Working with Interpreters

Ervin Dimeny, J.D.

Joshua Elliott, M.A.

Agenda

Provide helpful tips for: Working with interpreters and translators Effectively using available language access resources

Review relevant issues related to language access in the courts

Discuss pertinent laws and protocols pertaining to the use of judicial interpreters

Q & A

Anticipating the need Issue I

Tip: Know Relevant Laws

Constitutional issues

Federal laws ADA

Title VI of the Civil Rights Amendment of 1964

State laws KRS

Supreme Court Rules

Title VI of the Civil Rights Act of 1964, The Basics

No Discrimination based on race, color, or national origin in Federally subsidized programs or activities

National origin discrimination = Language-based discrimination

Recipients of federal funds must take reasonable steps to ensure meaningful access to programs and activities by individuals with limited English proficiency

Title VI applies regardless of the amount of the federal funds received

Title II of the Americans with Disabilities Act Services offered by public entities must be accessible to qualified individuals

with disabilities. Discrimination, on the basis of disability, is prohibited. 28 CFR 35.130

Individuals with disabilities must have access to all programs, services, and activities of the court system, including the circuit court clerk’s office.

Denial of access could lead to a lawsuit or a complaint filed with the Department of Justice and/or the Kentucky Commission on Human Rights.

Public entities shall make reasonable modifications in policies, practices, or procedures when the modifications are necessary to avoid discrimination on the basis of disability. 28 CFR 13.130(b)(7)

Public entities are not required to take any action if they can demonstrate that it would result in a fundamental alteration in the nature of a service, program or activity, or in undue financial and administrative burdens. 28 CFR 35.164

Kentucky Laws

KRS 30A.400 – 435

KRS 309: 301

Supreme Court of Kentucky: Administrative Supreme Court of Kentucky: Administrative ProceduresProcedures

Procedures for Appointment of InterpretersProcedures for Appointment of Interpreters Code of Professional Responsibility for InterpretersCode of Professional Responsibility for Interpreters

Procedures for Appointment of Interpreters

Section 4 Appointment of and requests for Interpreters

Parties, deaf jurors, witnesses or certain non-parties Deaf and hard of hearing attorneys

Section 5 Responsibility for payment for Interpreting Services

Court Proceedings and direct services

Section 6 Responsibility for obtaining and scheduling an interpreter

Code of Professional Responsibility for Interpreters

Application and Preamble Canons:

The interpreter as a highly skilled professionalCanons: 1,2,7,8,10

The interpreter as an officer of the CourtCanons: 3,4,5,9

The interpreter as a private citizenCanon: 6

Preparing your case Issue II

Tip: Know Your Obligations

Rules of Professional Conduct Client Intake

Ensure compliance with applicable legal requirements Make it user-friendly for the LEP and DHH

Communication Attorney-Client Relationship

Cultural issues and considerations Communicating via a remote interpreter When to hire an interpreter?

Documents and Data Management

Tip: Understand Your Client

Relevance of Linguistic Competency Bilingualism

Native Language English

Reading and Writing Competency

The Relevance of Cultural Competency Cultural Norms and Preferences Education

What is Bilingualism?

Degrees of Bilingualism

Most people fall somewhere between the two extremes; one language is dominant while the other is subordinate.

It is normal for most bilinguals to handle each of the two languages well in certain contexts: Literature versus Sports Academic versus Non-academic

One’s level of bilingualism may be stable or unstable, based on the frequency of use.

Tip: Understand your Need

Do I need: An interpreter or a translator?An ASL interpreter, a CDI, or CART?Some type of assistive listening device? Remote interpreting or VRI?

Who needs language assistance?Your client, a party, witness or a deaf juror?

Consider all other language-related issuesAudio/Video materials Translated documents

Issue IV How do I choose the

right interpreter?

Tip: Use a Certified Interpreter

18

Certified Interpreter

akaLanguage

Expert

Pragmatic bilingual

skills

Interpreting skills

Law-related content

knowledge

Professional conduct

Qualification standards set

by law

Qualification standards set by procedure

Tip: Understand how court interpreting works

What are the 3 General Modes of Court Interpreting?

Sight Translation

Consecutive

Simultaneous

Sight Translation

Sight Translation

Sight Translation – The oral translation of a written document, a hybrid of translation and interpretation.

ST relies on the comprehension of the written text and the instantaneous, oral translation of that text into the TL.

Ideally, a sight translation should sound as if the interpreter were simply reading a document written in the target language.

Consecutive Interpretation

Consecutive Interpretation In consecutive interpretation (CI), the interpreter waits until the

speaker has finished the SL message before rendering it into the TL. The SL message may last anywhere from a few seconds to several minutes, and the rate of speed and density of discourse vary with each speaker and subject matter.

CI involves complex mental tasks of language perception, storage, retrieval, and generation.

Many interpreters consider CI more difficult than simultaneous interpretation.

Simultaneous Interpretation

Simultaneous Interpretation

Definition – Simultaneous interpretation (SI) refers to the technique whereby the interpreter speaks at the same time as the SL speaker.

SI is widely recognized as a very difficult, complex mental task.

Not actually “simultaneous.” The interpreter lags behind the speakers at least one unit of thought. This time lag is known as decalage.

The concentration required for SI places a great deal of pressure on interpreters.

How will the interpreter affect my case?

Issue V

Tip: Be Prepared for Court

Know the local protocols Understand the staffing needs Inform the Court about special needs Be prepared for hearings and trials

Understand the various roles that interpreters fill Prepare your interpreter Objections

DHH clients and jurors Privileged communication

Tip:Inform Your Client about the Role of the

Interpreter

Ensure that your client understands the role of each interpreter

Prepare your client and interpreter properly Be aware of cultural issues when working with LEP or DHH

individuals Be aware of limitations when communicating with deaf and

hard of hearing persons

The Various Roles of Judicial Interpreters

Court Interpreter/Proceedings Interpreter

SCR: Professional Code or Responsibility for Interpreters

Extension of the Bench - Provides assistance to the Court in communicating with LEP and DHH individuals

Table Interpreter/Private Linguistic Expert

Kentucky Rules of Professional Conduct

Access to attorney

Confidential communication between attorney/client

Monitoring role

Interpreter working with deaf attorneys

Status: not under oath

Extension of counsel – the voice of the deaf attorney

Tip: Communicate Effectively

Avoid using idioms, slang and legalese

Talking too fast or too slow will impact the efficiency of the interpreting process

Don’t use exaggeratedly complex or artificially long sentences

Address the party in the first person The interpreter is like a magic telephone

Monitor your voice projection

Try to minimize multiple conversations

Resources

AOC Interpreter Directory Remote Interpreting providers

Video Remote Interpreting

Telephone Remote Interpreting

Translation Services providers American Translators Association

National Association for Judicial Interpreters and Translators

Contact information

Web site: http://courts.ky.gov/stateprograms/courtinterpreters/

Questions? You may reach us at: ervindimeny@kycourts.net

joshuaelliott@kycourts.net