January 24, 2019 § 3 Comments
2018 was a great year for many of us. Many of you developed professionally and became better at what you do. I congratulate you for that important achievement; unfortunately, competitors are still out there, languages are still changing, technology continues to improve, and clients (agencies or direct corporations) will pay for what they need but are looking for the best service at the best price. The question is: How do we adapt to reality, keep up with technology, and improve our service? The answer is complex and it includes many issues. Like every January, at the dawn of a new year, the time for planning activities, and programming agendas, we will concentrate on one of them: Professional development.
It is practically impossible to beat the competition, command a high professional fee, and have a satisfied client who does not want to have anything to do with any other interpreter but you, unless you can deliver quality interpreting and state-of-the-art technology. We need to be better interpreters. We must study, we must practice our craft, we should have a peer support network (those colleagues you call when in doubt about a term, a client or grammar) and we must attend professional conferences.
I find immense value in professional conferences because you learn from the workshops and presentations, you network with colleagues and friends, and you discover what is happening out in the very competitive world of interpreting. Fortunately, there are many professional conferences all year long and all over the world. Fortunately (for many of us) attending a professional conference is tax deductible in our respective countries. Unfortunately, there are so many attractive conferences and we must choose where to go. I understand that some of you may attend one conference per year or maybe your policy is to go to conferences offered near your home base. I also know that many of you have professional agendas that may keep you from attending a particular event even if you wanted to be there. I applaud all organizations and individuals who put together a conference. I salute all presenters and support staff that makes a conference possible, and I wish I could attend them all.
Because this is impossible, I decided to share with all of you the 2019 conferences I am determined to attend. In other years I have attended more conferences than the ones on my list, last-minute changing circumstances and personal commitments let me go to events I had not planned to attend at the beginning of the year. Besides great content and first-class presenters, when I attend a conference, I consider other elements that, in my opinion, are as relevant as content and presenter quality. I do not attend conferences organized by entities (individuals or agencies) who strategically put together great content and top-notch presenters to attract interpreters for the purpose of directly or indirectly recruit them to work for low fees and deplorable work conditions. I do not go to conferences organized, or partly organized, by individuals or agencies well-known for paying low fees and treating interpreters as medieval serfs or commodities in their so-called “industry”. With one exception (and you can discover the reasons) I do not participate in conferences with side shows such as trade shows and corporate members who directly oppose the interests and well-being of professional interpreters and translators; and you will never find me at events co-sponsored by entities (individuals or agencies) who are attempting to create a favorable image in new markets to enter said markets and lower the standards by imposing their practices in the new countries they intend to profit from. My money will not go to these corporations and individuals, regardless of the show they bring to town. I will not do it.
As of today, the conferences I plan to attend this year are:
The First Africa International Translation Conference in Nairobi, Kenya (February 8-9). I will attend this conference because I want to be part of history and support the tremendous efforts of our often forgotten African colleagues. They have put together a program with excellent presenters, interesting topics, and the potential of networking with so many colleagues that do not go to many events in Europe or the United States. If you are an interpreter, translator, proof-reader, linguist, teacher, or you just love languages and cultures, this is an event you need to attend.
The Institute of Translation and Interpreting (ITI) Conference in Sheffield, U.K. (May 10-11). The ITI conference is the biggest professional conference for interpreters and translators in the United Kingdom. This event does not happen every year, and the two-year wait is worth it. Those who live in the United States should travel to Sheffield and hear presenters who do not travel to the events in the Americas. The conference will have a track dedicated to interpreting issues. You can also enjoy the invaluable experience of learning about the problems our colleagues are facing across the Atlantic, and hopefully learn from the strategy they resorted to solve a problem that could be similar (sometimes identical) to a situation we may be fighting in the United States at this time. I hope to see many of my American and European friends and colleagues at this event.
The National Association of Judiciary Interpreters and Translators (NAJIT) Conference in Nashville, TN (May 17-19). Because of the size of the event, and its content, NAJIT offers the premier conference for judiciary interpreters and translator, in the United States, and I dare to say anywhere. This event covers legal interpreting from all angles: court, out of court, ethics, business, domestic and international, and many others. It also deals with legal translation and transcription topics no other conference covers. The association went through a bumpy ride that in my opinion affected its credibility and ability to represent the common professional interests of the legal interpreter and translator community, but after a successful election, and with a new Board, that is now in the past. I am looking forward to a great conference in one of the most spectacular cities in the United States.
Quinto Encuentro Internacional de Traductores dentro de la Feria Universitaria del Libro (FUL) in Pachuca, Mexico (August 30-31). I have attended this conference from its inception and it is bigger and better every year. This conference centers on a topic every year and 2019 will offer interpreting and translation workshops and presentations related to human rights. I like this event because of the many students from several Mexican States. Most conferences are attended by professional colleagues with years of experience, but this “encuentro” is attended by bus loads of translation, interpreting, and other language-related colleges and universities from the hone-state of Hidalgo and surrounding States. It is also known for its broad coverage of issues rarely covered by other conferences such as indigenous languages, political rights, and others. The conference takes place within the International University Book Fair (FUL) and this gives it a unique atmosphere. If you live in Mexico, I encourage you to attend this event.
American Translators Association ATA 60 Conference in Palm Springs, CA (October 23-26). Every year, the American Translators Association puts the biggest show on earth. More presentations to choose from, more attendees, and a great chance to see old friends and make new ones. Besides the content of its presentations and workshops, this conference includes other events I am not a fan of under the same roof: they do a trade show and provide a space for many multinational agencies to approach and convince interpreters and translators to work for laughable fees and conditions. These sore spots should not keep professional interpreters from attending the honest academic portions of the event. To take advantage of the conference without being exposed to the many predators that attend every year in agencies, vendors, and “well-intentioned colleagues”, I pick my activities carefully, never losing sight of those in attendance who want to destroy our profession and turn it into an industry of commodities. With that warning, and despite the difficulties to reach Palm Springs for most of our colleagues from around the world, go to Palm Springs and enjoy the conference, vote for Board members who do not put corporate members over individual interpreters and translators, and have a great time with your friends.
XXIII Translation and Interpreting Congress San Jerónimo (FIL/OMT) in Guadalajara, Mexico (November 23-24) Every year the Mexican Translators Association (OMT) puts together a magnificent program featuring well-known presenters from all over the world. Coming from a very successful sold-out XXI Congress, the 2019 edition will have workshops and presentations in varied, useful, and trending topics. This is the activity to attend this year for those colleagues who work with the Spanish language. Extra added bonus: The Congress is held in the same venue (Expo Guadalajara) and at the same time as the International Book Fair, one of the largest in the Spanish language world. Besides the professional sessions, attendees can also stroll up and down the immense fairgrounds, purchase books, listen to some or the most renowned authors in the world, or just window shop between sessions. Other events may appear from time to time, but this remains, by far, the premier translation and interpreting event in Mexico.
