May 12, 2014 § 8 Comments
With the new National Code of Criminal Procedure (Código Nacional de Procedimientos Penales) just enacted in Mexico this past March 2014, the country with the largest Spanish speaking population in the world took one of the most dramatic steps on the implementation of their new oral legal proceedings. As many of you know, for the past few years Mexico has been moving towards a new judicial system that resembles the adversarial procedure followed by Common Law countries, and distancing itself from the more formalistic written inquisitorial system that comes from the Roman/French legal tradition. There have been constitutional amendments, training programs for judges and attorneys, and they are currently in the middle of an important legislative overhaul to match all legal precepts to the new process. These changes have brought two significant changes to our profession as court interpreters in both, Mexico and the United States. The first one is the obvious greater need for court interpreters as the new system will require services that the old written procedural rules did not. The second fundamental change, and the one that will impact the profession in the United States more than anything in the past, is the creation of new terminology and vocabulary by the Mexican legislator that will mirror very closely the criminal (and later the civil) procedure followed by the United States. In other words, for the first time ever, we will have a catalog of legal terms in Spanish that will be the law of the land in a country with close to 115 million Spanish speakers. Add to this reality the fact that Mexican society has an intense interaction with American society, and that most of the Spanish speakers in the United States are Mexican, and you get a combination of trade, crime, cultural exchanges, and family matters in Spanish that involve the two largest Spanish speaking countries in the world.
For the Mexican court interpreter, living in Mexico or in the United States, this will translate in a tremendous workload increase on the Mexican side of the border; for the Spanish language court interpreters who work in the United States (with the exception of some areas of the country where non-Mexican Spanish, particularly from Central America and the Caribbean, is broadly spoken) this means the emerging of a new culture where people who recently moved from Mexico to the U.S., Mexican citizens who live in the United States but get their news from the Mexican media, and their relatives who continue to reside in Mexico, will need and demand an accurate interpretation employing the official legal terminology in the Mexican legislation. Many of you work, as I do, with Mexican attorneys, and you know how they are always looking for interpreters and translators who can work with Mexican legal terms instead of “homemade” terminology generated out of necessity when there was no adversarial legal system in any Spanish speaking country. My friends, I suggest that there will be an even greater need for Spanish interpreters as the involvement of Mexican attorneys and Law Firms increase and their lawyers retain the services of court interpreters who know Mexican legal Spanish. By the way, the same comments apply to those court interpreters with knowledge of legal terminology from other Spanish speaking countries where the oral system is being implemented; Chile and Costa Rica are pioneers of this change. I emphasize the Mexican changes because they are the most recent and impact a much larger number of people. At this time the big question on the table for us as interpreters, particularly those who live in the United States, will be: how do we react to this irreversible change? I know I will embrace it, learn the new terminology, and apply it to my work. I hope most of you will do the same.
To those colleagues who might say that there is already a terminology used by many interpreters in the United States, and that it is the Spanish speaker who needs to realize this fact and get used to this current vocabulary, I ask you to consider two factors: (1) the language used by many court interpreters in the United States has been helpful and even useful in its attempt to provide an equivalent term that non-English speakers could understand. It was a great accomplishment in times when there were no official sources in the Spanish-speaking countries; but it is not official and in many instances it uses non-legal or lay terms that are not catalogued in any legislation; and (2) Mexican attorneys want to understand what the interpreter says and at the same time they want to devote their attention and energy to the legal problems of the case, they do not want to spend their energy trying to understand the vocabulary the interpreter is using and they never heard before; in other words: from the interpreter’s perspective adapting to the change is also a business decision.
On May 16 I will take some of the first steps by offering a preconference workshop during the NAJIT Annual Conference in Las Vegas, Nevada. Those who join me will be exposed to the most recent legislative changes by the Mexican government, will hear of the policies that Mexico is adopting to forge ahead with the adversarial system, and will see first-hand how these oral proceedings are conducted over there. I invite you to please share your thoughts on this huge change, and to tell us how you plan to adjust to it; or, if you do not think that you have to change anything you are doing right now, please do not just say that you will continue to do the same, instead, I invite you to explain why you will not adjust to these changes, and how they will not impact the place where you work as a court interpreter.
October 1, 2012 § 2 Comments
As a veteran interpreter I have seen many things, faced numerous obstacles, and solved hundreds of situations such as bad equipment, poor booth location and lack of research materials, noisy courtrooms, difficult accents, and rotten clients. I am sure you had your fair share as well. However, I came to a realization a few weeks ago when I was teaching a seminar in the great State of Texas. I lived in a border state for many years and I had to face the bilingualism problem on a daily basis, but nothing I ever went through compares to the story I am about to tell you:
There is a judge in Houston Criminal Court who has very little regard for her interpreters, this combined with her colossal ignorance of the interpreter profession, of who the officers of the court are , and her self-centered goal of only caring for the next election (because state judges are elected by the voters in Texas) have resulted in a very uncomfortable work environment for our good colleagues.
I lived in New Mexico for many years and I experienced first-hand the constant struggle of interpreting from and into Spanish in a place where most people have an idea of the language and many of them speak it at an average level. It is very difficult to work under these circumstances, especially as a court interpreter because in an environment where the judge, attorneys, clerks, police officers, witnesses, and jurors understand, or think they understand, at least some of what was said in Spanish, puts the interpreter in a place where he or she is constantly on the spot, been “corrected”, receiving unwanted “suggestions”, and sometimes being challenged by one of this so-called Spanish speakers.
There was a case in another state some years ago where a member of the jury, who supposedly spoke Spanish, disapproved of the official interpretation of a witness during a trial and during deliberations informed the other jurors that she spoke Spanish, that she understood what the witness said in Spanish, and that the interpretation had been incorrect. She then told them what in her opinion the witness really said, and that swayed the jury. Because of that comment by the bilingual juror there was a conviction that otherwise would have never existed. Once the circumstances during deliberation were known by the judge and attorneys, the defense filed an appeal that made it all the way up to the State Supreme Court where the conviction was overturned. The reality was that the interpreter had been right all along. The juror did not have the necessary knowledge of the Spanish language to really comprehend what was said and then interpret it into English accordingly (like the interpreter did) In their decision, the Justices clearly indicated that the court, including the jury, has to abide by the official interpretation into English provided by the certified professional court interpreter. That is the record in the case, it is not there to be doubted or debated by other bilingual speakers. As a result of that case judges in that state now read an instruction to the members of the jury clearly telling them to rely on the interpretation and not in what they may believe was said as they are not professionally trained to interpret.
The absolute opposite of what this court decision stated happens every day in this Houston Texas Criminal courtroom. Whenever there is a trial before this judge that requires Spanish interpretation, from the beginning of the proceedings the judge asks the Spanish-speaking jurors to “…let (her) know if something that the interpreter said was wrong… Because (in that case) we’ll try to figure it out, and if we can’t come to an agreement (of what was said) then we’ll get an expert…”
This is what she says with the licensed interpreter (in Texas there are no certified interpreters, they are licensed) present and interpreting to the defendant! Of course, most freelancers now refuse to work for this ignorant “judge”, but the staff interpreters are stuck with her, at least until the next election. Once I heard the story I concluded that no matter how bad we think we have it when doing our job, there is always somebody who has it worse. I would like to see what you think about this situation, and I would love to hear any suggestions you may have for the Houston interpreters who deal with this individual on a daily basis.