Ignorance and negligence could kill a legendary interpreter program.

June 14, 2016 § 5 Comments

Dear Colleagues:

Humans are reluctant to think that something that was very good in the past could end up as something very bad. It goes against our idea of making things better, contrary to our concept of progress. Unfortunately, it is too often that a bad situation manifests itself right in front of our eyes. Just think of Venezuela; once the best economy in Latin America with a bright future ahead, and now a sad story of poverty, government corruption, and hunger, where millions of bright good people suffer the consequences of incompetent decisions.

The interpreting world has had its share of cases where a good situation turns bad. Today I will share with you a tragic story that, without prompt and able action, could become the Venezuela of the interpreting world.  First, a word of caution:  The story I am about to share with all of you depicts an intolerable situation in a certain region of the United States, and it directly impacts a relatively small segment of our professional community; Nevertheless, the conditions that gave birth to this tragic scenario could easily happen again anywhere in the world, perhaps in your area, maybe in your professional field. In fact, I am sure that this is happening in other regions of the planet.  It is for these reasons that I invite you to carefully read this story, so you can learn how to recognize the symptoms, and find a way to take action defending your profession before it is too late.

This story has to do with court interpreting in the United States.  Many of you already know that court interpreting is the most common interpreting practice in the United States. It has the most interpreters, and it is the only specialization that has its own legislation at the state and federal levels.

For American standards, compared to other types of interpreting, court interpreting has a “long history” of regulations and professional standards in the United States. It goes back to 1978 when the American federal government passed the Federal Court Interpreters Act which required that Spanish language interpreters passed a certification exam in order to qualify for work in the federal court system. Soon after, several individual states followed the example of the federal government, and developed their own legislation to test and certify Spanish language interpreters who were going to provide professional services in that particular state system.  The first state to set its own system was California in 1979, followed by New York, New Mexico, and New Jersey in the 1980s. These efforts culminated with the creation of the (now defunct) Consortium of States where a majority of the states came together, combined resources, and developed a test that served as the basis to certify those Spanish language interpreters who met the minimum requirements to work as professionals in a given state judicial system. After the creation of the Consortium, individual states developed certification tests in other languages to meet the needs of their specific areas.  New York and California did not participate in the Consortium of States, but New Mexico and New Jersey became the “gold standard” for court interpreter certification at the state-level in the U.S.

Due to its history and traditions, New Mexico became a pioneer and a national leader in all court interpreter matters: A founding state of the Consortium, New Mexico was the first state to allow non-English speakers, who were American citizens, as jurors at the state court level, actively participating in the trial process and jury deliberations with the assistance of a court interpreter. It also developed a very important professional community of Navajo court interpreters, and considered all court interpreting services as one profession, for the first time bringing to the table, at the same time, all spoken foreign language, Native American language, and Sign Language court interpreters.  Other major landmarks in the history of court interpreting in New Mexico include being one of the first states to require continuing education to keep the certification current, having a state supreme court justice as an active advocate of quality standards in court interpreting, and it became the sponsor of the largest annual court interpreter conference for a state of its size.  In other words, New Mexico took some of the biggest names in the interpreting and translation conference world to its state so that the local professionals could benefit of these trainings at a very low cost.  New Mexico was the “gold standard” for other states and the quality of its court interpreters was recognized throughout the country.  It was at this time, when things were going the right way, that two events changed the course of this court interpreter program, and pushed it to the edge of the cliff where it started its current freefall: There was a change of the guard at the helm of the state program, and the federal government exercised its muscle to compel the states to comply with the requirements of Title VI of the Civil Rights Act. Among them: the state’s obligation to give universal access to all services provided with federal funds, including all non-English speakers. All of a sudden, furnishing certified court interpreters in all criminal law cases was not enough anymore. New Mexico needed to offer interpreting services to all non-English speaking individuals who walked into a state government office.