I know the choice is difficult, and some of you may have reservations about professional gatherings like the ones I covered above. I also know of other very good conferences all over the world, some of the best are local, regional, and national events; others are specialized conferences tailored to a certain field of our profession. I would love to attend many but I cannot. Some of you will probably read this post in a group or website of an association whose conference I will not attend this year, you will probably see me at other conferences not even mentioned here; that is likely. To those I cannot attend this year: I wish you success and productive conferences. Remember, the world of interpreting is more competitive every day and you will need an edge to beat the competition. That advantage might be what you learned at one conference, or whom you met while at the convention. Please kindly share your thoughts and let us know what local, national or international conference or conferences you plan to attend in 2019.
October 31, 2018 § Leave a comment
Dear friends and colleagues:
Every year, Halloween is celebrated in more countries around the world and the interpreters’ booth is no exception. During the last week of October our conversations between assignments turn to traditions from our different countries, and many include food. I have been fortunate to try many wonderful dishes served during this season in different corners of our planet, and I thank my many friends, colleagues, and even clients who have contributed to my cultural-culinary education. This is a list of some of the most popular, and tastier Halloween foods, that came from other nations and traditions to the United States:
Pan de muerto (Mexico). Traditionally baked in the days leading to the Day of the Dead (Día de Muertos), ‘bread of the dead’ is a soft, sweet bread roll. It’s sometimes decorated with bone-shaped dough on top and is eaten in Mexican homes and next to a loved one’s grave to celebrate their memory. Depending on the region, it can also be flavored with orange-flower water, anise seeds or other ingredients.
Pão-por-Deus (Portugal). Pão-de-Deus (‘bread of God’) or Soul Cake is a small, round treat. People usually eat it on All Saints’ Day (Dia de Todos-os-Santos) on 1 November. The ingredients are: raisins, currants and spices such as ginger, nutmeg and cinnamon. In Portugal, people give pão-de-Deus to children and the poor, who go from door-to-door singing and saying prayers for the dead. Soul cakes are also shared in other countries. Some say this practice might be the origin of trick-or-treating.
Dolci dei morti (Italy). Often called fave dei morti (‘beans of the dead’), Italian families eat these little chewy biscuits on All Souls’ Day (Commemorazione dei defunti) on 2 November. The ingredients: Ground almonds, pine nuts, cinnamon and lemon zest.
Huesos de santo (Spain). Long, white, tube-shaped ‘saint’s bones’ are made from marzipan (an almond paste). Spanish people eat them around All Saints’ Day or Día de Todos los Santos. Expect various fillings and plenty of syrup covering them.
Candy apples (United States) / Toffee apples (United Kingdom). Although store packaged candy has taken over in America, perhaps the most well-known traditional Halloween snack is the candy apple (in the US) or toffee apple (in the UK). The apples have a sugar syrup coating, sometimes with an extra layer or nuts or other sweet decorations.
Guagua de pan (Ecuador). These “bread babies” are sweet rolls molded and decorated to look like small children. They are part of the Day of the Dead tradition, often made of wheat and sometimes filled with sweet jelly. They may be exchanged as gifts between families and friends or used ceremonially.
Soul cakes (England). These sweet, round cakes were traditionally given out in England and Ireland on All Saints Day or All Souls’ Day during the Middle Ages to those who went door-to-door saying prayers for the dead in what may be the forerunner to today’s trick-or-treating. They can be made with raisins and currents and aromatic spices like allspice, nutmeg, cinnamon and ginger.
Barm Brack (Ireland). On All Hallows’ Eve, you might enjoy some freshly baked barm brack. It is also called Bairín Breac, Barmbrack or often shortened to brack, is a yeasted bread with added sultanas and raisins. Usually sold in flattened rounds, it is often served toasted with butter along with a cup of tea in the afternoon. The dough is sweeter than sandwich bread, but not as rich as cake. The sultanas and raisins add flavor and texture to the final product. The Halloween Brack traditionally contained various objects baked into the bread and was a sort of fortune-telling game. In the barmbrack were: a pea, a stick, a piece of cloth, a small coin (originally a silver sixpence) and a ring. Each item, when received in the slice, was supposed to carry a meaning to the person concerned: the pea, the person would not marry that year; the stick, would have an unhappy marriage or continually be in disputes; the cloth or rag, would have bad luck or be poor; the coin, would enjoy good fortune or be rich; and the ring, would be wed within the year. Other articles added to the brack include a medallion, usually of the Virgin Mary to symbolize going into the priesthood or to the Nuns, although this tradition is not widely continued in the present day. Commercially produced barmbracks for the Halloween market still include a toy ring.
Colcannon (Ireland). It is traditionally made from mashed potatoes and kale (or cabbage), with milk, butter, salt and pepper. It can contain other ingredients such as scallions, leeks, onions and chives. There are many regional variations of this dish. It is often eaten with boiled ham or bacon. An Irish Halloween tradition is to serve colcannon with a ring and a thimble hidden in the dish. Prizes of small coins such as threepenny or sixpenny bits were also concealed inside the dish.
Fiambre (Guatemala). It is a Guatemalan dish prepared once a year on November 1st for the Dia de los Santos or All Saints Day, a celebration that takes place one day before the Dia de los Muertos. Each family has their own recipe for fiambre which is usually passed on from generation to generation. There are different kinds: white, red and divoriciado in which all the ingredients are left separated and each person picks what they want. Fiambre must be prepared at least one day before serving and marinated in sauce blend of vinegar and other ingredients called the caldillo. Many people add fish and even shrimp. The day you wish to serve the fiambre, place a lettuce leaf on a plate, arrange a layer of the veggie mixture and then add a layer of the meats and cheeses. Repeat at least once and decorate with pimientos, sliced cheese, asparagus, baby corn, radishes, olives, and boiled eggs. Serve chilled.
Please share your traditional food for Halloween, All Saints Day, or Day of the Dead, and I hope you enjoy your family recipe, celebrate your cultural heritage, and honor those who are no longer with you. Happy Halloween!
September 17, 2018 § 2 Comments
Imagine having to support a family when you are unemployed, poor, desperate, living in a country torn by war, ruled by a despot. Then one day, somebody tells you that, because you speak a foreign language, you can become an interpreter for a foreign army. You are told that you will be paid for that service, and after the war, this foreign government will take you and your family to their country where you will be safe from retaliation, and will live a better life. Those of us living in a western nation cannot even imagine that situation, much less the ray of hope it means to many humans who live in that reality. This is the story, and the dilemma, of a conflict-zone interpreter.
You just noticed that today’s post is about interpreters in conflict zones. Please do not go away! I know most of you access this blog to read and debate topics related to conference, court, healthcare or community interpreting. Today please read this post from beginning to end, show your determination to defend the profession, and do something that will make you feel good as a human.
