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 23, 2013 § 18 Comments
I constantly read about all the changes that modernity is bringing to our profession. I read of the new technological developments and I hear the voices of anger and fear from many in our profession. I must tell you that I fully accept and embrace these changes because they make our work easier and better: Who wants to go back to the days before computers and on-line resources when we had to drag along a library to the job? Is there an individual who longs for the days of endless consecutive interpretation before simultaneous interpretation equipment was introduced and developed for the Nuremberg Trials and the United Nations? We need to keep in mind that as interpreters we work with languages, and as all linguists know, a language doesn’t stand still. Language constantly evolves; it reflects our ever-changing human society. It is not like we didn’t know that languages change when we first decided to enter this career. I think that those who complain that there is too much new technology in the world of interpretation, and the interpreters who get angry when a new scientific term is created or the legal terminology of a country changes, should pause and think that it is not only their professional world that is being altered; they should think of all the engineers who gladly embrace new technology for our collective benefit, all the physicians who hurry to learn about the new discoveries published on the most recent science publication, all the attorneys who hit the books to learn the newly enacted legal reforms. I am glad that medical doctors don’t get mad when a new vaccine is announced. I am thankful that they embrace change and learn for the benefit of society. Dear colleagues, our profession is no different, we should face technological changes with the same attitude all other professionals do. And by the way, it is also the right business decision as modernization will not stop, it will not slow down, but it will surely leave us behind if we don’t adjust and embrace it.
Just like many of you, I have been doing more remote interpreting than ever before. At the beginning of my career I had my share of telephonic interpretation for the big agencies as many others did. After I developed my own clientele and as I became better-known I didn’t do much of this work for many years. There were a few exceptions and now and then I did the occasional business negotiation with a foreign counterpart that was done over a speaker phone, the court arraignments by video that some State Courts in the U.S. have been doing for about a decade, and the depositions by video with an attorney asking questions from a different location. Then we get the economic crisis and the need to rethink procedures to save money during difficult times. This is when a few years ago the immigration courts began to hold master hearings by video from the detention centers, and the federal court system decided to implement the Telephone Interpreting Program (TIP) now widely used to cover most of the outline areas of the United States.
Of course, I have done all of the above assignments and I am familiar with the technology employed, but we were still talking about events where the job was to interpret for one person, usually for a short period of time, generally in regard to a single topic well-known by the interpreter, and with the parties sitting down around a speaker phone or in front of a PC-type video camera. It was when I started to get requests to do conference interpreting from a facility different from the site of the event that I understood that the trend was irreversible. If I wanted to stay relevant I had to adapt.
I went down career memory lane to my previous assignments and selected those elements that I had learned doing all the jobs mentioned above. As I was doing it, I began to remember other experiences that would be helpful: Broadcast interpretation of live TV events that I did in the past such as award ceremonies, presidential debates, and political conventions came to mind. These were assignments that I had worked aided by a TV monitor and oftentimes from a different studio and even a different location after all.
Remote conference interpreting has been around for some time and it continues to grow. I have been able to solve some of my concerns as I have worked more of these assignments. It is obvious that a good sound system and a great technician are key to a successful remote interpretation. I have also learned that the broadcast quality is as important as the sound equipment. Sometimes the equipment is fine, but if the broadcast is poor you will suffer in the booth (or studio) and sometimes it is up to the events going on in the Solar System. Once I had a hard time on an assignment in the United States where the presenter was appearing by video from Scotland. Due to some solar flares affecting earth the transatlantic broadcast was choppy and the image and sound were very poor.
It is important to mention that remote conference interpreting is very appealing for our clients because it will always be more cost-effective than flying a bunch of interpreters to an event, paying for their hotel, ground transportation, meals, and travel time. It also benefits the interpreter as it allows us to do more work without so many travel days, and it puts us on a global market since the interpreter’s physical location will matter less. You can go from one job to another and still sleep at home. You can even do two half-day events on the same day.
At the beginning one of my biggest reservations about remote conference interpreting was that I would not be able to see the speaker or the power point on the screen whenever I wanted, or even worse, that I would never see those asking questions from the audience. Like many interpreters, sometimes I relay on facial expressions to determine meaning and to understand difficult accents. I have learned that the solution to all of these concerns can be found on the camera director. This is the person who sits in the video truck or the video room and switches from one camera to another. A good conversation with the director and his camera operators on the day before the conference starts can be extremely helpful. I have explained to them the importance of seeing the power point on the screen when the speaker changes slides, the advantage of seeing the speaker as he addresses the audience, and the absolute need of having on screen the person asking a question while he is speaking. This has made my life so much easier!
Of course, not all directors are the same, some are better than others (as I recently learned during an event on the west coast when the director did not work one weekday and the interpreters noticed it immediately, even before we were told that we had a different director for one day) and there are certain things that we miss with remote interpreting (like a world-class chefs’ cooking event I did last year where there were constant references to the smell of food that we could not experience from a different location) but I am confident that as technology advances, we as interpreters prepare better for this new challenges, and the market leaves us no other work alternative, the wrinkles will be ironed and we will be praising remote conference interpreting just as we now do with simultaneous over consecutive. I would love to read your opinions and experiences regarding this very important professional issue.