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.

Is being a capable, good individual enough to lead a professional association?

September 4, 2017 § 3 Comments

Dear Colleagues:

I have written about the benefits of belonging to professional interpreter and translator associations in the past. Sometimes I have praised and criticized some, but I have never questioned the need to have them around, ready to defend and advance the profession through professional development of their members, advocacy, lobbying, education, forging alliances, and so on.

Today we need them more than ever before. In a globalized economy, where we are the constant target of greedy agencies, ignorant government officials, shrinking budgets and growing intolerance, solid professional associations are essential to our profession. Because we are not all equal nor we live in the same environment, in my opinion, interpreters and translators should belong to at least one international, one regional, one local, and one specialized association.

Unlike other posts, today I will not question the intentions of some associations’ disturbing agenda centered on corporate memberships, I will not talk about the good or bad practices of some others regarding public relations, advocacy, or the planning of a conference. My concern in such matters remains unchanged.

My motivation behind this post comes from deep concern and historically supported fear about the immediate future of one of the largest and most popular professional association in the United States. Even though this entry centers on issues that happened in America, many of this association’s members live in other countries, and this situation could easily happen somewhere else.   I encourage all readers to continue to the end, even if you live somewhere else.

After many years of struggle, and a long fight for its survival, this association reestablished itself. It grew and the quality of its membership improved. For the past two years it has grown tremendously and has held its two most successful conferences in history, not just because of the people attending the events, but due to the quality of its content.  As a veteran member of the association who experienced the good old days, the horrible years of decay, and this rebirth, I can confidently say this historical recovery happened because of the experience, prestige, knowledge, honesty and vision of two of its Board members, the hard work of all five people part of the Board, and the professionalism, skills, and work of the two individuals who have been in charge of the administration for the last couple of years.  Sadly, the members of the association learned last week these two Board members resigned to their positions.

By looking at the composition of the Board, anybody interested in joining the organization, learning about the profession, or denouncing a professional or ethical transgression, would see a well-respected professor from one of the more renowned interpreting and translation institutions worldwide, a pioneer and innovator on a note-taking technique for consecutive interpreting, a trainer and conference presenter in all continents, a United States Department of State interpreter, one of the most respected (beloved by the interpreters who worked with him) and capable managing interpreter for one of the busiest federal district courts in the United States, including courthouses in four cities, and perhaps the one of the few districts to have staff certified interpreters in a language other than Spanish, one very experienced federally certified court interpreter from the state with the largest non-English speaking population in the United States, one very experienced federally certified court interpreter from one of the busiest federal judicial districts in the country due to its proximity to Mexico, a well-known and widely respected authority on legal transcriptions and translations, a promising somewhat recently federally certified court interpreter from a small city in the Midwest, one of the newest trainers of interpreters and conference presenter, a State-level certified court interpreter for one local court in the New York City metropolitan area, and a PhD in Linguistics, experienced university professor who does not live in the United States.  These credentials explain the reason many of the most capable and better known court interpreters who left the association during the dark era came back. It also gave many of us an important tool to promote the association and encourage new interpreters to join.

Unfortunately, after last week’s resignations, anybody interested in joining the organization, learning about the profession, or denouncing a professional or ethical transgression, will see a promising somewhat recently federally certified court interpreter from a small city in the Midwest, one of the newest trainers of interpreters and conference presenter, a State-level certified court interpreter for one local court in the New York City metropolitan area, and a PhD in Linguistics, experienced university professor who does not live in the United States.

I have no intention to criticize, offend, or disrespect the colleagues who remain as Board members. I have no reason to doubt their skills and dedication; I am not questioning their honesty or integrity either. They appear to be capable, and many of you trusted them when you voted for them.

I think it is important for me to mention that the two Board members who resigned, and the two individuals in charge of the administration, are all good friends of mine whom I have known for many years. I have had very limited contact with the current directors. I have dealt with one of them more than the others because of the conference in the Washington, D.C. area, but we have no relationship beyond saying hi at the conferences or being Facebook friends.

This post is not about those directors who stayed, but about the ones who left; the missed opportunities due to their absence, the uncertain future of the organization, and my concerns about the reasons that pushed courageous, capable veterans of the profession, full of ideas and plans for the association’s future, to resign.  Every time that a non-quitter quits we must worry and find out what happened.

Dear friends and colleagues, for a professional association to thrive it must gain access to many places, many inaccessible to the common folk. Effectively arguing for the interests of the profession before government authorities, establishing professional practice positions before clients, and protecting our profession from the predators of the “industry”, are difficult. Many of those we must talk to will only listen when the voice addressing them has the credibility backed by name recognition, reputation, professional trajectory, and personal network that the now missing directors have.