The landscape changed. Due to his age and other personal reasons, the State Supreme Court Justice who had served the interpreting community as an advocate and unconditional ally for so many years, took a back seat and slowed down his pace; the person in charge of the administration of the state court interpreter program left, and even her very capable assistant of many years transferred to another government position. They were replaced by a newcomer with academic credentials but without court interpreting experience, and lacking the knowledge necessary to meet the linguistic and cultural needs of such a complex population and professional interpreter community.

The changes started almost immediately. Some of them were noticeable right away, others did not show their head in plain sight until many months later. The state government officials’ attitude towards the interpreters changed radically.  From the head of the Administrative Office of the New Mexico State Courts, to the language access services statewide manager, to the rookie judge (not a Supreme Court Justice anymore) who now actively participated in all interpreter issues that had to do with an entity created by the state called the New Mexico Language Access Advisory Committee; policy, attitudes, and decisions began to change.  There would be no annual conference anymore; the conditions that interpreters had been working under for many years would be reevaluated to cut as much as possible; the cordial and professional relationship, based on mutual respect, that had existed for decades between the interpreting community and the state would now be replaced by a tough attitude where the difference in size and power would be clearly exercised by the big guy in the contractual relationship, now very willing to show its muscle in the event of a minor dissidence or difference of opinion; and the Civil Rights Act’s Title VI requirements would be portrayed as fulfilled by creating a less expensive sub-par category of paraprofessional quasi-interpreters, instead of fostering and promoting the growth of the interpreter profession, thus meeting the minimum standards of the Civil Rights Act mandate, which of course, would require more funds and a greater effort on the part of the state, including, but not limited to, the Administrative Office of the Courts’ active participation in the preparation of a budget to be presented to the state legislature where fulfilling the true mandate of Title VI of the Civil Rights Act would be a top priority for the judiciary, whose only reason to exist as part of the government, is to guarantee an administration of justice inclusive of all citizens of the state.  Of course, this would demand a different attitude by the state, with a judiciary willing to battle the legislature, and go to the United States Justice Department to denounce the State Legislature whenever it was not addressing the equal access to justice mandate. A very different attitude, especially when compared to… perhaps securing judges and bureaucrats’ salaries and then throwing everybody else under the bus.

I have been told by many interpreters in New Mexico that since the time this change of priorities took place, the state has switched interpreters’ minimum guaranteed periods of work, it has changed its travel policy to pay less to the interpreters, there have been attempts to include as part of the original contract, attachments that fundamentally change essential parts of the interpreters’ contracts after these agreements have been executed already; I have listened to stories of interpreters been disrespected at Language Access Advisory Committee meetings; the story of an interpreter whose certification was revoked for no reason, who later won a legal case to get the certification reinstated, but has been isolated by the state officials who have never let this person work in the court system again.  I have seen the abysmal difference between the quality of a certified court interpreter’s rendition, and the mediocre paraprofessional services provided by the so called “justice system interpreters”, and I have listened to the American Sign Language Interpreters who share the same concerns as their spoken language counterparts regarding the quality of video remote interpreting, and more importantly, the level of interpreting skills of those who may provide the service from out of state, perhaps without a New Mexico or federal court interpreter certification.  It is possible that the State of New Mexico has designed a strategy to justify its actions. Even though what they are doing is legal, and I am in no way suggesting that the state has violated any law; it is still wrong for the profession, wrong for the interpreters, and bad for the non-English speakers who need a professional certified court interpreter to protect their life, freedom, or assets

I know that many of our colleagues in New Mexico are fighting a very important battle to protect the profession and the true professional interpreter; many have retained an attorney to represent them before the everyday more aggressive attitude of the state officials, and many of them are refusing to sign a contract with the state, unless and until, the minimum professional work conditions that they are requesting, and constitute the minimum standards everywhere else in the civilized world, are met by New Mexico. Just like we did last year when we, as a professional community, backed up the efforts by our immigration court interpreter colleagues in the United States until SOSi agreed to better their fees and basic working conditions, let’s all be one once again and support our colleagues in New Mexico.