Throughout history, explorers, conquerors, traders, religious missionaries, and all others who found themselves in a foreign land where they did not understand the local language have used interpreters to accomplish their mission. Often, these interpreters have been local individuals who spoke both, the foreign and domestic languages, and with no formal training, but armed with their natural skills, and some powerful motivation, provided their able services even when it meant risking their lives and the lives of their loved ones. From Malintzin to Squanto, Boubou Penda to Luis de Torres, these interpreters, our colleagues, have contributed to the history of civilization providing a bridge that made communication possible when peoples did not speak the same language.
These interpreters have been essential in all armed conflicts: invasions, liberations, occupations, and peace negotiations. Many in recent history, like the Navajo Code-Talkers who serve the United States armed forces during World War II. Others, anonymously participating in conflict zones like Vietnam, Operation Desert Storm, and the Bosnian War.
Western nations have benefited, and still do, of the services of interpreters in conflict zones who assist military forces and civilian contractors in places like Africa and the Middle East.
From the start of the war in Afghanistan, and the U.S.-led invasion of Iraq, western nations participating in those conflicts scouted those two countries looking for local women and men who spoke the local language and that of the western country. The United States, United Kingdom, Canada, Australia, Spain, France, and others, recruited bilingual individuals, often with a professional education background (doctors, teachers, engineers) who had no employment due to the armed conflict or because of their political opinions, ethnic group, or religious beliefs. Some had openly opposed the local regimes and were personae non gratae in the eyes of the despot in charge of government, others quietly disagreed with the way their countries were governed, afraid to say anything the authorities could perceive as treacherous. Others’ sole motivation was to feed their families.
All these courageous humans knew what they were risking by helping the West. Besides the tremendous danger of being in a theater of operations in Iraq and Afghanistan where they could be killed during a fire exchange, and ambush, or by an improvised explosive device (IED), they knew the consequences if caught. Their execution, and that of their immediate family members was a reality they faced every day the worked with the foreign armed forces and independent defense contractors in their countries. These were (and are) brave and courageous individuals. They also knew that all armed conflicts have a beginning and an end. They recognized the dangers they would face after the foreign troops left their countries. They knew their families, even if not involved in the armed conflict, would face the same consequences. To stay behind after the Western armed forces left would be a death sentence.
The United States and all of its allies were aware of this reality. They knew the only way to recruit much needed interpreters and translators was promising they would not be left behind. These conflict zone interpreters got assurances from the western governments they served that when the time to withdraw their troops came, they, and their immediate families would be taken to their countries to start a new life free from death threats and other retaliatory actions. In other words: conflict zone interpreters agreed to provide their services and the western nations promised they would take them to the United States, United Kingdom, Canada, Australia, Spain, France, and all other countries to use interpreting services for military and civilian personnel. As we know, the troops withdrew from these countries, but many interpreters continue to wait for an entry visa to the country that promised to take them. Interpreters have been admitted to these western countries, but it has been a fraction. Many of those who have moved to their new countries endured a lengthy and cumbersome process. During this time, as expected, many conflict zones interpreters, and their family members, have been executed as traitors back home while waiting for a visa.
These interpreters, our colleagues, did their part, they rendered the service facing tremendous risk and unimaginable working conditions. They were essential to accomplish a mission; through their work they saved many western and local lives. The West has not honored its word.
This is not a political post, and I am not arguing for or against the admission of refugees in any country. I understand there are very solid arguments for and against admitting refugees. I am not endorsing or condemning the armed conflicts in Afghanistan and Iraq either. Solely this post invites you all, interpreters and translators worldwide, regardless of your political persuasion, religious beliefs, or immigration stands, to join to protect the profession by supporting our conflict zone colleagues, just like attorneys help each other, as Marines leave no one behind. We need to raise our voice and tell the governments of those western nations who made a promise to these interpreters when they needed them, to walk the walk and deliver. We need them to know that we know, and we need to push for an expedient visa issuance system for these colleagues. Countries who break promises look bad and lose credibility. Interpreters who believed their promise continue to die while government authorities drag their feet motivated by politics instead of integrity.
Through my work as a civilian interpreter with the armed forces and defense contractors, and as an interpreter trainer, I have met several military and conflict zone interpreters who have served in different places. I have heard from them some horror stories of killings, kidnappings, rapes, and beatings. I have gotten to know many as friends and colleagues. I have met their families. I have also heard the tales of those less-fortunate still risking their lives while they wait for an answer from the West.
I also recognize the amazing, tireless, work of Red T, its compassionate and courageous CEO Maya Hess who I have the privilege to know personally, and the professional associations that support its efforts and share its values: The International Association of Conference Interpreters (AIIC) The International Federation of Translators (FIT) and many of its member organizations; The International Association of Professional Translators and Interpreters (IAPTI); Critical Link International, The International Council for the Development of Community Interpreting (CLI); and the World Association for Sign Language Interpreters (WASLI). Some time ago during the IAPTI Congress in Bordeaux France, I had the opportunity to hear Maya’s passionate description of their efforts to raise awareness and to get a United Nations declaration of legal and physical protection for translators and interpreters in conflict zones. On that occasion, she was joined by another fighter for protecting these colleagues: Linda Fitchett, Chair, Conflict Zone Group, AIIC. Just this Spring I had the opportunity to hear Maya once again, this time in Zaragoza Spain during ASETRAD Congress where she spoke before a big crowd of interpreters and translators, and was joined by some conflict zone interpreters for a round table discussion. On that occasion, ASETRAD conferred honorary membership to Red T. To learn more about Red T and to support their campaigns, please visit: www.red-t.org
My motivation to write this post at this time has to do with the Congressional elections in the United States this November. On November 6, Americans will vote to elect one third of the members of the U.S. Senate (according to the U.S. Constitution, the Senate renews its membership one-third at a time every two years) and for all the members of the House of Representatives. Political campaigns just started last week and all candidates will visit your hometown, attend townhall meetings, debate their opponents, pay attention to your phone calls, and read your mail.
This is the time to tell your senators and representatives running for office that as a professional interpreter or translator, and as an American who values your country’s word and promises, that you want them to pass an increase on Special Immigrant Visa numbers (SIV) for conflict zone interpreters and their families, and to expedite the visa processing times, at least to comply with the nine-month limit in the books which has not been observed. During the last 2 years the number of SIV approvals has declined and the process has seen considerable delays. The official argument is the security background checks. It is understandable and desirable that the government carefully review case by case, but it is also necessary that authorities consider previous background checks and past performance. Remember, these interpreters already worked with members of the U.S. Armed Forces and risked their lives to do their job. Please call the candidates’ campaign headquarters, your Senate and Congressional Offices back home and in Washington, D.C., and support our colleagues. I guarantee you will feel better afterwards.
