. It does not matter if there is an interpreter or not. You will be interpreting under your breath and you will be taking vocabulary notes for your glossaries. Please avoid state courts because it is very difficult to hear what is actually happening due to the noise, and also, keep in mind that you need to practice with federal terminology, not state. In fact, if there are staff court interpreters in your courthouse, try to talk to them and see if they can tell you when the trials or long hearings are taking place between now and the test. Who knows? Some of them may be nice enough to let you use a receiver if a court interpreter is working a hearing. Now, because interpreting under your breath is always carried without any mistakes, you also need to practice yourself. I suggest you access any of the online sources that exist and provide live coverage of trials. Unfortunately, the viewers’ appetite for live court on TV has declined in the United States, so there is no Court TV anymore. Fortunately, you can find hearings on line. A good place to start is http://cvn.com you can also visit: www.nbcnews.com which is showing the Aurora Colorado movie shooting trial live, www.supremecourt.gov/oral has the United States Supreme Court oral arguments for you to listen whenever you are ready to do it. Many state-level Supreme Court websites do the same. I suggest that you record your rendition, and please make sure that your exercises are similar in length to the ones you will have to render when taking the test.
To practice consecutive interpreting, you can use the same resources listed above for the simultaneous exercises, as long as you stop the recording after each question and answer in order to render your interpretation. Please do no more than 2 repetitions per exercise, and please observe the exam’s time limit at all times. This is crucial for your rendition and note taking practice. Remember, you do not have a lot of time to review your notes and once the time is up, everything you did not get to cover will be considered wrong in the exam. This is extremely important. Too many people fail because they run out of time taking great notes. For the consecutive exercises I suggest you draft a family member or a friend who can help you by reading from a text that you can also download from some of the websites above. This will be a great change of pace and will let you concentrate in your rendition as your assistant will be in charge of timing and repetitions.
For legal terminology and procedure, I suggest you focus on federal matters. Remember: This is the federal test. Terms are very important and as you probably know, we are in the middle of a huge change for many Spanish-speaking countries. It is true that many of the terms we have used in the past will now be obsolete and you should learn the new legal terminology developed by these countries’ legislators, scholars, and judges; but for now, for purposes of passing the federal exam, please continue to use the terminology you feel more comfortable with. For the test all terms will be considered correct if they exist in a recognized publication or dictionary. Obviously, for those terms you do not know yet, I suggest you learn the correct terminology from the start, and if your combination is EN<>ES I suggest the two volumes of Javier Becerra’s dictionary.
To keep your studying fresh and exciting, I suggest you vary the order of the various subject matters: sometimes start with sight, other with simultaneous, etc. Also, I strongly encourage you to have a study-buddy. Someone else who is taking the test and can benefit from the mutual help and encouragement when you are tired, frustrated, or things are just not going as well as planned. With current telecommunications, your study-buddy can be anywhere in the world. Just remember: You are getting together to study.
Please never study when you are tired, angry or frustrated. You will learn nothing and you will waste your time and energy. Be wise and know when to quit. For that same reason, until the last 2 weeks, have a day off every week, and on that day do not study or even think of the exam. During the last 2 weeks you will need to study every single day. Sorry: No social engagements during those last 14 days. You will need to end your study at least 24 hours before the test. In other words: please abstain from studying the day before the exam. By now you will know everything you could learn. Let your brain (and body) rest so you can be sharp on the day of the test. If you have to travel to a city to take the exam, try to get there at least one day earlier so you can find the venue ahead of time.
Finally, on the day of the test, wake up early, have a good nutritious breakfast, and do whatever you enjoy doing: listen to music, workout, read a book, watch TV, anything but interpreting. Do not talk to any interpreter friends, especially if they are also taking the test. We know they are showing their support, but this is not the time for you to talk. Get to the test site early, you need to plan for traffic, parking, and public transportation. Once you arrive at the venue, avoid all others who are taking the test. Do not even acknowledge them. You will have plenty of time to explain why after the exam. You do not need to think of any term, word, phrase, or anything at this point. Keep your brain rested and stress-free.
