How To Work With
Interpreters
2013 Pacific Judicial Conference - GUAM
September 23-25, 2013
Judge Elizabeth Barrett-Anderson, Superior Court of Guam (Retired)
Senior Status Judge Pro Tempore
Ms. June G. Carino, Language Assistance Program Manager
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The role of the court interpreter is to
place the person of limited English
proficiency (LEP) in the same position as
an English speaking person in the legal
setting. The court interpreter becomes a
tool of justice. The judge acts as a
guarantor of linguistic access and equality.
*Linguistic Equality
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Not found in the U.S. Constitution
Right to a Fair Trial
Right to Effect Assistance of Counsel
Right of Confrontation
Right Against Self-Incrimination
Right to Be Informed of the Charges
Right to Bail, Release, and Speedy Trial
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*Judges as Guarantors
of these Rights
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*Judges must inquire, either sua sponte or
by motion of a party, into the individual’s
language accommodation needs by
determining the level of English proficiency.
*Because judges cannot be expected to be
language proficient experts, best practice is
to provide an interpreter whenever one is
requested.
*Any request should be considered bona fide
and granted.
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Title VI of Civil Rights Act of 1964
Prohibits discrimination by federally funded
recipients based on race, color, or national
origin
“No person in the United States shall, on the ground of
race, color, or national origin, be excluded from
participating in, be denied the benefits of, or be
subjected to discrimination under any program or activity
receiving Federal financial assistance.”
*Federal Legislative Mandate
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“National origin” covers limited English proficiency (Lau v. Nichols, 414 U.S. 563, 1974)
National Origin Discrimination – Lau v. Nichols, 414 U.S.
563 (1974), recognized that recipients of federal funding have
an affirmative responsibility under Title VI to provide Limited
English Proficient (LEP) persons with meaningful opportunity
to participate in public programs.
Presidential Executive Order 13166, Aug. 11, 2000
“Improving Access to Services for Persons with Limited English Proficiency” It requires that recipients of federal funding provide meaningful access to person of limited English proficiency.
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*Judiciary of Guam
Language Assistance Plan
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In an effort to promote the accuracy and integrity
of all judiciary proceedings and to preserve
constitutional and fundamental principles of
fairness and access to justice, the Judiciary of
Guam is committed to ensuring maximum
communication between the Judiciary and all
members of our community with whom the
Judiciary interacts by ensuring the highest quality
of language assistance and services to persons of
Limited English Proficiency (LEP) or who are Deaf
and Hard of Hearing (DHH).
*LAP Goal
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* The number or proportion of LEP/DHH persons
served or encountered in the eligible service
population.
* The frequency with which LEP/DHH persons
come in contact with the program.
* The nature and importance of the program,
activity, or service provided by the program.
(Rank activities or services based on level of
importance; reasonableness.)
* The resources available to the recipient.
*Four Factor Test for
LAP Plan
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*Court Interpreter
Registry Program
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* Court Interpreter Registry Program (CIRP)
assigns “qualified interpreters” for indigent
criminal defendants, juveniles cases, and in
matters where the rights of parents are
implicated.
* All interpreters have attended a basic
interpreting workshop or training
* CIRP interpreters have successfully passed an
examination
* CIRP Interpreters are independent
contractors, and must maintain a valid
Business License.
* Assignments are either on-call or scheduled.
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* Magistrate and Arraignments
* Pre-trial and post-trial criminal proceedings for
indigent LEP/DHH defendants
* Family Court juveniles proceedings and juvenile
matters where the rights of parent/guardians
are implicated
* Attorney-client appointments PD, APD, PAP
* Counseling services at CSFC as ordered by the
judge
* Probation Services In-take and Chuukese DWI
classes
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*CIRP Resource Material
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* Code of Professional Conduct for Court Interpreters
* CIRP Administrative Rules #13-004
* Application Forms
* Interpreter Compensation Schedule PO #13-001
* Invoice Forms
* Training Manual on Basic Courtroom Interpreting
* Test Question Samples
* Oath of Interpreter and Certificate/Badge
* Job Description/Standards for CRIP Program Manager
and Court Interpreter
* Recommended Textbook on Fundamentals of
Courtroom Interpretation
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CIRP qualified 38 Interpreters in the following 13
Languages
AMERICAN SIGN LANGUAGE
CANTONESE
CHUUKESE
JAPANESE
KOREAN
KOSRAEN
MANDARIN
MARSHALESE
PALAUAN
POHNPEIAN
RUSSIAN
TAGALOG
VIETNAMESE
YAPESE
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Q&A
LET’S TAKE A 15
MINUTE BREAK
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PART II
MEANINGFUL LEGAL
EQUIVALENCE
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“A court interpreter is required to interpret
the original source material without editing,
summarizing, deleting, or adding, while
conserving the language level, style, tone and
intent of the speaker” (Gonzalez, 1987) Fundamentals
of Courtroom Interpreting 2nd Ed. 2012.