Regardless of where you live, contact your U.S. Representative. Remember: They are all up for reelection. Please contact your Senate candidates if you live in these States:
To contact the U.S. House of Representatives, go to https://www.house.gov/representatives
To contact the U.S. Senate, visit: https://www.senate.gov/reference/
If you do not leave in the United States, please contact the office of your President, Prime Minister, or Head of Government. You can also visit Red T to sign the petitions.
Remembering that no political debate will be allowed, I now invite you to share with you your experiences as a conflict zone interpreter, or your ideas on how to press Congress and foreign governments to live up to their promise to our colleagues: the conflict zone interpreters.
May 21, 2018 § 16 Comments
With all the noise and frustration surrounding the oral federal court interpreter examination fiasco, we have overlooked a group of colleagues left out in the cold with no updates and plenty of confusion: The candidates studying to take the written federal court interpreter certification exam scheduled for the summer or 2018. The Administrative Office of the United States Courts (AO) has been silent for many months and interpreters are concerned, puzzled, and they do not know what to do.
The AO’s official website redirects you to Paradigm’s webpage which shows this message: “Written examination registration dates will be announced in the spring of 2018, test locations will be announced at that time.”
This message has remained intact for months; no updates, no explanations, no changes.
In the weeks since my last widely read post on the oral exam, and despite all the comments by those who took the test in 2017, many federally certified court interpreters, and colleagues in general, raising serious concerns everywhere in social media about the judgment of those AO officials who hired Paradigm, and the lack of transparency and accountability after the administration of the test, the authorities who oversee the administration of the exam have done nothing to keep those who plan to take the written test during the summer of 2018 informed.
Apparently, silence continues to be the only policy coming from the federal judiciary. Our colleagues who plan to take the written exam do not know what to do. They do not even know if they should stop studying. Because from the lack of information they cannot even tell if there will be a written exam this year.
We do not even know for sure if the AO has severed its ties with Paradigm. There has been no official notice, and their own website continues to redirect all users who want information on the written exam to Paradigm’s website which shows outdated information where it claims that registration dates “…will be announced in the spring of 2018…” If this information is valid as of today, they better hurry up and publish the information before spring is no more.
I cannot help it but feel sorry for those whose lives have been on hold for several weeks while they wait to find out the exam dates and locations in order to make personal and professional arrangements to travel to the test sites.
If the exam has been postponed until further notice, please tell the interpreting community; if Paradigm is no longer the contractor for the written exam, please tell the interpreter community; if no details can be shared at this time because of pending litigation, please tell the interpreter community; If the negligent administration of the oral exam in 2017, and the decision to retest so many people will push the written exam into 2019, and if this will disrupt the regular 2-year cycles of both oral and written exams, please tell the interpreter community.
This will make you look better and it will be a way to begin the road to recover credibility and trust. Remember, it is about transparency and accountability. Those at the AO must never forget they are the government. Those with the misfortune to take the oral test last year, and the ones suffering the uncertainty of the written test right now are the taxpayers.
We cannot lose sight of this unquestionable reality; dear friends and colleagues, we are protecting the profession, but we are also exercising our rights. To the handful of colleagues who feel intimidated by those who argue that the certification is not an entitlement and try to mask ineptitude and negligence when hiring Paradigm as a “technical difficulty”: Perhaps when you work within the government system for a long time you think that the federal government is some kind of a magnanimous god who favors court interpreters, also U.S. citizens, by granting them a certification. Do not be distracted by comments like the ones above. The real issue is transparency and accountability. The AO should come clean and explain why they hired Paradigm, admit fault, apologize, and communicate the way they plan to remedy this chaos, not only by telling those who took the exam they will now have a chance to retest. They must talk to those who want to take the written exam, and to the professional community.
Threats about pulling the exam are awful, distasteful, and baseless. The government cannot force the professional community into silence by threatening cancellation of the Spanish federal court interpreter certification program. They have not, and will not. These comments never came from an official source and should confuse no one. Navajo and Haitian-Creole certification programs were scratched because of docket and financial reasons. Spanish is used in all U.S. courts more than all other foreign languages combined. There is no rational justification to do something like that, so please ignore these rumors.
It is also important to remember that almost nobody who takes the federal court interpreter exam wants a guarantee to work in court. Sometimes staff court interpreters must be reminded that a federal certification is a means to prove skill and knowledge to many clients. The majority of the high-income earner interpreters I know make the bulk of their fees outside of court and work with a district court, making far less money, when they have no other assignment, or for personal reasons. A candidate who pays a fee to take a test has a right to demand performance in exchange for the fee. It is a service based on contractual obligations.
It is also of concern that people who are involved with voicing NAJIT’s policy or opinions have stated that this association with many members who took the oral test, who are waiting to take the written test, and who are voicing their anger with the way the AO has performed during this crisis, can claim that the Association has “no dog in that fight”. To be fair, this unfortunate comment came not from NAJIT’s Board and it has not been endorsed by the Association either.
Dear friends and colleagues, those of us who did not take the exam because we are already certified, or because our working languages do not include Spanish, or even those who practice our profession in other fields with nothing to do with the court system have a duty to defend and protect the profession, and a right to support our colleagues who were, and continue to be, affected by this negligent and careless actions. Resorting to smoke and mirrors like injecting Seltzer v. Foley is just a diversion tactic that will not work. That case questioned the rating criteria of the written exam; here the question is the ineptitude and negligence of those who hired Paradigm as the contractor in charge of administering the test, and the actions taken after the fact. Nobody has questioned the validity of the exam, nor the integrity of the raters. I have even said that I do not believe there was bad faith or the deliberate intent to cause harm by AO officials. All we are arguing is apparent negligence and ineptitude, and for that we are demanding transparency and accountability.
Implying that I have questioned the validity of the exam or the integrity of the raters only shows those who claim such things, and argue that people are angry because they did not pass the exam (even though no test results were out when these claims circulated in social media) have spread rumors without reading my posts.
Just like in other cases before: accreditation vs. certification of healthcare interpreters, exploitation of immigration court interpreters by a new language contractor, the court interpreter fiasco in the United Kingdom, the contractual and managing problems of the court interpreter program in New Mexico, abandoning the interpreters in conflict zones by Western Nations, the exploitation of telephonic interpreters by unscrupulous VRI service providers, and many others, I have no vested personal interest in these cases; it is nothing personal against government officials, language services agency owners, or professional associations; I just stand up, and will continue to stand up for the profession. I now ask you to share your comments on the written federal court interpreter exam of 2018. Please remember, personal attacks, disqualifications, foul language and surrogate defense of Paradigm, NAJIT, or the AO will not be posted.
January 1, 2018 § 6 Comments
Now that 2017 is ending and we are working towards a fruitful and meaningful 2018, it is time to assess what we learned during the past 12 months. As interpreters we are constantly learning, and from talking to many of my colleagues, 2017 was packed with learning opportunities. The year that ends gave me once again the opportunity to work with magnificent interpreters and many of my dearest colleagues.