During the test, do not start any section of the exam unless you are ready to do it. Adjust the headphones, the volume, and the chair; make sure you have your favorite pens handy, remember to time yourself, especially during the consecutive rendition. Use your time wisely during the two sight translation exercises, make sure you use your repetitions during the consecutive only if you really need them, and please, do not stop any exercise because you will not be able to restart it. Do not stress out if you do not know one word, remember, nobody fails for missing one word, but many people flunk the test for losing concentration and missing many scoring units after losing concentration because of a single word.
Now go out there and start studying very hard. You have been working for this certification for at least one year since you took the written portion of the test. Believe in yourself and do your best to pass the exam. In the meantime, keeping in mind that we cannot talk about the contents of the exam, I invite other colleagues who have passed the federal court certification test to share their study tips with the rest of us.
Is it medical interpreter, or healthcare interpreter?
June 26, 2014 § 5 Comments
Dear colleagues:
I have struggled with the issue of how to refer to a growing number of our colleagues whose work mainly takes place in hospitals, clinics, or medical and dental offices. Their primary function is to enable communication between a person who does not speak the language of the land and a healthcare provider: physician, dentist, nurse, psychologist, paramedic, and other support staff. As you all know, this area of interpretation has been around for some time, but it has just become formally regulated in the recent past. Because of globalization and its migration consequences, now many countries experience the need to have somebody to bridge the gap of communication that has developed between native speakers and immigrant communities. These developments have augmented the need for court interpreters, legal translators, school interpreters and many others; the healthcare field has not been an exception; in fact, this is the area where we can appreciate the most dramatic changes to the old “business as usual” format. Unlike other interpreting specialties, like conference, military and court interpreting, which have been around for a long time, these new service providers just organized a few years ago. Great efforts and devotion on the part of some individuals have produced important results like the creation of professional associations, the adoption of ethical and professional responsibility canons, and the development of certification programs and examinations. This is truly admirable.
There are two organizations in the United States that have emerged as standard-bearers of this profession: The International Medical Interpreters Association (IMIA) which endorses the National Board of Certification for Medical Interpreters exam, and the Certification Commission of Healthcare Interpreters (CCHI).
Keeping in mind the services provided by these professionals (based on the organizations’ websites, several hospitals’ information, and conversations with many of my esteemed colleagues) I reviewed all information I could find on the two certification exams that test English, professional conduct and ethics. To a lesser degree they test some medical-related vocabulary that a true bilingual individual should know, without any medical or pharmacological terminology studies, and they include very short paragraphs, or vignettes as one of the test refers to them, where patient and healthcare provider communicate regarding the symptoms that the non-native speaker is experiencing. The dialogue is an everyday conversation at a moderate to low register. Finally, I also noticed that the main part of the score overwhelmingly goes to the consecutive interpretation, leaving simultaneous and sight translation at about 10 to 15 percent each.
I am convinced that the work these colleagues do is essential to the healthcare industry and well-being of those individuals who otherwise would see their chances of receiving appropriate services diminished by reason of the language they speak. Nobody is disputing this. I also applaud the conditions under which they constantly work in hospitals, emergency rooms, and urgent care facilities where people perform under great stress. The writing of this post was simply motivated by my need to find a term I can feel comfortable with when referring to my colleagues, but before I am ready to form an opinion I should also consider what the rest of the world is doing and saying on this issue.
In Europe the services performed by our medical interpreters are part of what is known as public service interpreting or community interpreting in some countries. This public service interpreting also covers legal interpreting but not court interpreting as I will explain in a moment.
Public service interpreting refers to those services provided by an interpreter to help two individuals who speak different languages so they can communicate regarding everyday affairs, personal issues, including important topics, in cases when individuals who speak the same language would usually speak for themselves, but in this particular situation, because of the language difference, and cultural considerations, an interpreter is needed.
