interpreters and translators what’s needed for actual access to courts

Interpreters and Translators

What’s needed for actual access to courts

The Future

• -More languages• -More places• -More often

NumbersOf the 7,000 languages in the world about 350 languages have over a million speakers.

Politics, Economics and War

• Have created immigrant and refugee flows larger than any time in history.

• Many speak less common languages

NationwideThe US LEP population increased by over 80 percent from 1990-2010

NEEDSLEP populations can’t access our legal system fully without skilled interpreters.

Quality Challenges

• New languages• Supply in all languages• Learning curve issues• Lack of testing tools

The biggest misperception

Bilingualismis all that’s

needed

CONDUIT

The idea that interpretation occurs WORD for WORD as if words spoken into a pipe come out verbatim at the other end in another language is completely wrong.

When someone says, “Be careful, it’s raining Cats and Dogs!”

No one fears being beaned by either a cat, or a dog falling from the sky.

Meaning, clarity, and culture are interwoven.

The term ”life sentence” varies depending on what the legislature has decided that “LIFE” means

Interpreter skills must go well beyond being bilingual.

SHORT TERM MEMORY

LISTENING SKILLS UNDERSTANDING

SKILLS INTERPRETING

SKILLS SPEAKING SKILLS

Interpreters cannot interpret anything they don’t fully understand

Interpreters use JUDGEMENT in choosing which words will carry a message into the other language.

Language is humanities most complex behavior.

In 2009 Washington tested many interpreters: six attempted the Arabic tests; none passed. Twelve took the Korean tests; none passed. Forty-nine took the Spanish tests; five

passed.

For ten years running, everyone had failed the Vietnamese test.

Barriers come in many “packages”

Language ability and interpretation capacity aren’t enough. There are other “complications.”

Cultural Blindness

Asking for a Somali translation seems straightforward, until you realize differing ages and ethnicities who identify as Somali don’t necessarily read the same script.

Interpreters shouldn’t be related to parties

Screening may be more difficult that you’d think.

蔣介石 Is a famous person.

A transliteration of the name his parents gave him:

JIANG Jieshi (Mandarin: Pinyin)CHIANG Chieh-shih (Mandarin: Wade Giles)TSEUNG Kai-shek (Cantonese)CHIANG Kai-shek (His own romanization, part

Wade-Giles part Cantonese

The same Characters spoken in different dialects produce a different English Romanization.

Extra-linguistic issues

•Religion•Political•Gender

A Cambodian might feel a Khmer Rouge

interpreter could be a barrier. A Tutsi, might feel a Hutu would be a barrier. A Croatian might not want a Serbian

interpreter. A year ago a Russian speaking Ukrainian

might have worked fine for a Russian. Should Palestinians interpret for Saudis? Who will be appropriate for the Syrians? Should a male interpret for a sexually

assaulted female?

Other “complications”

Legal Terminology mastery without procedural knowledge can derail trials.

What’s been done

• Commissions– Testing– Assessment of needs– Policy development– Monitoring

• Skills• Continuing Education• Ethics

Adequacy• Certified and Registered interpreters

– Differences in the meaning of terms– State to State languages differ– Testing tools– Monitoring

Coordinators• Creation of Interpreter Supply• Development of resources• Education of interpreters• Monitoring

– Accuracy– Timeliness– Procedural abilities– Specialization– Use of tone– Use of gesture– General decorum

CoordinatorsEducation of users

-Correct language?Requester/witness labeling issues

-Appropriate Request?Sight translationNon-interpretation tasks

-Can it be done?Schedule issues/timingEnough time (translation: jail calls etc.)