Many of you reading this post, members of this association or not, are too new to remember the dark years.  They started with a Board lacking experienced federally certified court interpreters, world-renowned freelance practitioners admired and respected by other veterans who trusted them, and could be role models to the new interpreters.  The Board of those years had good intentions, I think they wanted to make the association better, but a Board of university professors and non-certified interpreters shrank the organization. For years our conferences were poorly attended, made no money, and could make no decisions because with so few members attending the conferences we did not have quorum to vote for or against anything.  On that occasion, just like today, capable, experienced, well-known and respected Board members left; some just came back in the last couple of years when they recognized a Board like the ones in the past. Many of our most valuable members never came back. Many of my colleagues and I do not want to go back to the dark years.

I understand that many of you are friends of the current members of the Board, I get that many of you voted for them. Nothing is wrong with that. What troubles me is the emotional part. There is no reason to be offended or angry when people question the credentials of the current Board compared to the ones of the Board we just lost last week. I have seen how some of you are wishing good luck to the remaining Board. I wish them a long and happy life, but I am not on the well-wisher column. I prefer to remain on the skeptical, scrutinizing every move and decision.  I want to know what caused the two resignations. Not the light version or the excuses. I know the ones who resign and they could not possibly resign over one decision. It had to include other issues, perhaps even the way the Board members interacted.

I have also read how many of you are demanding an audit of the performance by the company retained to manage the financial and day-to-day operations. I think that should not be necessary as I trust the professionalism of the two individuals who run said company (and as I said, they are my friends) but I welcome the suggestion as a needed step to erase the uneasiness of many members. I know the administrators will not like this, I know it will hurt their feelings, but I also know that they have nothing to hide and will understand the need for this audit which should be expanded to go beyond a mere examination of the books. Like I said, the real cause of the resignations came not from the accounting books, it came from some repeated interaction among Board members.

I also believe that to avoid going back to the failed years of the past, we must let people speak up. If the members want to vent their frustration with the way things turned starting last week, they should be allowed to post anything on the Facebook group (as far as I know there are no complains about censoring it so far) and also to use the List Serve. At this point it is irrelevant what the guidelines say about who or what can be expressed there. It is absurd to defend a decision splitting hairs because somebody was censored, banned, moderated of whatever. These are extraordinary times and they require of flexibility and total freedom of expression to all members. We all know that everybody will say what they must say, if not through the association’s official outlets, then through another social media vehicle.

This is a time to listen to the members, have an independent auditor and perhaps a committee to investigate what happened so we can have transparent and complete information we can trust. Self-serving statements by Board members, and providing some financial and corporate information on line will not be enough.

Finally, we all must understand that it will be difficult to fill the two vacancies on the Board with colleagues of similar caliber to the ones who left. Serving in any professional association is not an easy task, it takes a lot of time, requires of many personal and professional sacrifices, and it does not make you any money.  Getting anybody to serve is hard, I for one would not do it, but getting somebody with the same characteristics as the ones of our two dear colleagues who quit will be a titanic effort.  Hints by the current Board indicating that they will move fast worry me.  It will take some time to get people that can take the Board’s collective resume back to where it was last week. Other decisions can be postponed if needed, there are no contracts or deadlines that justify a rushed decision. Many of us are serious about it. We will be watching closely this nomination process, because this time it will be even more complicated to get the ideal people on the Board. These two new members must have another characteristic: They must be independent, they must be of a different persuasion from the one of the three members left. You may think this does not matter, that regardless of their ideology they will be in the minority 3-2. This is true, but having such diversity of ideas and opinions will assure us as members that even in losing a vote, they will let us know why the majority voted the way they did.  As you can clearly see, we will need two extraordinary professionals who can play the role of the extraordinary professionals who just left, people not close friends of the current Board members so we can be sure the Board is not marching in lockstep without anyone questioning their decisions.

As those of you who assiduously read my blog know, my only interest is the betterment of the profession and protecting my colleagues; I contribute to the profession as much as I can, and I do it all over the world. I have many ideas and projects in mind; I have recently discussed many with one colleague who left the Board. I am not a teenager anymore and I will not sit and wait to see how a Board that looks different from what I proposed above turns out. I will take my projects somewhere else, and work with others who think like me, perhaps even the Board members who quit. I want to be clear: I am not quitting the association at this time. I am going to be vigilant and question every move and decision by this and future Boards; I will continue to demand transparency and diversity of opinions in Boards that are not elected by the membership (like in this case) and I withhold judgement until I am satisfied one way or another. In the meantime I will behave just like I did during the dark years: I will not praise or attack the association and I will not encourage anybody to leave or join the organization until I see what the Board does.  I now ask you to please share your thoughts on the composition of the Board, be brief and concise, and please do not write emotional comments attacking or defending past or present Board members.

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