My dear friends and colleagues, conference interpreters provide their services to make it possible for individuals who do not speak the same language to communicate, by interpreting almost exclusively on the simultaneous mode, complex information at a high register. Their audience is usually formally educated. Court interpreters provide their services in cases when one or more individuals do not speak the language employed in court, to make it possible for officers of the court, litigants, jurors, and others, to communicate on the simultaneous, consecutive, whispered, and sight translation modes, everyday information, complex legal concepts and terminology, and expert witness testimony, at a variety of register levels.
Now I ask you to contrast these job descriptions with the job that public service interpreters such as school interpreters, welfare services interpreters, church interpreters, and community organization interpreters do. These professionals (and sometimes paraprofessionals that may include a family member) provide their services so that individuals who do not share the same language can communicate about important everyday matters such as parent-teacher conferences, services provided by religious organizations, and dealings with government agencies at the customer service window or over the phone. This work is almost exclusively performed on the consecutive mode, unlike court interpreting, and there are no formal rules to keep the interpreter from asking questions and give explanations to facilitate the communication. The main objective is to bridge the language gap without any consideration for rules of evidence or procedure. These interpreters can interrupt the parties and ask them to speak slower or in shorter sentences. While conference and court interpreters work with complicated and sometimes rarely used words as part of their everyday job, public service interpreters work with common vocabulary; not simple words, but words that anyone with a certain level of formal education, regardless of any interpreting training, should know.
This explains why we occasionally see conference interpreters in the courtroom and court interpreters in the booth. It also explains why conference interpreters, and not medical interpreters, interpret medical and pharmaceutical conferences; and why court interpreters, not medical interpreters, interpret the expert testimony of a pathologist or other medical professional during a trial.
I mentioned earlier that there was a difference between court and legal interpreters in many countries, and why the latter are considered public sector interpreters: A court interpreter provides her services in a formal court setting and during out of court events that are related to a current or future court or legal proceeding. A legal interpreter assists an individual who needs help with his dealings with the authority, such as getting a driver’s license, applying for government benefits, or requesting government documents. These interpreters are clearly outside the scope of the very strict canons of ethics and professional responsibility that govern the activity of court interpreters. Just as we may encounter a conference interpreter in court or a court interpreter in the booth, we may find a school interpreter or a medical interpreter in a government agency assisting a foreign language speaker with some excruciating government administrative process. I hope the example clarifies the issue, but I also ask you to look at this very carefully, because there are some who would like to assimilate the services provided by a court interpreter outside a courtroom to those of a public service or community interpreter; they would argue that these services are “legal” and not court services. They are wrong.
They are wrong because the terminology of legal versus court interpreter that was valid in the past does not apply to our globalized world. When most countries had a written legal system there was very little work for a court interpreter. In those days legal translators did most of the court work because everything was done in writing. Legal interpreters were then relegated to in-office interviews and customer service windows. If you consider that migration was less popular than it is now, then you would have a very low demand for court or even legal interpreters. Lack of migration did not impact legal translators who had to translate official documents, contracts, deeds, and many other written statements that originated within the other country. At the time the legal interpreter was really a community or public service interpreter. That reality is so different from ours. Presently, an interpreter who works before an administrative law judge, such as an immigration court, workers’ compensation court, or social security court, is subject to the same ethical and professional rules as the court interpreter who appears before a traditional court. The fact that some jurisdictions allow for non-certified or licensed interpreters to provide their services in administrative law courts does not mean that community interpreters should do the job. These courts still abide by rules of evidence and procedure, the interpreter has to act as if working before the traditional judiciary, the job must be done at a higher register, with specialized complex legal terminology, and on a simultaneous interpreting mode that does not allow to stop the procedure so the interpreter can request the litigants to slow down, or a consecutive rendition where the interpreter cannot ask the parties to speak in shorter sentences. The same can be said for civil depositions, jailhouse visits, and the transcription of wiretaps. On the other hand, those individuals who are appearing before the motor vehicle office are better off employing the services of a community interpreter because this professional knows more about handling situations where the interpreter has the freedom to step outside the box to achieve communication between the parties.
