Effective Use of Interpreters

NAUIAB Conference
Mystic, CT ● June 14, 2010

Dorothy Johnson, Deputy General Counsel, State of Florida

Unemployment Appeals Commission

Susan Nofi-Bendici, Deputy Director,

New Haven Legal Assistance Association, Inc.
Why we use interpreters
Due Process

• ‘The fundamental requisite of due process of law

is the opportunity to be heard’. . . “The hearing
must be ‘at a meaningful time and in a
meaningful manner.” Goldberg v. Kelly, 397
U.S. 254, 90 S.Ct. 1011 (1970).
Why we use interpreters
Executive Order 13166, Improving Access
to Services for Persons with Limited
English Proficiency

• Federal agencies and programs must examine

the services they provide, identify any need for
services to those with limited English proficiency
(LEP), and develop and implement a system to
provide those services so LEP persons can have
meaningful access to them.
Why we use interpreters
Necessity

• In 2005, 23.2 million U.S. residents (8.65% of

the population) spoke English less than very
well, a 246% increase from the 1990 census

• Quality testimony is vital to a developed record

and well-supported findings of fact
When You Use an Interpreter
• What do you expect of them? What do you want them to do for
you?

• What knowledge, skills, and abilities do you

expect them to have in order to meet your
expectations? What qualifications should they
have?

• How do you know when the person has these

qualifications?

• How do you effectively use the interpreter in the hearing?

• How do you judge credibility when an interpreter is used?

The Job
When you use interpreters, what
do you expect of them? What do
you want them to do for you?
The Job
To render everything said in court in the source
language into the target language:
1. Accurately, without any distortion of meaning
2. Without omissions
3. Without additions
4. Without any changes in style or "register"
5. With as little delay or interference in the
routine pace of court proceedings as possible!!
Legalese and Elliptical Language
• "To violate a defendant"(8 syllables)

• Correct Spanish:
"Acusar de una infraccion a un acusado bajo
libertad condicional.“ (24 syllables)

• Verbatim Spanish: (incorrect)

"Violar a un acusado.“ ("Rape a defendant")
Passive/Active Voice
"Golpearon a la puerta."
Incorrect: "They knocked at the door."
Correct: "There was a knock at the door.”

"Me dijeron eso."

Incorrect: "They told me that."
Correct: "I was told that.”
Skills and Abilities
What knowledge, skills, and
abilities do you expect the
interpreter to have in order to
meet your expectations? What
qualifications should they have?
Cognitive and Motor Skills
• 1. Listen
• 2. Comprehend
• 3. Abstract the message from the words and word
order
• 4. Store ideas -- Memory
• 5. Search for the conceptual and semantic matches
• 6. Reconstruct the message in the other language
• 7. WHILE . . . Speaking and listening for the next
chunk of language to process
• 8. WHILE . . . Monitoring their own output
Knowledge
• Know two languages, or be bilingual.

• Function in both languages not one language at a

time.

• Must know “semantic matches” for expressions

or idioms between the two languages.
Simultaneous Interpretation Ability
• In simultaneous interpretation, the interpreter
immediately repeats (interprets) what the speaker
says.

• The speaker may not pause or stop between

phrases or sentences. The speaker must maintain
an even pace.

• The Interpreter Must:

▫ The interpreter must listen in one language.
▫ Translate and talk to the party in the other language at
the same time.
Consecutive Interpreting Ability
• In consecutive interpretation, the speaker
completes an utterance before the interpreter
speaks.

• The interpreter must:

▫ listen while the speaker talks,
▫ remember it all, and
▫ then repeat it back.
Determining Qualifications
How do you know when the
person has these qualifications?
Certification

• A standardized process for assessing whether a

court interpreter is sufficiently proficient to
provide competent court interpreting services.

• This generally involves a test of competency.

Certification Tests
• Tests should have three parts:
1. Sight translation of documents:
a. Foreign language into English
b. English into foreign language
2. Consecutive interpretation of testimony
3. Simultaneous interpretation of an attorney's
opening or closing argument to the jury.
All are simulations of what interpreters do
in court
Certification Tests
• The test should evaluate:
▫ Grammar and syntax
▫ False cognates/interference
▫ General vocabulary
▫ Technical vocabulary ("legal," "court")
▫ Idioms and expressions
▫ Conservation of style
▫ Numbers, names, dates (accuracy)
▫ Modifiers and emphasis
▫ Position (words likely to be left out)
Examples of Test Errors
TEXT TO BE INTERPRETED
INTERPRETATION

Now, there were no injuries Now, there were no

in this accident. insults in this accident.

