Federal court interpreter exam candidates’ emotional distress continues.

July 10, 2018 § 13 Comments

Dear colleagues:

On June 30 those who took the federal court interpreter exam in the United States last year, and have not received their test results to this date, found an email from the Administrative Office of the United States Courts (FCICE@ao.uscourts.gov) in their inbox.

Once again, and after all this time, the email was to “provide an update” on the status of the scores. The email explained how all exams have either been scored and equated, or invalidated. The email then goes into a very detailed explanation of the scoring and review of the exams, but it only addresses the news that candidates care about towards the end of the communication by stating that “…no dates have yet been set for the 2018 re-administration of the oral phase of the… examination…” and it then drops the bomb when it indicates that “…dates will most likely not be determined until after November 2018…” and it gives an “assurance” to those who have been victimized by the credibility of the AO since they took the exam last year, that regardless of when the exam is re-administered, “…it will be administered in time… to qualify for the 2019 administration of the oral phase…”

Once again, the email tells nothing to the candidates, and once again it lacks an apology, by now long due to all of our colleagues who have endured this nightmare for so long. The email does nothing to comfort the candidates. Instead of informing them of their scores, it gives them an unusual explanation about the way these scores will be delivered. First, they will receive an email informing them that their score has been snail-mailed through the U.S. Mail. Can you imagine how much longer those candidates who live outside the United States must wait for the letter to get to their mailbox?

The email speaks of the “re-administration” of the test, but it says nothing about the entity in charge of the task. At this point is not known if there will be a new contractor or if the AO itself will administer the exam.

It concerns me to see how the government does not get it. Once again, they distract the candidates from the fact that nothing relevant has changed since the last time they received a letter from the AO, with a lengthy explanation on how the exams have been scored, equated, and reviewed.

The validity of the exam and the integrity and skill of the raters are the only things never questioned by anybody, yet, they continue to dominate the communication to the candidates. What everybody questions is not the exam nor the examiner; the answers everybody is waiting for concern the decision-making process that resulted in contracting paradigm and the accountability of those who made such decision; the readiness of Paradigm to administer an exam like the federal court interpreter certification test, when there was nothing in their background to suggest they could perform the task; and finally, the way the AO has handled the situation after the exam, from its secrecy and lack of transparency, to the delays, to a full report on what they are now doing to hire a capable contractor and to make sure that another fiasco of this enormity never happens again.

The candidates got another email, and from that, they got:

No apology from the AO for all damages caused to the candidates who took the exam.

NO admission of any wrongdoing or even responsibility for retaining Paradigm and for acting the way they have after the exam was administered.

No word on who will be the new retained contractor, or what they will do to re-administer the test. It is very important to know who the new contractor is because candidates will want to know that the selected corporation can handle the administration of both: written and oral tests in 2019.

No date for the retake, just a hint it will probably be after November. This assures all candidates an awful holiday season full of pain and suffering.

Not a word on reimbursement of the fees paid for the exam “administered” by Paradigm, and nothing on covering travel and other expenses for those who had to travel from far away to take the Paradigm exam.

Another development in this shameful saga happened on the written federal court interpreter certification exam: Even though Paradigm’s website still links to the FCICE webpage; the link has been disabled by the AO, and their website now indicates that at this time there is no date for the “summer” written examination, but from a careful reading on the website you can conclude it will be next year.

To mend the biggest fiasco in court interpreting history, people will take both, written and oral tests on the same year, altering the spirit of the exam as originally conceived, and ending a tradition.

Dear friends and colleagues, candidates who took the exam last year and those studying this year for the written test: it looks like you will continue to suffer emotional distress and enormous tension as you are likely to spend your 2018 holiday season studying for a test you had the right to take this year.

I now invite all candidates who took the oral exam, those studying to take the written test, and those certified interpreters who feel for these colleagues, to share their stories of struggle and frustration during this very dark time for court interpreting in America.

Are the interpreters working conditions in danger?