After considering all of these concepts and possible scenarios, and after reviewing the materials I have mentioned before, I understand that there are arguments to be made for the term medical interpreter, but I just do not believe that in my book that would be accurate. I think that the appropriate and accurate way to describe this very important segment of our profession is the one adopted by the Certification Commission of Healthcare Interpreters (CCHI). For this reason, I believe that we should call our colleagues Healthcare Interpreters instead of Medical Interpreters. Please let us all know your comments on this issue that to some may seem irrelevant, but is actually very important.
Can the interpreter’s simultaneous rendition be distracting?
April 11, 2014 § 11 Comments
Dear colleagues:
I have been very fortunate in my career. I have worked with some of the very best in the profession, and yes, sometimes I have worked with some colleagues, thankfully very few, who would fall short from that rating. As many of you know, I have worked all over the world and I have worked conference, diplomatic, court, and escort interpreting for many years. During those years I have observed and learned many things from this spectacular interpreters and I have also seen so many different styles.
One of the things that many colleagues do when simultaneously interpreting is that they close their eyes and gesticulate a lot. They use their hands to express what they are saying and to understand the concepts they are absorbing from the speaker. This works fine for them. Their renditions are impeccable. After years of working in a booth next to some of them I have become used to their style. I interpret differently. I do not use my hands or head to express what I am saying. I just sit there without any gesticulation. This works for me just as well as the opposite works for many great colleagues. I have no problem with either style when you are working in the booth and you are out of sight; in fact, I applaud those who have found this to be a tool to improve their interpreting skills. The important thing is to provide a good service and bridge the communication gap between the speaker and his audience.
Unfortunately, I am not so convinced that this effusive style is as effective in court as it is in the booth. Interpreters who work in the courtroom are not shield by the booth. Even if they work with equipment they are not out of sight. The equipment is usually of the portable kind, and even though many courts use wireless transmitters and receivers, the interpreter sits at the table next to the defendant or somewhere else in the courtroom in plain view of all participants: judge, jury, attorneys, witnesses, and defendant.
As part of their work, court interpreters can interpret difficult complex concepts and very detailed information. One of the reasons to have a court hearing is to assess the credibility of witnesses and litigants. The jury’s attention has to be focused on those testifying or arguing the law. The non-English speaker needs to understand what is going on in the courtroom and for that he often has to concentrate. Because of some of my professional interests, I often attend court hearings in different parts of the world and as an observer who is not involved in the process, I have noticed that gesticulating interpreters can be distracting. I have noticed how members of the jury are sometimes more interested and amused by the interpreters hand movements than by the witness’ testimony. I have seen how defendants pay more attention to what the interpreter does than to what the interpreter says. I do not think this is appropriate. I believe that the interpreter who is working in the courtroom has to be aware of the fact that he cannot be the center of attention; that unlike conference interpreters, court interpreters are visible to all. I understand that this may be their natural way to communicate, that they may need to do this to understand the message they are about to interpret. Unfortunately, I do not think that most jurors, attorneys, and litigants can just ignore their gesticulation and focus on the testimony. I think court interpreters should learn to control these movements and concentrate on accurate interpreting while being inconspicuous.
I find this to be a fascinating, delicate, and frankly touchy subject that is not easy to discuss with our colleagues. For a long time I hesitated to write this blog, but I finally did it because I want to hear what you all have to say about it. I ask you to please avoid personal attacks and comments about how gesticulating helps the interpreter. Instead, I invite you to share with the rest of us your thoughts on this issue: Is this interpreting style distracting to those participating in a court procedure?
Should Consecutive Interpretation Disappear From Court?