Finally, to our colleagues in New Mexico, I encourage you to talk to the State Bar and make all attorneys in New Mexico aware of the fact that the state is on the brink of destroying that tradition that made New Mexico the “gold standard” of court interpreting at the state-level in the United States.  Submit articles to the New Mexico Bar Bulletin for publication, even this piece. I could almost assure you that many lawyers are not even aware of the abysmal difference between real certified court interpreters and the individuals the state is furnishing for so many of their court appearances.  Make sure that your voice is loud all over the state.  I now invite you all to share your comments about this situation and many other similar scenarios in the United States and many other countries.

Are we protecting our profession? Part 1.

March 29, 2016 § 49 Comments

Dear Colleagues:

Every now and then something happens in our profession that makes me wonder if we are truly doing what is best for all of us: individually and collectively as interpreters and translators.  In fact, this happened recently when I learned, like many of you, that the American Translators Association had revisited the antitrust legislation issue and had reviewed its policy.  As expected, ATA followed its traditional pattern of protecting the “interests” of the association over the interests of its individual members or the profession, and adopted a policy that clearly observes antitrust legislation as is, without questioning it.   It is not clear to me how the association arrived to this resolution to endorse everything the government wants, and is included in the legislation and case law, without first seeking a legal opinion from attorneys who disagree with the current antitrust laws or their interpretation by the government.  As I understand it, the mission of a professional association is to advance and protect the interests of its members and the profession they practice.  This can only be accomplished by assessing the current legislation as to its impact on those who it is supposed to protect.  I am convinced that a well-publicized campaign to get public comments from the membership, and seeking a legal opinion as to how to interpret the current legislation in the light most favorable to the interests of the individual interpreters and translators, which could have included proposed amendments to the antitrust legislation would have been fruitful and very successful.  Of course, it would have rocked the status quo where big multinational businesses, sponsors or members of the association, benefit from the current interpretation of the law and the association’s corporate policy, that leaves the individual members on an uneven field where they cannot talk about the insulting and sometimes degrading fees, or rates as these huge corporations refer to them, that are offered for their interpreting and translation services.

We all want to comply with the law, and nobody is suggesting that we break any legislation. On the contrary, we should always observe the law of the land, as these rules and regulations exist to protect the weaker members of society from the actions of those who are in a position to take advantage of them.  This does not mean that we should not question a legal precept when we believe that it is not advancing justice or protecting the weak.

Antitrust legislation was born in the United States in the latter part of the 19th. century when the legislator, first at the state level, and later at the federal Congress, saw the need to protect consumers from big business that at the time was acting as big conglomerates with “excessive” economic power according to the opinion of a majority of the citizens of the United States. The goal of the legislation was to regulate the conduct of business corporations by promoting a fair competition for the benefit of the consumer. Legislation such as the Interstate Commerce Act of 1887, the Sherman Act of 1890, the Clayton Act of 1914, and the Federal Trade Commission Act of 1914 became the law of the land.  They were followed by more recent laws like the Robinson-Patman Act of 1936 and the Celler-Kefauver Act of 1950. Ohio Senator John Sherman clearly explained the rationale behind this policy when he said that: “…If we will not endure a king as a political power, we should not endure a king over production, transportation, and sale of any of the necessaries of life…” (Speech delivered in the U.S. Senate on March 21, 1890) The U.S. Supreme Court agreed with this spirit of the legislation when it referred to the Sherman Act as a “charter of freedom, designed to protect free enterprise in America” (Appalachian Coals, Inc. v. United States, 288 U.S. ({{{5}}} 1933) 344 [359]) Antitrust legislation goes against the freedom of speech protected by the First Amendment of the Constitution, but it is tailored under strict scrutiny to limit this right only as it protects the consumer from the voracious unscrupulous merchant. We have many examples of these businesses throughout the more than one hundred years of antitrust laws in the country: The mining industry, the automobile industry, and even the telephone industry are some of the examples that come to mind. In all of these cases we can clearly see the benefits of restricting commercial and industrial activities to avoid monopolies.  We do not dispute that, but the fact is that the world has changed and we now face a very different economic reality than the one faced by the antitrust legislator of the 19th. century.