April 21, 2014 § 7 Comments

Dear colleagues:

A few days ago a colleague contacted me to ask if I had seen the updated United States Federal Court Interpreter Orientation Manual and Glossary. Although I do not exactly know how long ago this version came to be, my answer was that I had not. She asked me to take a look and then tell her my opinion. I read the publication from beginning to end. The first thing I noticed was that some extremely qualified colleagues had been involved in this updating process. Then I read the publication. Most of the manual seemed to be well written and it looked like it covered most of the relevant points and situations that happen in federal cases. That is, until I got to Chapter 3(VII)(C) For your benefit as readers, I transcribe the applicable portion of the manual next:

“Federal Court Interpreter Orientation Manual and Glossary.

Chapter 3: Overview of Court Interpreting.

VII Interpreters in the Courtroom…

C. Number of Interpreters per Proceeding: Team/Tandem Interpreting.

       The number of interpreters may vary according to the type of proceeding and the number of defendants that require interpreter services. To mitigate the effects of interpreter fatigue, proceedings estimated to exceed four hours are often covered by two interpreters through team, or tandem interpreting. The passive interpreter should remain seated in close proximity to the active interpreter and refrain from leaving the courtroom for any significant length of time without good reason…”

Yes dear colleagues, it reads four hours.

For the past eighteen months or so, I have devoted a good part of my time to help and assist in the development of interpreting rules and policy for interpreters in different parts of the world. I have held talks, workshops, presentations and one-on-ones with many interested parties that are developing or restructuring interpreter working conditions and rules of professional performance; and I have done it driven by two priorities: (1) To provide an excellent service and (2) To protect interpreters so they are able to fulfill priority number one.

I have sat in meetings and presentations where I heard of countries where government offices and private agencies require interpreters to work alone when interpreting consecutively regardless of the duration of the assignment; I have heard how individuals in decision-making positions question the need for team interpreting in small conferences or in legal settings. I heard it all and I heard it over and over again. You must know then, that one of the things that kept me going, and gave me the moral authority to dispute the rules or policy with real scientific arguments and data, was the knowledge that in the United States all reputable conferences, the federal judicial system, and many state-level courthouses, were honoring and following the principles of team interpreting and interpreters switching roles from active to support (passive) every 30 minutes or so. Now you can imagine my reaction when I read Chapter 3(VII)(C) above.

Dear friends and colleagues, as many of you know, scientific studies have demonstrated that mental fatigue sets in after approximately 30 minutes of interpreting. These studies show how the quality of the rendition is compromised when an interpreter, regardless of his capacity and skill, continues to interpret beyond this 30 minute marker. Even when the interpreter who has been working for a long period of time thinks that his rendition is accurate, it is not, according to a study by the University of Geneva’s Translation and Interpretation School (“Prolonged turns in interpreting: Effects on quality, physiological and psychological stress.” Moser-Mercer, B. Kunzli, B. & Korac, M. University of Geneva, École de Traduction et d’Interprétation. Interpreting Volume 3(1) p. 47-63. John Benjamins Publishing Co.) Jesús Baigorri Jalón tells us that “…an average of 30 minutes of consecutive work was the maximum time during which a satisfactory (interpretation) could be done; after this time, one runs the risk of deteriorating results due to fatigue…” (“La Interpretación de conferencias: el nacimiento de una profesión. De París a Nuremberg”. Editorial Comares, Granada. P.188)

Recognizing this well-documented issue, and as part of its tradition of excellence and professionalism, the International Association of Conference Interpreters (AIIC) clearly indicates in article six of its Professional Standards:

“Article 6…

  • *An interpreter shall not, as a general rule, work alone in a simultaneous interpretation booth, without the availability of a colleague to relieve her or him should the need arise.
  • **One of whom must be able to relieve each of the other two. In certain circumstances this number may be reduced to two (particularly for short meetings or meetings of a general nature, provided that each of the two interpreters can work into both languages)…”

This is also contemplated within the Sign Language interpreter community. The ASL Team Interpreting Guidelines state the following:

“…Interpreting assignments one hour or longer in length with continuous interpreting, will require the use of a team of two interpreters. The teaming allows the interpreters to switch roles every 15-20 minutes. Teaming will reduce physical strain, prevent repetitive strain injury, and prevent mental fatigue which can cause the quality of the interpreting to deteriorate…”