Our profession had positive developments this year: The International Federation of Translators (FIT) held a very successful conference in Brisbane, Australia where those of us in attendance could see many friends and colleagues advancing our professions throughout the world. It was personally very instructive, and inspiring, to see how interpreting services in Aboriginal languages and Sign Language interpreting in many languages have grown and developed In many countries. I witnessed how the interpreting profession has moved forward in Mexico, as evidenced by the Organización Mexicana de Traductores’ (Mexican Translators Association, OMT) very successful conference in Guadalajara, The Autonomous University of Hidalgo’s University Book Fair and content-rich conference in Pachuca, and the very inspiring second court interpreter workshop and conference for Mexican Sign Language (LSM) that took place in Mexico City with the tremendous backing of the Mexican judiciary. The International Association of Professional Translators and Interpreters brought its world congress to the Americas for the first time, and the decision could not be better: An unprecedented number of colleagues from North and South America attended the event and benefited from IAPTI’s philosophy and the quality of the presentations in beautiful Buenos Aires. This, and the workshops and talks I gave in Mexico to colleagues and students, including a very special invitation to the Autonomous University of Guadalajara (UAG) have helped me understand why the profession is growing south of the border, successfully taking the challenge by their government’s total revamp of their judicial process. I also could participate in other professional conferences and seminars of tremendous level where I was honored to share experiences and exchange ideas with many professional colleagues. Thank you to all my colleagues who attended my presentations, workshops and seminars in Querétaro, Mexico City, Charlotte, San Antonio, Buenos Aires, Washington, D.C., Brisbane, Pachuca, Montevideo, Guadalajara, Seattle, Chicago, La Paz, and Baltimore. It was a pleasure to spend time with all of you in 2017.
The year that ends in a few days saw the growth of our profession in the healthcare field. Remote Simultaneous Interpreting (RSI) had a landmark year as it listened to the professional conference interpreters and treated them with respect in both, labor conditions and professional fees. It also defined itself and marked an important distinction between the quality of Remote simultaneous interpreting (RSI) and video remote interpreting (VRI) the “industry’s” option. Once again, I noticed the growth of our profession in Africa where our friends and colleagues held several professional events.
Unfortunately, not everything was good. Our court and healthcare interpreter colleagues in the United States continued their fight against “peer” mediocrity, government ignorance, and agency greed. 2017 saw the biggest shift in American foreign policy in decades and this affected our profession. Events held in the United States for many straight years left for other countries because of the uncertainty of American immigration policy. It is very difficult to plan a big conference and invest a lot of money, without the certainty that attendees from certain countries will be admitted to the United States for the event. International government programs that require of interpreting services was at an unprecedented low, and changes of personnel in the administration, at all levels, impacted the work available to interpreters in the diplomatic and international trade arena.
Apparently some bad situations remain alive, like the one suffered by the state-level court interpreters in New Mexico, and other court interpreters in some American east coast states. These colleagues continue to fight against low pay, deplorable working conditions, favoritism, ignorant government program administrators, and other problems. Some European countries, like Spain and the United Kingdom, continue to fight low quality translation and interpreting services in the legal arena.
Once again, interpreters around the world faced attempts from special interest groups to erode our profession by lowering professional standards and creating questionable certification programs, the multi-national language agencies continued to push telephone interpreting whenever, and wherever they can, offering rock-bottom per minute fees to the interpreters. Some board members in one professional translator and interpreter association maneuvered to oust two of the most valuable and recognized members of our professional community, and this jury (me) is still out on the question of the future of the association.
On a personal positive note, 2017 was the year when a long-time goal was reached: with my distinguished friends and colleagues, María del Carmen Carreón and Daniel Maya, we published the first ever text on court interpreting in Mexico within the new legal system the country recently adopted. The publication: “Manual del Intérprete Judicial en México” has been embraced by interpreters, judges, and attorneys throughout Mexico, and so far, the sales are handsome in many Spanish-speaking countries.
Of course, no year can be one hundred percent pariah-safe, so we had our “regulars” just like every single year: 2017 was full of para-interpreters trying to “take over” the market by charging laughable fees under shameful working conditions in exchange for miserable services.
As you can see, dear friends and colleagues, much changed and much stayed the same. I think that there were more good things than bad ones, but I continue to be aware of the awesome problems we still face as a profession from threats that come from without and within. I now invite you to share with the rest of us your learned lessons (good and bad) of 2017.
I wish a Happy and Productive New Year to all my friends and colleagues!
January 5, 2017 § 7 Comments
2016 was a great year for many of us. Quite a few of you developed professionally and became better at what you do. I congratulate you for that important achievement; unfortunately, competitors are still out there, languages are still changing, technology continues to improve, and clients (agencies or direct corporations) are willing to pay for what they need but are looking for the best service at the best possible price. The question is: How do we adapt to reality, keep up with technology, and improve our service? The answer is complex and it includes many different issues that have to be addressed. Today, at the dawn of a new year, the time for planning activities, and programming agendas, we will concentrate on one of them: Professional development.
It is practically impossible to beat the competition, command a high professional fee, and have a satisfied client who does not want to have anything to do with any other interpreter but you, unless you can deliver quality interpreting and state-of-the-art technology. In other words, we need to be better interpreters. We need to study, we have to practice our craft, we should have a peer support network (those colleagues you call when in doubt about a term, a client or grammar) and we need to attend professional conferences.
I personally find immense value in professional conferences because you learn from the workshops and presentations, you network with colleagues and friends, and you find out what is happening out there in the very competitive world of interpreting. Fortunately there are many professional conferences all year long and all over the world. Fortunately (for many of us) attending a professional conference is tax deductible in our respective countries. Unfortunately there are so many attractive conferences and we have to pick and choose where to go. I understand that some of you may decide to attend one conference per year or maybe your policy is to go to conferences that are offered near your home base. I also know that many of you have professional agendas that may keep you from attending a particular event even if you wanted to be there. I applaud all organizations and individuals who put together a conference. I salute all presenters and support staff that makes a conference possible, and I wish I could attend them all.
Because this is impossible, I decided to share with all of you the 2017 conferences that I am determined to attend:
The International Association of Professional Translators and Interpreters (IAPTI) Annual Conference in Buenos Aires, Argentina (April 22-23). I go to this conference because it is IAPTI. Because it is about us, the interpreters and translators! This conference, and this organization for that matter, presents a unique point of view of our profession that I consider priceless. It is the only international conference of this size where there are no corporate sponsors. All you see is translators and interpreters like you. Some of the results of this innovative approach are that the conference attracts a very important group of colleagues that stay away from other events because they are bothered by the corporate presence. This is the conference to attend if you want to learn how to deal with agencies, corporate clients and governments, because the absence of all those other players fosters this dialogue. You can attend the presentations and workshops knowing that no presenter is there to sell you anything and that is fun to have at least once a year. Extra added bonus: Beautiful Buenos Aires! I am personally delighted that IAPTI decided to take its conference to Latin America where so many colleagues need these events.
