KEY CONCEPTS AND BEST PRACTICES WHEN WORKING WITH INTERPRETERS
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1 KEY CONCEPTS AND BEST PRACTICES WHEN WORKING WITH INTERPRETERS
2 Why a professional interpreter? Black s Law Dictionary definition of a profession: A vocation or occupation requiring special, usually advanced, education and skill; The labor and skill involved in a profession is predominantly mental or intellectual, rather than physical or manual (p. 1089) The New Jersey Supreme Court Task Force on Interpreter and Translation Services: Professionals are individuals who not only possess specialized knowledge, but also adhere to a code of ethics, demonstrate mastery of skills through the licensing or certification process, and serve the public interest in the performance of their services.
3 Why a professional interpreter? Specialized knowledge: 1) Mastery of both (or several) working languages 2) Highly-developed short-term memory and ability to multitask cognitively; 3) Understanding of legal system, terminology and concepts; 4) Especially broad vocabulary; 5) Technically trained ability to process information quickly and accurately.
4 Why a professional interpreter: CODE OF ETHICS (NAJIT): - Accuracy - Impartiality - Confidentiality - Limitations of Practice - Protocol and Demeanor - Maintenance and Improvement of Skills and Knowledge - Accurate Representation of Credentials - Notice of Impediments to Compliance
5 Why a professional interpreter? N.M. STANDARDS OF PROFESSIONAL RESPONSIBILITY: Standard 1: Interpreters interpret faithfully and accurately. Standard 2: Interpreters confine themselves to interpreting. Standard 3: Interpreters act strictly in the interests of the court they serve. Standard 4: Interpreters are language access professionals.
6 QUALIFICATIONS SPOKEN LANGUAGES: Federal Court Interpreter Certification State Court Interpreter Certification In NM: Justice System Interpreter (JSI) Civil Rights Act of 1964 ASL (AMERICAN SIGN LANGUAGE) and OTHER SIGNED LANGUAGES: - Court Certified, Computer Aid Real Time Captioning, Certified Deaf Interpreter. - American Disabilities Act
7 BEST PRACTICES: Don t Certified Court Interpreters. - Use certified court interpreters for all legal proceedings, including those outside of court. - If Certified Court Interpreter not available, then JSI (not for jurors, pleas, evidentiary hearings). Advocate vs. impartial communicator. - Can interpreters ever be partial? Interpretation of recorded (audio or video) evidence for the record should be transcribed and translated. - Ad-hoc interpretation of recordings falls short of evidentiary standards. See position paper from NAJIT: Onsite Simultaneous Interpretation of a Sound File is Not Recommended.
8 BEST PRACTICES: DO 1. Background information about the case improves performance. 2. Understand the modes of interpretation : Simultaneous, Consecutive, Sight Translation. 3. Prepare/guide witnesses, defendants, litigants, jurors, about the role of interpreter.
9 BEST PRACTICES: DO 3. During Witness Testimony: - Speak in the first person and directly to the witness. - One person speaks at a time. - Know your witness (I m not kidding!) - Prepare interrogatories taking interpretation into account. - Double negatives: *Q: So you admit confirming not denying you ever said that? A: No! I mean yes! What? --Line from Calvin & Hobbes 4. Team interpreting for proceedings over 2 hours.
10 BEST PRACTICES Concerns about interpreter errors: - Real v. perceived errors - Interpreter errors due to lack of information, or cultural and/or linguistic differences - NAJIT: most cases on appeal are based on errors of procedure. - What do you do if you think the interpreter has made a mistake?
11 QUESTIONS? Thank you!
12 This presentation based on Interpreting in a Legal Setting: A Guide for the Attorney, presented by the Bench and Bar Committee of the National Association of Judiciary Interpreters and Translators (NAJIT) NAJIT 2011 The presenters express their gratitude to NAJIT for their resources supporting the profession.
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