The National Association of Judiciary Interpreters and Translators (NAJIT) issued a position paper on this particular issue, and their study concludes that:

“…Due process rights are best preserved with faithful simultaneous interpretation of legal proceedings… In a controlled study it was shown that interpreters’ work quality decreases after 30 minutes. In the challenging courtroom environment, team interpreting ensures that the comprehension effort required to provide accurate interpretation is not compromised. To deliver unassailably accurate language service, court interpreters work in teams…” (NAJIT Position Paper. Team Interpreting in the Courtroom. March 1, 2007)

Even Wikipedia is aware of the complexities of interpreting and the need for team interpreting when it says:

“…Because of the intense concentration needed by interpreters to hear every word spoken and provide an accurate rendition in the target language, professional interpreters work in pairs or in teams of three, so that after interpreting for twenty minutes, the interpreters switch…” (Wikipedia)

As we can clearly see, the fact that team interpreting is required to do this job, and that those in the team need to switch roles every 30 minutes or so is undisputed. This is why several countries that due to globalization are just starting to use interpreting services more often than before, are adopting the team interpreting principle; most of them agreeing to a 20-30 minute policy for interpreters to switch roles. It cannot be possible that the United States federal judiciary got it wrong. There is no way that these updated rules are telling the professional community (interpreters, judges and attorneys) and society at large (litigants, victims, experts, etc.) that the policy will take us backwards. I just do not believe that is what our government wanted to do.

This all leaves us with two possibilities then: Either the rules are poorly written, and that is why we got this confusion, of the rules committee made a mistake. If it was a mistake, it should be corrected immediately. If the rule refers to something else, it should be re-written to make it clear. As part of my research for this article, I heard that the rules were updated because of the arrival of telephonic interpreting. If that is the case, the language must be amended to show that this rule is meant to apply to telephonic hearings. Then, after they do that, we will have to argue that telephonic hearing also needs team interpreting, but that would be another battle for another day.

Dear colleagues, I know that each judicial district sets its own rules, in fact, I am privileged to work in districts where the team interpreter rule is honored and enforced. I am aware of the fact that these rules will probably not change the way most districts operate; however, they are there, and someone can use them in the future to damage the service and hurt the profession. The rule needs to be amended immediately. Many of us will never work alone. Many of us will demand a team, but there could be new colleagues, greedy ignorant language service agencies, and inept court administrators who may be tempted to use them as an excuse to try to change policy. They would fail. They would lose. They would disappear, but I ask you: Why do we have to fight that battle (again) when all that needs to be done is to amend the manual. Please share your thoughts on this issue with the rest of us.

Alert: New Internet Scam on Interpreters and Translators.

September 30, 2013 § 7 Comments

Dear colleagues:

If you are reading this posting, chances are that you use the internet as a professional tool. If you are like me, you probably have a website, communicate with your clients by email, and you have a Twitter and Facebook accounts.  It is also likely that you have been targeted by cyber-scammers in the past.  We have seen emails from African royalty wanting to send their children abroad and needing an interpreter, we also received emails from prospective clients asking for dubious urgent translations, and we know colleagues who have received bad checks for large amounts coupled with a request for a smaller check from the translator because “there is no time” to reissue a check for the correct translation fee. Well, there is a new scam going around in the interpreter/translator world, and it is waiting for innocent victims to take the bait.

Last week I received an email to my website account from China’s “Domain Name Registration Center” informing me that a Chinese company wanted to register my domain as their “internet keyword” and “…acquire my domain name in China…”  The email stated that “…In order to deal with this matter better…” I should confirm whether this Chinese company is my “…distributor or business partner in China…”  The communication was signed by a “Jim Ying, General Manager Shanghai Office.”  Of course, the email concerned me as I have heard many horror stories of intellectual property piracy in China.  I was traveling away from my office.  I immediately contacted my IT Director and asked her what to do.

Then, as I was waiting for my IT expert to reply, I started to feel uneasy about the whole thing, maybe it was my legal training telling me that the way the email was phrased didn’t seem right, perhaps it was that I remembered the many conferences on intellectual property I have interpreted for; probably a combination of both, so I decided to do some research.