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An interpreter is a person who is fluent in both
English as a target language (TL) and a source
language (SL), who listens to a communication
in one language and orally converts it into
another language while retaining the same
meaning. ABA Standards for Language Access in Courts. July 6, 2012
*What is an
Interpreter?
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An interpreter transmits orally from the subject’s
source language (SL) to the target language (TL). It
requires split-second decisions.
A translator works to translate a written text from
a source language to a target language, taking as
much time as is needed, often surrounded by
dictionaries and other sources, to achieve the best
translation.
*Interpreter vs.
Translator
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“Interpreting is a complex set of integrated
cognitive tasks that involves an exceptional level of
bilingual language processing speed, expansive
working memory, multitasking, and rapid access to
and retrieval of appropriate linguistic, conceptual,
and cultural information, all of which requires
acute concentration, abstract thinking, cognitive
flexibility, analysis, and synthesis across two
languages.” (Spiro & Jehng, 1990)
*What is
Interpreting
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The unrehearsed transmitting of a
spoken or signed message from one
language to another. ABA Standards for Language
Access in Courts. July 6, 2012
*Or…….
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* A certified court interpreter is someone who has
successfully passed a comprehensive written test
on English proficiency, basic qualification skills
for courtroom interpretation including an
understanding of complex legal terms, passed an
empirically based oral examination in their source
language, and received training in the code of
ethics for court interpreters. Seltzer v. Foley 502 F. Supp. 660
(1980)
*Certified Court
Interpreter
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A Qualified Interpreter is someone who is not
a Certified Interpreter. It is a person who has
received training in basic interpreting skills,
familiarity with courtroom proceedings, and
understanding of the legal process, and is
trained in the Code of Ethics. There is no
standard for a qualified interpreter.
*Qualified Court
Interpreter
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Modes of Interpreting
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Consecutive Interpretation
Simultaneous Interpretation
Sight Translation
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In this type of mode the interpretation follows
the statement or question. The interpreter first
listens to the statement or question, then
speaker provides a break in the session to allow
for the interpretation. The interpretation
follows in a consecutive pattern; statementinterpretation-response- interpretation.
Consecutive
Interpretation
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Interpretation occurs at the same time as the
statement is being spoken.
The Interpreter speaks at the same time as the
speaker(s).
Strict simultaneous interpreting is impossible
Used most often during court proceedings where
the non-English speaking person is not being
addressed.
Simultaneous
Interpretation
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Oral interpretation of a written document
Common court documents:
- criminal complaint
- plea agreement
- release orders
- police reports
- statements and affidavits
Sight Translation
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Best Practices in the
Courtroom for Judges
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1.The LEP Should Be Addressed Directly
Sound interpreting protocol requires judges
and other courtroom speakers to address
the LEP directly. Do not address the
interpreter by saying, “Can you please ask
the defendant to state his name?”
Indirect communication causes confusion.
Interpreters are training to interpret in the
first and second person.
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2. Interpreters are trained to refer to
themselves in the third person.
“Your Honor, the Interpreter would like the speaker to repeat
the question.”
“Your Honor, may the Interpreter request that the lawyers
speak slower?”
“Your Honor, may the Interpreter ask the witness for
clarification of her statement?”
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3. An Interpreter should only interpret for one party
at a time.
4. Judges should instruct all speakers to modify their
speech patterns to assist the interpreter.
Avoid double negative questioning and compound
questions
Fast paced questioning results in interpreter fatigue
and errors as a result
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5. Permit the LEP to hear the testimony of a
witness of their same language without the need
for an interpreter.
6. An LEP should be allowed a certain degree of
code switching, but if the LEP desires to speak in
both TL and SL this should be limited so as to
prevent confusion during trial.
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7. Provide the interpreter any relevant
documents to assist in an understanding of the
general subject matter of the case, or to make
simultaneous interpreting more accurate
Indictment or complaint
Trial proceeding script
Jury instructions
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8. Grant requests from the interpreter for repetition
or rephrasing.
Proper protocol requires the interpreter to raise their
hand and inform the judge of the need for repetition or
clarification
If there is no equivalent the attorney should rephrase
the statement
Inquire whether there is an equivalent in the SL
Judges should encourage the interpreter to express
doubts regarding meaning of words and to allow
conferences to find a resolution
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9. Permit interpreters to have access to
resources such as a SL dictionary.
10. Interpreters are trained to take notes to
facilitate accuracy, especially witness stand
interpretation which is often a strain on short
term memory of even the most competent
interpreter
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* Code of Conduct for
Court Interpreters
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*CONFIDENTIALITY
*IMPARTIALITY
*ACCURACY
*Three basic criteria
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*Court interpreters shall render a complete and accurate
interpretation without altering, omitting or adding, to the
best of their skill and ability.