The National Association of Judiciary Interpreters and Translators (NAJIT) Annual Conference in Washington, D.C. (May 19-21) I am determined to be in Washington, D.C. in May for the largest judiciary and legal interpreter and translator gathering anywhere in the world. This conference lets me have an accurate idea of the changes in this area that is so important for our profession in the United States. It is a unique event because everybody shares the same field and you get to see and network with colleagues that do not attend other non-court interpreting conferences. Extra added bonus: As the capital of the United States, Washington, D.C. offers interpreters and translators the opportunity to physically see where it all happens: the government institutions and agencies, monuments, museums, and the federal court system: History and the law!
International Federation of Translators (FIT) XXI World Congress in Brisbane, Australia (August 3-5) This is an excellent event to attend for several reasons: It is an international meeting of professionals who actually live all over the world. There are other big events where interpreters and translators from many countries get together, but most of them live in the United States or the United Kingdom; at the FIT World Congress most of the professionals attending the event will be coming from their respective countries, bringing along different perspectives, points of view, and first-hand information on the status of the profession somewhere different from the country where you live. Extra added bonus: Despite the long trip for most of us, the central theme of the congress is “Disruption and Diversification”. Enough said: This are issues that affect all of us and should be near and dear to the heart of all professional interpreters and translators.
XXI Translation and Interpreting Congress San Jerónimo (FIL/OMT) in Guadalajara, Mexico (November 25-26) Every year the Mexican Translators Association (OMT) puts together a magnificent program featuring well-known presenters from all over the world. Coming from an unprecedented success during their XX Congress, the 2017 edition will surely have workshops and presentations in varied, useful, and trending topics. This is the activity to attend this year for those colleagues who work with the Spanish language. Extra added bonus: The Congress is held in the same venue (Expo Guadalajara) and at the same time as the International Book Fair, one of the largest in the Spanish language world. Besides the professional sessions, attendees can also stroll up and down the immense fairgrounds a purchase some books, listen to some or the most renowned authors in the world, or just window shop in between sessions.
I know the choice is difficult, and some of you may have reservations about professional gatherings like the ones I covered above. Remember, the world of interpreting is more competitive every day and you will need an edge to beat the competition. That advantage might be what you learned at one of these conferences, or whom you met while at the convention. Please kindly share your thoughts and let us know what local, national or international conference or conferences you plan to attend in 2017.
October 12, 2015 § 9 Comments
We have seen over the past few weeks how a grassroots movement by some of our colleagues has produced results that until recently would have been considered unrealistic. I am referring to the freelance United States immigration court interpreters who, so far, have refused to accept the contractual conditions offered by a new federal government contractor that does not deal with them as language professionals but as unqualified laborers.
For many years, federal government contractors did their bidding and earned contracts from the immigration courts (EOIR) based on a widely accepted assumption that immigration court interpreters would take any fee offered to them, regardless of how low it was. This is how the bidding process worked and produced the abhorrent working conditions that LionBridge imposed on the interpreters, including extremely low fees, absurd cancellation policies, unprofessional treatment where the interpreters’ word had no credibility when their word conflicted with court staff, and even a penalty for those who wanted to be paid on time. For these reason many interpreters left, or never entered, the immigration court interpreting field. It was just unattractive to those who wanted to make a higher income and expected to be treated like professionals. Even now, the testimony of several attorneys reflects this reality when they comment that, many times, the quality of the interpretation in immigration court was lower than at those courts managed by the Administrative Offices of the Courts.
This is the environment that SOSi, the new bidder, encountered when they came into the picture. No wonder they pushed interpreter working conditions to a low never seen before. They assumed that this time would be like the others and interpreters would take the offer, no matter how unfair and insulting. They were wrong.
You see, friends and colleagues, a few things have changed since the last time the contract was awarded to LionBridge. By the time SOSi bids for the EOIR contract, there were more interpreters with a formal education than before; these colleagues had entered to the world of immigration court interpreting for many reasons: to gain some professional experience, to put their name out there, to have some income to begin to repay their student loans…
They worked as immigration court interpreters, but they were not there to stay; their time working over there would be a step towards a more fulfilling and better paid career. They did not plan to stay, but while they were there, they shared their ideas about professionalism and their personal dreams with the other interpreters who were already there. They inspired many of them to study to better themselves as interpreters, to go to a community college and study interpretation, to take a state or federal court interpreter certification exam, to become certified as healthcare interpreters, and so on. The crowd that SOSi encountered did not look much like the one its predecessor found some twenty years earlier. The result: They would not put up with worse working conditions than the horrendous ones they had suffered from the previous contractor, so they refused to sign the contracts, and the deadline for SOSi to take over interpreting services came and went without fulfilling their obligation because of their lack of the most precious and indispensable asset to provide interpreting services: the professional immigration court interpreter.
These colleagues took advantage of things that were not there the last time the contract was up for bids: social media, communication and peer support, information about the working conditions of other court interpreters working somewhere else, and the experience of our colleagues in the United Kingdom with another agency devoted to the degradation of the professional interpreter: Capita.
The refusal to sign these individual contracts happened all over the United States, the voice got louder, blogs spread the word and informed some not-so-well known facts about the contractor (https://rpstranslations.wordpress.com/2015/08/31/disrespecting-the-immigration-interpreter/) virtual forums were created, professional associations intervened, the media wrote about this issue in English (http://www.buzzfeed.com/davidnoriega/immigration-courts-could-lose-a-third-of-their-interpreters#.sopPZ5w26) in Spanish (http://www.eldiariony.com/2015/10/07/disputa-laboral-de-interpretes-amenaza-con-agravar-demoras-en-tribunales-de-inmigracion/) and discussed it on the radio (http://www.scpr.org/programs/take-two/2015/10/09/44770/backlog-at-immigration-courts-could-grow-with-a-pa/)
The contractor, probably frustrated by this “unexpected occurrence”, apparently decided to get help from local language services agencies all over the country to see if, by buffering this link between them and the professional immigration court interpreter, some colleagues would agree to sign the individual contracts, and, unless there is some legal figure no interpreter is aware of, as a result of their signature, they would become contractors of a sub-contractor (the local agency), putting them one more step away from the entity that won the contract: SOSi. In fact, I have heard from several interpreters in different cities who have contacted me with their concerns about the contents of this contract that has been offered to them.
Although the following is in no way legal advice, nor is intended in the slightest to be such a thing, I have decided to give my opinion about some of the portions of the contract as they were presented to me by my colleagues. Remember, this is just my opinion, based on my many years of professional experience as a professional interpreter, and my years in law school. Your opinion may be different and I will not dispute such a thing. Let’s see:
The most common concern about our colleagues can be summarized by this colleague’s observations: ‹In general, I have my doubts that my previously negotiated half/day and full/day rates would really be respected, in light of SOSi’s option to pay these “…unless EOIR determines that using a different CLIN would result in less cost to the government.” What does this mean in plain English?