That is how I found an article by Christopher Hofman Laursen from the European Domain Centre in Denmark.  His article was a carbon copy of my situation. The posting clearly explains that these people are cyber-criminals who basically want to establish a relationship with the interpreters or translators who answer their original email, and then pressure them into paying for a domain registration in China. Sometimes they even put the scam victim in touch with the Chinese “company” interested in acquiring the domain name to make this operation credible.  Christopher asks those (like me) who have been contacted by these scammers to just ignore the email, and to share it with him, so he can add the sender’s name to his “hall of shame” list.  That is exactly what I did.

My suggestion to all of you is to ignore the email if you ever get it.  The following link will take you to the master list that Christopher has developed so you can see all the names that these people have used in the past. Please notice that when you click on the link, it will take you to a web page that will ask you to click again or to add a. (dot) at the end of the URL:

http://www.europeandomaincentre.com/pages/news-room/domain-management-news/hey!-got-an-email-from-china-domain-name-registration-center-asian-domain-registration-service-in-china-the-department-of-registration-service-in-china-etc.

I really hope that this posting helps you avoid the scam and also motivates you to be on the alert mood for these type of criminals who operate outside the reach of international law.  You can also share your interpreter/translator internet scam stories with the rest of us in order to keep everyone informed of the bad guys out there.

Is interpreting a lesser profession?

February 25, 2013 § 9 Comments

Dear colleagues:

I recently posted a story about a judge near the border who questions the interpreter’s ability to do his or her job. I described how this judge asks Spanish-speaking jurors to correct the interpreter’s rendition during the trial, and tells them that in cases when none of the Spanish-speaking members of the jury are sure about a certain word or term, she would ask for an expert to render an opinion.  As expected, many of you were outraged, some of you offered solutions to this problem, and others shared similar stories showing that this practice of not recognizing the interpreter as a professional expert, and putting him or her down, happens all over the world.

All these reactions were natural and expected; however, there were quite a few participants, many of them identifying themselves as court interpreters, who made statements that seemed to accept this practice and even endorse the system. Comments such as: “…Interpreters should be more professional and less sensitive…(they) should just interpret and get used to it…” “…It happens all the time…(and) we need to act more like interpreters and do the job they are paying us to do…” and even: “…I think (Asking the jurors) is a good idea. They may know how to say something we don’t…”

Dear friends; those of you who know me personally, and all regular blog readers, know that I have always fought to get our profession acknowledged as a real profession. We are professionals!  The work we do requires of knowledge, skill, preparation, formal education, cultural awareness, social skills, and many more… Our function is essential for the communication of people who don’t speak the same language.  As long as there are two languages in the universe there will be interpreters.  I understand that many colleagues, and with reason, argue that we are not a regular traditional “profession,” that we are stuck in between being a profession and being an art.

It is essential that all interpreters, regardless of their area of expertise and place of services, present themselves as professionals. My colleagues, in order to do this we need to believe it first, we need to feel it.  My court interpreter colleagues must enter a courthouse feeling, believing, knowing, and projecting that they are part of the professional service providers who work in the justice system. They need to group themselves in the same category with the judges, expert witnesses and attorneys; that is where they belong.  Sadly, many court interpreters see themselves more like a clerk, and identify themselves with support staff such as clerks, bailiffs and deputies; In fact, some of them act as if they can relate more to the parties: victims, witnesses, and even defendants.

What do you think an attorney would say if the judge were to ask those jurors who may be attorneys or paralegals to please correct the litigants during the trial if they are quoting the wrong case law?  We cannot even imagine that scenario. It is exactly the same with our profession.

Court interpreters in this case, and all interpreters in general, need to act as professionals and educate everybody they interact with about their profession. Go out there and explain judges, attorneys, agencies, hospital administrators, and clients who we really are. If you do, you will soon notice that they treat you differently, that you feel better about yourself, and you will notice that your income will increase because once you feel like a professional, you will act as one, and professionals charge accordingly for their professional services.  I would like to hear from you. Please share with all of us your thoughts and ideas about who we are as interpreters, and how we should act when providing our services.

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