*Accuracy includes the court interpreter’s duty to correct
any error
*Court interpreters should not interject their own words,
phrases, or expressions
*ACCURACY
Sections 104 & 109
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*Court interpreters shall be impartial and unbiased
*Court interpreters shall not accept any gifts, gratuities or
favors of any kind
*Court interpreters shall limit their conversations with
parties, or with family, friends or relatives of any party
*Conflict of interest must be disclosed
*IMPARTIALITY
Section 105
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*Court interpreters shall not explain or otherwise
comment upon the utterances they interpret
* They shall not publicly discuss, report, or offer an
opinion concerning a matter
*Court interpreters should not discuss court
interpreter assignments with anyone
*They must refrain from repeating or disclosing
information obtained during a case
*CONFIDENTIALITY
Section 107
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*Court interpreters shall not give legal advice,
express personal opinions
*Court interpreters are prohibited from filling out
forms or paperwork
*A court interpreter should not explain the purpose
of forms, services, or otherwise act as a
counselor or advisor
*A court interpreter shall never act as a referral
service for any attorney
*CANNOT GIVE ADVICE
Section 108
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*General Courtroom
Instruction
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Instruction to the
LEP/Defendant
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* Do not engage in a conversation with the LEP
during the court proceedings. The only time you
are allowed to directly talk to the LEP is when
you are actually interpreting a question or a
response from the examining attorney, or the
attorney for the LEP
* If the LEP starts to ask you a question, or starts
talking to you, please do not answer the LEP, and
let me know or his attorney know that the LEP
has asked you a question. Interpret every
statement of the LEP.
DO YOU UNDERSTAND MY INSTRUCTION?
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Instruction to the
Interpreter
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* Do not engage in a conversation with the LEP
during the court proceedings. The only time
you are allowed to directly talk to the LEP is
when you are actually interpreting a
question or a response from the examining
attorney, or the attorney for the LEP
* If the LEP starts to ask you a question, or
starts talking to you, please do not answer
the LEP, and let me know or his attorney
know that the LEP has asked you a question.
Interpret every statement of the LEP.
DO YOU UNDERSTAND MY INSTRUCTION?
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Instruction to the
Witness
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* “You will have the assistance of an interpreter who will
interpret all questions from the attorneys, as well as my
statements, from English to [source language], and your
answers from [source language] back to English.
* Although you may understand and speak some English, it is
better that you speak in one language, and not switch back
and forth from your language to English because this may be
confusing for everyone.
* Speak normally, but also clearly so that we all can hear you.
Allow the interpreter an opportunity to interpret the entire
question before you begin your answer.
* The interpreter will not add or delete words from your
testimony.
* Please speak directly to the attorney, or me, when answering
a question.
* Do not talk directly to the interpreter, or ask the interpreter
any question. If you do not understand the attorney or the
question you may tell me that you do not understand. If you
do not understand the interpreter tell me that you do not
understand him/her.
DO YOU UNDERSTAND MY INSTRUCTION?
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Instructions to the
Jury
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Beginning Trial Instruction to Jury
“This court seeks a fair trial for all regardless of the
language they speak. We are going to have an
interpreter assist us through these proceedings, and
you should know what he/she can do and what he/she
cannot do. Basically, the interpreter is here only to
help us communicate during the proceedings. He/she
is not a party in the case, has no interest in the case,
and will be complete neutral. Accordingly, he/she is
not working for either party. The interpreter’s sole
responsibility is to enable us to communicate with
each other.
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* …cont’d.
Treat the interpreter of the witness’s testimony as if
the witness had spoken English and no interpreter
was present. Do not allow the fact that testimony is
given in a language other than English to influence
you in any way.
If any of you understand the language of the witness,
disregard completely what the witness says in her
language. Consider as evidence only what is provided
by the interpreter in English. If you think an
interpreter has made a mistake, you may bring it to
the attention of the Court, but you should make your
deliberation on the basis of the official interpretation.
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FINAL JURY INSTRUCTION
“This court seeks a fair trial for all regardless of
the language they speak, regardless of how well
they may or may not speak English, and regardless
of how much or how little the person may or may
not be able to hear. Therefore, do not allow the
fact that the party requires an interpreter to
influence you in any way.
Although some of you may know the non-English
language being used, it is important that all jurors
consider the same evidence. You should not rely in
any way on any knowledge you may have of the
language spoken; your consideration of the
testimony and evidence must be based only on the
English interpretation of the evidence introduced
at trial.”
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Oath of Interpreter
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“Do you solemnly swear to
interpret accurately,
completely and impartially from
English to (source language) and
back to English to the best of
your abilities and skills so help
you God?”
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Instructional VIDEO
CLIPS
THE END
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