. . . but thought nothing of it. . …but did not think

about it at all.
It had to be dark. It was dark.

…continuing to harass him. continuing to offend

him.
Without Certification
• Agency Interpreters

▫ Initial agency test.

▫ On the job training.

▫ On the job continuing education and periodic

testing.
Without Certification
When Relying on Contract Interpreters You want to Know:

▫ Information on how and when the Interpreters language fluency was

verified/tested;

▫ Identification of the language(s) the individual is qualified to interpret;

▫ Level of competency including score on tests or rating assigned;

▫ Minimum of three years of professional experience including contracting with

state, local, or federal government entities;

▫ Proof of attending ethics and multicultural workshops and other continuing

education that includes training, in the applicable language including accuracy in
using a wide range of vocabulary, language skills that include grammar,
pronunciation, etymology, and improvisation techniques;

▫ Vendor interpreter program is headed by a certified telephonic interpreter

instructor by Department of Consumer Affairs Bureau for Private Postsecondary
and Vocational Education or equivalent.   
EFFECTIVELY USING AN
INTERPRETER
How do you effectively use the
interpreter in the hearing?
Determine the Need
• Use questions that can not be answered yes or no.
▫ Please tell the court your name.
▫ How did you learn English?
▫ Please tell me about your country.
▫ Tell me more about your country.
▫ What is the highest grade you completed in school?
▫ Describe some of the things you see in this courtroom.
▫ Tell the court the best way to communicate with you
and to let you know what is being said.
VOIR DIRE OF INTERPRETER
• What training or credentials do you have as an interpreter?

• What is your native language?

• How did you learn your foreign language skills?

• Are you familiar with the National Association for Judiciary Interpreters and Translators’
“Code of Ethics and Professional Responsibility”? What are its main points?

• How many times have you interpreted in court?

• Describe your familiarity with legal terminology.

• What types of cases have you interpreted?

• Are you related to or close friends with anyone in this case?

• Do you understand you are to be a neutral party who is here to facilitate communication and
that you should not offer advice or interject your opinion into these proceedings?
SAMPLE INTERPRETER OATHS

• Do you solemnly swear or affirm you will

interpret accurately, completely, and
impartially, using your best skill and
judgment in accordance with the standards
prescribed by law and follow all official
guidelines established by this court for legal
interpreting or translating, and discharge all
of the solemn duties and obligations of legal
interpretation and translation?
SAMPLE INTERPRETER OATH

Do you solemnly swear or affirm that

you will truthfully and accurately
translate all questions, testimony, and
proceedings at this hearing, to the best of
your ability?
SAMPLE INTERPRETER OATH
• Do you solemnly swear or solemnly and
sincerely affirm, as the case may be, that you will
interpret accurately the oath to be administered
to the witness and all questions that the witness
may be asked under direction of the court in a
language the witness can understand and speak;
that you will interpret accurately the answers of
the witness in English; and that you will make all
interpretations to the best of your skill and
judgment; so help you God or upon penalty of
perjury.
Before the Hearing Starts
• Allow the interpreter to converse briefly with the
non-English speaker.

• Ask the non-English speaker if the speaker is

able to understand and communicate through
the interpreter.

• Allow the interpreter to view court files prior to

the proceedings.
Explain the Use of the Interpreter
• The court interpreter is a neutral party who is here only to interpret the proceedings and
facilitate communication.

• The interpreter will interpret only what is said without adding, omitting or summarizing
anything.

• The interpreter will say in English everything the non-English speaker states in his or her
language and will say in _______ language everything said in English.

• Do not say anything you do not want everyone to hear.

• When speaking, please speak directly to the attorney or to me.

• Do not ask the interpreter for advice.

• If you do not understand the interpreter, then tell me.

• If you need a question or answer repeated, please tell me.
• Wait until the entire statement has been interpreted before you answer.
Instructions from the Judge
• Instruct all participants to speak loudly and clearly and
allow only one person to speak at a time.

• Participants must give the interpreter time to interpret

between sentences and keep statements short.

• Participants should speak directly to the party or

witness, not to the interpreter. Do not ask the interpreter
to explain or restate anything said by the party. Always
direct the interpreter to interpret in the first person in
order for the record to be accurate.
The Judge Should Remember
• The interpreter must convey all questions, answers and
courtroom dialogue. Advise the interpreter to notify the court
when breaks are needed. If the proceeding will last longer
than two hours, require the presence of two interpreters who
can switch off as needed.

• Court proceedings can be confusing and intimidating for a

non-English speaker since other countries’ legal systems and
concepts often vary from those of the United States.

• Address any objection to quality or content of translation.

