A new Spanish Federal Court Interpreter Certification exam: Getting it right.

Dear colleagues:

Several weeks ago, federally certified Spanish court interpreters in the United States received a questionnaire from the Administrative Office of the United States Courts asking for opinions and suggestions for a new version of the certification exam. This was a welcomed move for two reasons: The government is thinking of updating the exam so it reflects the present condition of our society, and they thought about asking those who work in that environment: the Spanish interpreters.

I liked the idea of modernizing the test as a positive step by the USAOC, especially during these uncertain days of an almost post-pandemic America, and the confusion among exam candidates about the oral exam dates with an official version on the AOC website indicating December as the month of the exam, and rumors, and perhaps emails, circulating around stating the exam will be early next year. Now back to the exam:

The new version of the exam needs to continue the same proportions and format of the current versions, including two sight translation exercises: one from English into Spanish involving a quasi-legal document, and one from Spanish into English involving a legal document; two simultaneous interpreting exercises: a monologue in English at a normal speed of 140 words per minute in average, and a bi-directional dialogue of a legal or scientific direct examination of an expert witness at a speed of 160 words per minute in average. Finally, the exam should have one 15-minute-long bi-directional consecutive interpretation exercise with at least two somewhat long segments, at least one “laundry list” of items, and some idiomatic expressions and obscenities.

This means leaving the exam as it is in format, but updating its content to reflect the world where we now live. The exercises must mention technology, update situations and circumstances to reflect concepts like internet, computers, globalization. If the old version of the exam included situations involving a telephone or a typewriter, the new version should replace them with a cellular phone and a computer for example.

The exam needs to test beyond criminal law and procedure, exercises must include civil law and procedure, and some international law that falls under the jurisdiction of the federal judiciary, like extradition proceedings and international child abductions.

More important, the exam needs to mirror social changes, reflect gender equality, and include diversity of speech and culture. English dialogues should not be limited to the English spoken by white Americans; it must include the English spoken by African Americans and Hispanic Americans. It needs to expand its Spanish dialogues and idiomatic expressions beyond Mexico, and encompass not only expressions and cultural references to other Latin American countries, but it also needs to incorporate the Spanish spoken in Spain, and the unique Spanish spoken in the United States.

There are certain things the AOC questionnaire included that, although important, must stay out of this exam.

Legal translation is an important subject, but other than sight translation exercises, a court interpreter certification exam must stay away from testing candidates on translation. Translation is a different profession and it requires different skills, experience, and knowledge. A good number of court interpreters translate, but the government needs to develop a separate translation exam if it wants to certify translation skills. Translation needs writing, it needs an exhausting, extensive, comprehensive exam at the same level as the interpretation exam now offered. You cannot certify a translator through a section of an interpreting exam, and you should not expect interpreters to translate. These are two professions and they need two exams. Those of you who have taken translation exams in college or certification exams such as the one offered by the American Translators Association, know it is impossible to test translation skills by adding a section to a different discipline’s exam. This would not be appropriate as it would misguide on the actual skill level of the candidate, and it would not be fair to the interpreters, who have studied and trained as such, not as translators.

Including a section to test interpreters’ transcription skills was also floated around. Even though transcription may not be considered a different profession the way translation is, it also goes beyond the skills that need to be tested to become a certified court interpreter. It is a reality that federal courts require of transcription services, and some interpreters transcribe wiretaps, telephone calls, police interviews, and other voice and video recorded interactions, but most interpreters do not transcribe; they find it boring, time-consuming, poorly remunerated for the work involved, or they simply dislike it. Unlike consecutive and simultaneous interpretation, it is not part of what makes an individual a court interpreter.

Transcription is a specialized service and should be treated as such. If the Administrative Office of the United States Courts wants to certify transcribers, it should develop a separate test to be offered as an additional exam to those already certified as court interpreters who want to specialize. It cannot be part of an interpreter certification exam, and by the way, it should be remunerated in terms of time spent for a recorded minute, nut lumped with the full or half a day pay interpreters receive from interpreting in court.

Updating the certification exam is an excellent idea. Considering a certification for court translators and court transcribers is also a good point, but commingling these other disciplines with court interpreting is a mistake. There is plenty to be tested in a traditional interpreter certification exam; things could be added and improved without expanding to other professions. Let’s fix the exam, but from the beginning, let’s get it right.

I now invite you to share your ideas about the modernization of the court interpreter exam, and those interpreting modalities you believe must be included.