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.

What ever happened to the written federal court interpreter exam?

May 21, 2018 § 16 Comments

Dear colleagues:

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.

When court interpreting is done right.

January 15, 2018 § 4 Comments

Dear Colleagues:

Most professional, dedicated, court interpreters in Europe and the United States are constantly fighting against the establishment: government authorities who want to dodge the responsibility of administering justice to all, regardless of the language they speak, by procuring a warm body next to the litigant in the courtroom regardless of the skill and knowledge of the individual; ignorant and egotistical judges who believe they know everything about language access and interpreting, and make absurd decisions, when they know less about our profession than anyone else in the room; bilingual lawyers who cannot tell the difference between being a professional interpreter and speaking a second language with limited proficiency; monolingual attorneys who believe interpreting is easy and interpreters are  only an intransigent bunch demanding nonsensical work conditions (like team interpreting) and get paid for what they do more than they deserve;  and of course, greedy unscrupulous agencies who spend most of their time trying to figure out two things: How to pay interpreters less, and how to sell a mediocre paraprofessional low fee foreign-language speaker to their clients.

There are exceptions everywhere and in some latitudes court interpreting can be performed at a high quality level (even though, in my opinion, most court interpreters are still getting paid very little compared to the other actors in a court proceeding such as attorneys, expert witnesses, and judges), but there are no places, that I know of, at least in the United States, where you can find the support, understanding, and respect I found in Mexico during their transition from written court proceedings to oral trials where interpreters play a more relevant role they ever did under the old system.

Cubi (editor) Me, Carreon, Maya

During the last two years I have attended many conferences, meetings, one-on-one interviews, where I have talked to the parties invested in the system about the work court interpreters do, the need for some quality control process such as an accreditation or certification of the professional court interpreter, the non-negotiable principle that interpreters must make a professional fee that will let them have the lifestyle they may choose and will retain them as practitioners of the interpreting profession, and the work conditions for the professional court interpreter to provide the expected service. I have had many memorable experiences, and I will share with you those that I consider essential turning points in the design of the court interpreting profession in Mexico.

For the past two years I have attended the “Taller de profesionalización de los servicios de interpretación de Lengua de Señas Mexicana en el ámbito jurídico” (Professionalization of Mexican Sign Language legal interpreting services workshop), the brain child of Mexico’s federal judge Honorable María del Carmen Carreón, who has done more for the court interpreting profession than any person I know who is not an interpreter. Judge Carreón and her team organized these workshops that bring together Mexican Sign Language interpreters from all over the Mexican Republic, the most influential Sign Language Interpreter professional associations in the country, legal and language scholars, attorneys from all fields, and judges from all levels and jurisdictions: from Federal Supreme Court Justices and State Supreme Court Justices, to federal and state criminal, civil, family, administrative, and electoral judges.

These participants meet for three days at different locations: courthouses and universities, to learn from each other, and exchange ideas on how to make it easier for court interpreters so they can fulfill their role in the administration of justice to all individuals, regardless of the language they speak. The new court interpreting manual I recently published results from this extraordinary professional relationship that has developed among my co-authors: Judge Carreón and Daniel Maya, president of the largest professional association of Sign Language interpreters in Mexico, and me (Manual del Intérprete Judicial en México, Carreón, Rosado, Maya. Editorial Tirant Lo Blanch).

Judge Hernandez

During these trips, I have witnessed the willingness of all parties to learn the new system together, I heard often about the commitment to a good professional fee for those interpreters who get a court interpreter patent as a “perito” (equivalent to a certification or accreditation in other countries), and I saw a system with a new culture of cooperation where interpreters getting materials and full access to a case will be the rule and not the exception. I saw how all actors understand the need for team interpreting without even questioning the reasons behind this universally accepted policy. I heard judges telling interpreters to come to them with their suggestions and requests, and lawyers who want to learn how to work with the interpreter. Our manual has been presented before many institutions, including courthouses and attorneys’ forums to standing room only.

It was at one workshop, and through Judge Carreón, that I met Mexico City Civil Court Judge Eliseo Juan Hernández Villaverde and Mexico City Family Court Judge Teófilo Abdo Kuri.  Both judges graciously invited me to their courtrooms so I could observe how the oral proceedings are being carried under the new legislation, and to have a dialogue on court interpreters’ best practices so our Mexican colleagues can provide their service under close to ideal conditions.

At their respective courtrooms I met their staff and I saw how everyone was treated with dignity and respect. After fruitful talks with both judges, I observed the proceedings, and afterwards met with the judges to physically suggest changes to the courtroom to make it more “interpreter-friendly” to both: sign and spoken language interpreters. To my surprise, these suggestions were welcomed immediately, and Judge Hernández Villaverde rearranged the courtroom right on the spot, in my presence, to make sure that everything was as suggested. Finally, it was agreed that court interpreters and those studying interpreting will have regular visits to their courtrooms where they will observe proceedings and after the hearing can ask questions to the judges.

Judge Abdo

A major factor in the success that Mexico is enjoying, is due to the absence of irresponsible interpreting agencies that hire a high school level “coordinator” to recruit paraprofessionals and convince them to work for a fee (they call rate) that will seem good to them (compared to their minimum wage job prior to becoming an “interpreter”) but would be insulting and disrespectful to any professional interpreter charging the professional fees that their service commands.

There are some in Mexico, judges, attorneys, and interpreters, who are not fully on board, but they are not stopping the new culture. They are not killing the excitement and willingness of all parties to grow professionally in the new legal system the country has adopted.  There are many things to do, but an environment fosters the achievement of those goals.

I hope that me sharing the situation of the court interpreting profession in Mexico can inspire many of us in other countries and legal systems, and teach us to keep fighting for what is right without ever giving up in our dealings with the judiciary, and to never give in to the insulting conditions offered by those who want to see us as an “industry” instead of a profession. I now invite you to share with the rest of us your goals and achievements within your courthouses or hospitals (for healthcare interpreters).

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