▫ Allow the objecting party to fully explain the objection before
ruling on its validity.
▫ If a party establishes that the translation is significantly faulty, it
may be necessary to request a different translator.
Credibility
How do you assess credibility
through an interpreter?
Assessing Credibility
Through an Interpreter

What role does demeanor play in evaluating

interpreted testimony?

• Garcia v. Florida Unemployment Appeals

Commission: Court remands, orders that LEP
claimant be provided with Spanish-language
materials regarding appeal procedures and
rights/obligations of claimant.
Assessing Credibility
Through an Interpreter

What role does demeanor play in evaluating

interpreted testimony?

• Garcia v. Florida Unemployment Appeals

Commission: Court emphasized right to
request in-person hearing, “Because the hearing
turned on credibility issues, this was an
important right and one she may well elect to
exercise on remand.”
Assessing Credibility
Through an Interpreter
What role does demeanor play in evaluating
interpreted testimony?

• Apouviepseakoda v. Gonzalez: 7th Cir. defers to

Immigration Judge’s credibility determination,
noting “The IJ spent 6 hours in a hearing room, face
to face, with Ms. Apouviepseakoda.”

• Dissent questions whether observing interpreted

testimony results in better credibility call.
Assessing Credibility
Through an Interpreter
What role does demeanor play in
evaluating interpreted testimony?

• “Even if so in general, it cannot be so when the

witness is a foreigner testifying though an
interpreter, especially if the judge cannot even
hear the foreigner, but only the interpreter.
Reading the facial expressions or body language
of a foreigner for signs of lying is not a skill that
either we or Judge Brahos possess.” – Posner, J.
Assessing Credibility
Through an Interpreter

Speaking “style”: lost in translation?

• How faithfully do court interpreters render the

style of non-English speaking witnesses’
testimonies? A data-based study of Spanish
English bilingual proceedings. Sandra Hale,
University of Western Sydney  2002
Assessing Credibility
Through an Interpreter

Speaking “style”: lost in translation?

• Less credibility given to witnesses with a

“powerless speech style” – marked by hedges,
hesitations, rising intonation and intensifiers

• Interpreters faithfully interpreted content, but

not style
Assessing Credibility
Through an Interpreter

Speaking “style”: lost in translation?

• “Powerless” speech features rarely conveyed as

part of interpretation

• Features in the interpreted renditions were the

interpreter’s personal style of speech, or were
hesitations preceding difficult translations
Assessing Credibility
Through an Interpreter

Speaking “style”: lost in translation?

• Sometimes interpretation style was detrimental to

credibility determination; in some cases interpreter
improved testimony by eliminating grammatical
errors and hesitations.

• The takeaway? When assessing the credibility of

interpreted testimony, take care not to rely on
speech “style”
Assessing Credibility
Through an Interpreter

Strategies for Assessing Credibility Without

Relying on Demeanor/Speech style

• From Assessing Credibility in Labor Arbitration; Lareau,

Margaret A.; Sacks, Howard R., 5 Lab. Law. 151 (1989)
Assessing Credibility
Through an Interpreter
Strategies for Assessing Credibility Without
Relying on Demeanor/Speech style

• Look for inconsistencies:

▫ Within the testimony

▫ Between the witness’ present and past accounts

▫ Between the testimony and facts clearly established by other

witnesses or documentary evidence
Assessing Credibility
Through an Interpreter
Strategies for Assessing Credibility Without
Relying on Demeanor/Speech style

• Weigh carefully the significance of witness error (i.e. be

cautious in throwing out all of a witness’ testimony due to an
inadvertent error in part of it)

• A witness’ admitting an unfavorable fact or detail can be an

indicia of honesty
Assessing Credibility
Through an Interpreter
Strategies for Assessing Credibility Without
Relying on Demeanor/Speech style

• If appropriate, try to obtain additional

witnesses/documents

• If appropriate, resolve using burden of proof

without resorting to credibility determination
Florida Translation of Agency
Documents
• The Agency UC Web page is in Spanish

• Some written information is provided in Spanish and

Creole

• By end of year base forms will be on the Web in

Spanish and Creole.

• Claimant specific text will not be provided in Spanish

or Creole.
Thank You
• Information for this presentation was drawn
from:
• The National Center for State Courts
▫ WHITE PAPER ON COURT INTERPRETATION: FUNDAMENTAL TO
ACCESS TO JUSTICE by Conference of State Court Administrators.
▫ Bench Card for Judges by The Supreme Court of Ohio

• National Association of Judiciary Interpreters and

Translators
▫ Code of Ethics and Professional Responsibilities