There is a legal principle in civil law (and contracts are civil law) called the parol evidence rule. This principle states that all negotiations between the parties to a contract that took place before or simultaneously to the signing of a contract, that are not clearly spelled out on the document, are non-existent and therefore, non-binding and unenforceable. This means that all “negotiated rates” that are not in writing are irrelevant. (https://en.wikipedia.org/wiki/Parol_evidence_rule) (http://thelawdictionary.org/parol-evidence-rule/)
A follow up question to the last comment was this one: “what is a CLIN?”
Although I do not know for sure, I believe that “CLIN” in this context refers to “Contract Line Item Number” This would mean that if EOIR finds a legal way to pay less than the “previously negotiated rate” or If other interpreters are willing to work for less, the pay could be impacted.
Some interpreters are concerned about the travel expenses when they are asked to go out of town to interpret a hearing. Apparently, the section of this contract that addresses this issue does not mention the English<>Spanish interpreters. As far as travel expenses, keeping in mind that English<>Spanish interpreters cover the immense majority of the immigration cases, my feeling is that they could be leaving the English<>Spanish interpreters out of the equation because they feel they can meet these needs with Video Remote Interpreting (VRI) and with local folks if needed.
It is also worrisome that said contract seems to emphasize “telephonic interpreting”, indicating that this service will be paid at an hourly fee. As we all know, like all professional services providers, interpreters sell their time. Getting paid for the time interpreted based on an hourly pay would result in a detrimental situation for the interpreter, because nobody is paying for the time it takes to this professional services provider to get ready to do the rendition (travel to the courthouse or detention center, setting aside big chunks of time to do the assignment, etc.)
According to some colleagues, SOSi appears very firm on its insistence that interpreters compete for offered work assignments on a generally accessible “available assignments” website. In other words, interpreters would no longer be contacted individually, as with Lionbridge, to accept or reject offered assignments. Apparently, SOSi’s recruiters have explained the validity of this policy as a way to avoid having to hire assignment coordinators.
In my opinion, Immigration court interpreters must keep in mind that SOSi’s contractor history and system is based on bidding subcontractors. That is how most Department of Defense contracts work (and remember, they are primarily a defense contractor) so I don’t see them changing strategy. All interpreters could be considered subcontractors bidding for a job every time there is a need for an interpreter.
This is the most critical hour for our immigration court colleagues because this is when experienced agencies and contractors put in practice their well-rehearsed tactics. Some interpreters may decide to sign a contract even though the “promised, negotiated fee” is different from what the contract states, or it is hidden in an appendix or table. Immigration court interpreters will only achieve the dignified treatment they deserve, and has been denied for so many years, if they continue to speak with one voice, and it will get more difficult unless those with more experience and formal academic education step in and help their colleagues. We must remember that fear can derail any project, and the immigration court interpreters are not a homogeneous group. Unlike conference interpreters, many of them interpret at a questionable quality level, others may think, deeply inside, that the ridiculous fees offered by the contractor are not so bad, some may live from paycheck to paycheck, and may decide to sign the draconian contract; and some of them may not really be freelancers, but employees with no steady job.
The truth is, that to get to a professional fee, the interpreters have to be willing to stay away from the immigration courts for as long as it takes, and during that time, if they are truly freelance interpreters, they will find their income doing so many other interpreting assignments. If they are really independent professionals, they will have to come to terms with the realization that well-paid immigration court interpreting will not be an everyday thing; it will be one of many other interpreting assignments that the true freelancer will have to cover. EOIR is a client. It is not an employer.
The contractor, SOSi, LionBridge, or any other has a responsibility to their shareholders, and that is fine. The federal government has budgetary limitations, and that is fine. It is because of these undisputed facts that the independent immigration court interpreter needs to understand that to get the financial resources to cover his professional fee, the service will have to be more efficient. Less hours of work at the EOIR, but better pay. That is how the freelancing world works, and all interpreters will need to understand it; otherwise, the lesson learned will not be the one this entry begins with, but instead, the lesson will be that once again, because of the interpreters’ lack of determination and unity, things will stay the same. I ask my dear friends and colleagues not to waste this unique opportunity in their careers.
Although these lines merely contain my personal opinion, and in no way this pretends to be any legal advice for anybody, if I were facing the situation these immigration court interpreters in the United States have in front of them, I would hold on to signing anything until it is clear who stays and who does not. If SOSi stays, to become attractive to the interpreter community, they will probably make some changes to their contractual policy towards the interpreters. If there is a new different language services agency, I would wait to see what they have to say first. Also, for my peace of mind and for the safety of my professional future, I would never sign a contract after talking to the HR people. I would ask for the legal department because I would need to understand, and know, the contractual terms, and the likelihood that they will be honored by the language service provider. I now invite you to share your opinion with the rest of us, and for the benefit of as many interpreters as possible.
September 24, 2015 § 2 Comments
Now for several months, every time I talk to one of you, or I read something about the profession, there seems to be a common trend, a constant presence: Interpreting as a profession is been targeted by many different special interest groups.
There are those who seek a huge profit by applying technology and keeping the economic advantage of doing so without sharing with the interpreter, and in fact, reducing the fee they pay either by lowering the amount, or developing a series of strategies designed to leave the interpreter out in the cold.
Then you have those who want to make a living or “comply” with a legal requirement by lowering the standards of the profession, and setting rock-bottom requirements to work, or even creating a brand new branch of interpreting that they found inside the hat where they keep the rabbit. Stingy and ignorant local government agencies and some unscrupulous language training entities fit this description.
We even have the troubling developments that we are currently witnessing with the United States immigration courts, and the tragedy of a few years ago with the United Kingdom judicial interpreters; both of them leaving many of our colleagues in a horrible financial situation and “inspiring” other governments to emulate their questionable, and frankly despicable way of doing business.
Add to all of the above the ever shrinking fees at the courthouses and hospitals, the ever-deteriorating system of the federal court panel attorney payments for interpreting services in the United States, and the fewer conferences in many cities around the world.
At the time when the world population and media is more aware of the need of the interpreter than ever before, this tragic report could be depressing and discouraging; however, it can also be a unique time in history for the interpreting profession. You see, my friends and colleagues, I see what is happening all around us as a tremendous opportunity, which does not come along very often, to change our careers forever. I believe that the time has come for all of us to stand up and fight for the full professionalization and recognition of the extremely difficult and vital work we perform around the clock and around the world.
I firmly believe, and those of you who follow me on social media have noticed, that this is our time to seize the current situation and turn it into an opportunity to impact the interpreting profession for good. I honestly think that if we unite with our fellow translator friends and colleagues, who are going through a similar situation with lower fees, poor quality machine translations, and knowledge-lacking clients and agencies who want to treat them (and pay them) as proof readers and not as professional translators. I believe that we have so many common interests and a shared desire to have our two professions respected and recognized once and for all.