Technological advances and the rapid growth of globalization have created a world with uneven realities and circumstances in many fields, including interpreting and translating. When applied today, the rules conceived to protect the weak from the powerful, provide shelter to multinationals like Capita, SOSi, and LionBridge who take advantage, with the blessing of some of our professional associations, of the legal ban to talk about fees and working conditions of professional interpreters and translators who are forced to negotiate with commercial, not professional, entities who take advantage of any circumstance they can use in their favor.

But it does not need to be that way, a careful reading of the law shows us that discussing fees and work circumstances is legal, as long as there is no agreement to fix a fee.  The problem is that, to avoid any possible discomfort, some professional associations adopt internal rules and policies where all mention of fees has been proscribed.  It is clear that there is a need for litigation, it is the courts, not the executive branch, who should decide if these 19th. century rules designed to protect the little guy from big business should apply to individuals who make a living from the practice of a professional service, not an industrial or commercial activity (despite the efforts by many to convince us of this model) who are constantly oppressed and taken advantage of by the big business of multinational interpreting and translation corporations.

Who is the little guy who needs the protection of the law under these circumstances? Professional service providers should not fix their fees for services offered to their individual clients: the consumers in this scenario; but there is a big difference between offering services to a neighbor or a store down the street where I live, and having to accept rock bottom fees from publicly traded entities who have a presence in fifty countries.  The court system needs to decide these cases, and if the decision is adverse, the legislation has to be changed. Not all legislation is good or fair; in fact, there are plenty of examples where we can see how the law created or enabled an unjust situation. Let us remember that not long ago the United States had legislation that favor slavery, or deprived women from the right to vote.  This is where professional associations are expected to act to protect their individual members and above all: the profession.

Perpetuating the present situation will not advance the profession, it will mutate it into some kind of involuntary servitude where the big guys will call the shots.  I now ask you for your comments, in the understanding that nobody is calling for violating current legislation, just to change what we have right now, and to opine about the role that a professional association should play when the profession needs to be protected from exterior forces who are trying to hijack it from the interpreters and translators.   Next week we will discuss the same topic from a different perspective: The professional associations and the battle against the professionalization of the interpreter.

Atlanta hosts the largest gathering of U.S. court interpreters this weekend.

May 16, 2015 § 2 Comments

Dear colleagues:

This weekend many of the top-notch court interpreters in the United States will meet in Atlanta for the annual conference of the National Association of Judiciary Interpreters and Translators (NAJIT). For this reason, when I was asked by the Atlanta Association of Interpreters and Translators (AAIT) to write a piece for the special conference issue of their publication “Bridges”, I agreed to first publish it there, and post it here later on the day.

Professional conferences are vital to any activity and we are no exception. As you all know, these are the places where we solidify and improve our knowledge, advance our skills, and refresh our ethics. That in itself makes them invaluable, but NAJIT’s annual conference is much more than that.

Those attending the conference will be pleasantly surprised to learn that many of the living legends of court interpreting will be there, and that they will be joined by some local and brand new talent in our industry.  You see, the conference will welcome more than court interpreters and legal translators. Conference, medical, community, military, and other types of professional interpreters will be in Atlanta adding value to the event, sharing their knowledge and experience, and developing professional networks across disciplines and places of residence.

I invite you to approach old and new colleagues and have a dialogue with them. I believe that these conferences give us an opportunity to do all the academic things I mentioned above; but they also provide a forum for interpreters to discuss those issues that are threatening our profession. Atlanta is giving us a unique opportunity to talk about strategy on issues as important as the development of technologies and the efforts by some of the big agencies to keep these new resources to themselves and use them to take the market to lows that are totally unacceptable to professionals. We can openly talk about strategy to defend our fees, working conditions, and professionalism, while at the same time initiating a direct dialogue with the technology companies who are developing all the new software and hardware that will soon become the standard in our profession.

Finally, the conference will also help you to get more exposure to other interpreters, and will provide situations where we will have a great time and create long-lasting memories and new friendships across the country and beyond. I now ask you to share with the rest of us your motivation to attend this and other professional conferences. I hope to see you this weekend!

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