November 4, 2013 § 15 Comments
Dear colleagues:
Every time I write about some issue that involves consecutive interpretation in court, I get a considerable number of comments arguing for the disappearance of this mode of interpretation. Whether it is because of how difficult it is to render it, or due to some legal issue, the fact is that the number of interpreters, and courts, moving away from consecutive interpretation from the witness stand is growing every day.
Currently, there are many courthouses in the United States where the interpretation of a witness’ testimony is done consecutaneously: The attorney’s question is interpreted simultaneously by an interpreter sitting (or standing) next to the witness and the answer is rendered consecutively by the same interpreter. Other courthouses are using one interpreter for the simultaneous interpretation of the question, with the help of interpretation equipment, and a second interpreter, sitting (or standing) next to the witness, who renders the answers consecutively. The feedback from both systems, as far as I have heard, is positive. Apparently this approach solves the problems presented by the way cross-examination is phrased, keeps the jury focused on the witness, and not on the interpreter, and eliminates the unfair advantage that some witnesses have in cases when they speak some English, but prefer to employ the services of an interpreter, thus having an opportunity to reflect on their answer to a question while they “listen” to the interpreter’s rendition of said question. It is also true that this is not a “bulletproof” solution. Consecutaneous interpretation from the witness stand can be confusing to some lay witnesses; and in the case of different interpreters for questions and answers, it could present a problem when both, the question interpreter and the answer interpreter interpret correctly but using a different term. For what I hear, judges and court administrators love consecutaneous interpretation because it saves a lot of trial time, as the time for the consecutive rendition is eliminated altogether.
I must confess that for a long time I was a “purist” who opposed consecutaneous interpretation in the courtroom. Although I still dislike consecutaneous interpretation, I have changed my mind. Now I believe that in this world full of technology, where we go to the booth with nothing but an iPad, where we can do a word search in seconds, where we can interpret remotely from a different continent, we need to take advantage of everything that exists out there. The technology for simultaneous interpretation of a witness testimony already exists. I dislike consecutaneous interpretation not because I want to keep the consecutive mode for the witness stand. I dislike it because I think that we interpreters deserve better, the court deserves better, and the witness deserves the best possible access to the source language: simultaneous interpretation. Real time interpretation of everything that happens during the hearing or trial. Let us leave consecutive interpretation where it is needed: escort interpretation, jail visits, and some aspects of medical and community interpreting.
In an era where many hearings are held with the defendant appearing remotely by video, and attorneys file their pleadings electronically, there is no excuse to keep interpreting back in the Stone Age. There is no reason why the witness, judge, attorneys and jury cannot have access to a headset to hear in their native language the questions and answers. The argument that it is too complicated, that these people will be distracted by the equipment, is absurd. We are talking about the same people who drove themselves to court while listening to the radio or talking to their kids on the back seat of the car. We are talking about the same people who talk and text, walk and surf the net at the same time. Learning how to switch a button on and off is not brain surgery; moreover, they can just remove the headset when they don’t need to use it. By the way, this would also eliminate the distraction of having the interpreter next to the witness. It would remove the distraction of the interpreter’s whispering from the courtroom as we could be working from a booth like in all other venues where we render our services, and it would ensure more accuracy as we will be able to hear everything better from the booth. Will this cost money? Yes it will. Will these changes take time? Of course they will. It is all true, but at some point in time we have to start. Maybe if we start now the new courthouses will be designed and built with a booth. In new colleges and universities classrooms are built this way. Perhaps it will be other court systems that take the first steps towards this best solution. Many countries are switching over to the oral proceedings. They are building new courthouses. Maybe they can be the pioneers. Maybe the European courts will be the frontrunners now that they are implementing their new court interpreter system.
The point is, dear colleagues, it is clear that we need to move towards full simultaneous interpretation of all court proceedings. All that remains to be decided is when we start and where we take the first steps. Please share your comments and opinions on this issue.