These are the reasons why, despite my truly busy schedule and comfortable economic and professional situation, I decided to run for the board of directors of the American Translators Association (ATA)
As a total outsider who has decades of experience as an interpreter that has been successful at creating a name, providing a top quality service , and generating a pretty good income, I am convinced that I can offer you all, a voice within the board of the most important and influential interpreter and translator organization in the world. I will bring a different perspective: that of a true full-time experienced professional who has no strings attached to anyone or anything in the organization because of past dealings or compromises that past leaders sometime have.
I bring to the position my determination to tackle the important issues that put our professionalization at risk, such as deplorable negotiating positions before powerful entities who take advantage of their size and economic power; I want to be on the board to make sure that the certification standards proposed and applied by some entities who care about profit and not the quality of the service, do not continue; and if they do, that ATA will not recognize them as equivalent to a real certification or licensing program with the required professional standards.
I am convinced that if I am part of the board, the interpreter community will have a louder voice that reflects our size within the organization, not to argue or create roadblocks, but to enrich the debate with our perspective. Because of my constant travels all over the world, I know the problems faced by interpreters and translators at this time, and I also realize that many of them have the same source and therefore need a common solution. My years of experience have given me the opportunity to meet so many of the ATA members of the board. There are many who I admire and respect. I have no doubt that we will get along and fight together for the organization, the individual interpreters and translators, but more importantly: for the professions.
Being an outsider to the leadership, but being also a member who is closely acquainted with the functions of a professional association, and participates in dozens of conferences and associations’ general meetings throughout the world, I think I can help the membership grow by simply presenting to the board the concerns and complaints I constantly hear everywhere, starting with: Why should I join ATA? What benefits will I get?
Dear friends and colleagues, for years ATA voting privileges were confined to the certified translators and a few interpreters. Presently, as a result of the associations’ recognition of its interpreter membership, you can become a voting member by a very quick and easy process that will take you less than five minutes. All you need to do is visit: http://www.atanet.org/membership/memb_review_online.php
Please do it now as the eligibility to vote on this coming election will only include those who completed the process before the end of the month.
Once you are eligible to vote you have to choices: vote live during the ATA annual conference in Miami, or vote ahead of time. I suggest that you vote ahead of time regardless of your plans to attend the conference. This is too important to leave it to your good fortune and you never know what can happen.
Finally, I believe that we can accomplish many things together. That we can contribute to the advancement of our profession and that of ATA by following these three simple steps: (1) Follow the link above and become eligible to vote. (2) Vote as soon as you can. Do not wait until the conference, and (3) Think carefully about who you are voting for. Thank you very much.
March 13, 2015 § 6 Comments
Every time I read an article about court interpreting, look at your social media posts, or have a face to face conversation with a court interpreter, I cannot help but notice how the working conditions constantly deteriorate. For some time we have witnessed how the court interpreting system of the United Kingdom was completely destroyed and our colleagues had to courageously fight back so the rest of the world knew what had happened in their country. Time continues to run, and nothing has been done to improve that system now run by an entity whose greatest achievement was to sink the quality of interpreting services to an unimaginable low. We have witnessed the difficult times that our colleagues who want to do court interpreting face in Spain. We have heard many stories of court interpreters around the world having to fight for a professional fee, a professional work environment, and respect to the profession.
The situation in the United States is also very sad. It is true that the enforcement of Title VI of the Civil Rights Act has left little choice to the states. Now, state-level courts that want to continue to receive federal funds must provide interpreting services to all non-English speakers who need to have access to the justice system. The new demand for court interpreters beyond criminal cases has “inspired” many court administrators and chief judges to act in new and more creative ways to satisfy the requirement of having an interpreter next to the non-English speaker, even when the quality of this professional service is at best doubtful. To this day, there are jurisdictions where the question is: Does a warm body fulfill the legal requirement of providing interpreter services? Sadly, in some cases the answer seems to be “maybe”.
But the state courts want to comply with the federal mandate, and it seems that some of them will stop at nothing in order to achieve their goal. A popular formula was born: “Get an interpreter for that hearing and try to spend as little as possible”. The origin of this strategy is not clear, but it is obvious that this solution was not conceived by an interpreter. This is not even the brainchild of an administrator who at least has a basic knowledge of the interpreting profession; moreover, this doctrine has been embraced by some federal level courts as well. Let me explain.
Some court administrators have implemented a fee reduction. Today, some interpreters get paid less for their travel time to and from the place where they will render professional services; they get a lower fee, less compensation per traveled mile (kilometer elsewhere in the world) no reimbursement for tolls and bridges, and other very crafty ways that some courts have devised to pay less for interpreting services.
Other courts have increased the level of “scrutiny” and now watch over the court interpreters’ shoulder while they are doing their job; not the way a client observes the work of a doctor, a lawyer, or any professional individual, but the way a person watches over the performance of the guys who dry your car when you take it to the car wash. Many times this breathing on your neck type of scrutiny is enforced by adding paperwork and bureaucratic requirements to the fee payment process. To the interpreters, this means more time spent in the payment process, while making the same money than before the new requirements were in place. They are effectively making less money than before.
Of course there are also courts that now pay a lower fee during the contracted time if the interpreter’s lips are not moving: They pay a partial fee for the break time and travel time, even though the interpreters, who sell their time, have allocated those hours, or minutes, to that court as a client. Now some courts are tossing high fives at each other because they paid the interpreter a full fee for 45 minutes of work and a reduced fee for the 15 minutes in between cases when the interpreter did not interpret because the judge had to go to the bathroom.
And there is more: some jurisdictions have removed themselves from the payment process in those cases when, due to a possible conflict of interest, the court assigns a particular case to a private independent defense attorney, who is a member of a panel of lawyers, who can be appointed to these cases in exchange for a fee that is paid by the judiciary. This jurisdictions do not accept the interpreters’ invoices anymore; they now require the panel attorney to process the interpreter’s invoice and payment, generating two very sad effects: (1) Sometimes, the interpreter will have to wait a long time to get paid because their payment processing is not a top priority to the lawyer, and (2) It will help to keep alive the idea that interpreters are second-class officers of the court who do not deserve the court’s trust, because it is clear that these jurisdictions opted for a system where the attorney will need to access the court’s computer system to process interpreters’ payments, which is “preferable” over a system where interpreters would have to be granted that same access to the system. Why? Because it is too much of a risk to take? You can arrive to your own conclusions, but the fact is that this policy is very demeaning.
My friends, when you see and hear about all these policy changes you have to wonder: As these new strategies were discussed and adopted, where were the court staff interpreters, and the judges, and the administrators who know what interpreting is about? And once they were implemented, why did the freelancers continue to work under these terrible conditions? I now invite you to comment on this policy changes, other rules you may have noticed somewhere else, and the reason why these changes are being implemented with so little opposition.