The State of Our Art: A Discussion of Changing Trends in the Field of Legal Interpreting. Presented by: NCIEC Legal Interpreting Workgroup

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The State of Our Art: A Discussion of Changing Trends in the Field of Legal Interpreting Presented by: NCIEC Legal Interpreting Workgroup

What is the NCIEC Five regional centers and one national center work collaboratively Foster networks among all stakeholders in our academic, professional and consumer communities Investigate and disseminate proven approaches to teaching, mentoring, program administration, and consumer education. 2

The National Consortium of Interpreter Education Centers build and promote effective practices in interpreting education. The National Consortium draws upon the wisdom and energy of experts, consumers and other stakeholders to advance the field. The National Consortium is dedicated to challenging the status quo by promoting innovation, strong partner networks and multiculturalism throughout its programming. As responsible stewards of public funding, the Consortium is committed to products, programs and services that maximize resources and are replicable, measurable, sustainable and non- proprietary. 3

To increase the number of qualified interpreters and advance the field of interpreting education 4

Visit our website at http://www.nciec.org/ This PPT will be available at the website under the legal interpreting workgroup link 5

Legal Interpreting a long- recognized area of specialization As more scholarship and research emerge, practices evolve, improve and change. Practices conceived by practitioners over time through application of theory drawn from the The LIWG seeks to further this process by building partnerships that stimulate the open exchange of ideas, experiences and knowledge. 6

Core Workgroup Members Jimmy Beldon, CDI- MN Margaret Cobb, SC:L- CA Jan DeLap, CDI- MD Carla Mathers, Esq., SC:L- MD Kellie Stewart, CI,CT- MA Anna Witter- Merithew, SC:L- NC/CO, Team Leader 7

Other Contributors Supporting Members Richard Laurion, CATIE Center Mary Lightfoot, GURIEC Contributing Experts Keri Brewer, OR John Folker, AZ Jo Linda Greenfield, CO Lisa Gonzales, CA Lorrie Kosinski, CO Priscilla Moyers, CA Rachel Naiman, CO Cynthia Napier, NM Sharon Neumann Solow, CA Lynda Remmel, CO June Prusak, Ill. 8

An Overview of Our Work Sample activities Amicus Brief submitted on behalf of NCIEC and RID in matter of Linton v. State of Texas, No. PD- 0413-08 (Tex. Crim. App. 1/14/09) Funding and collaboration for the LIMS SC:L Prep event Funding and collaboration for the Iron Sharpens Iron III Conference Funding for research project conducted by Roberson, Russell and Shaw 9

Format for Today Panel Presentations Observational Tool for DI- HI Teams Deaf Interpreters in Court Brief Best Practices in Legal Interpreting Specialty Competencies in Legal Interpreting Small Group Discussion - How does the work of this group impact your day to day experiences as interpreters in the legal setting? Wrap- Up - Salient Observations - Announcement about focus groups and sign- up sheets - Questions that remain 10

Observational Tool for DI- HI Teams Panel Members Margaret Cobb Jimmy Beldon Ventura County RID Research Grant Tracy Clark and Margaret Cobb, Principal Investigators 5 courtroom observations Salient Points Collaboration between NCIEC Deaf Interpreter and Legal Workteams to assist in creating tool Tool is generalizable to other settings Tool will be available for use by others on the website once modified after Ventura County completes data collection 11

Deaf Interpreters in Court Brief Panel Member Carla Mathers Salient Points Many Deaf litigants struggle without a DI Three reasons: Characteristics of some Deaf people Characteristics of some hearing interpreters Characteristics of legal environments Legal authority for deaf interpreters 12

NAD- RSA Report the presence of secondary disabilities, being foreign born or having English as a second language, a lack of family support, inappropriate diagnosis, substance abuse, discrimination, inappropriate education, and residence in a rural or low income urban setting.

Deaf Interpreters Work Team underdeveloped ASL skills, limited socialization in the deaf community, limited education, cognitive challenges, delayed language, organic issues causing affect deficiencies, mental illness, problems caused by drug abuse, or other physical challenges

New Jersey Guidelines Limited opportunities for acquisition of ASL. A bilingual home/school environment. The presence of a secondary handicapping condition. A lack of natural language development. Limited or no formal education. Social isolation.

Quality of Interpretation & Characteristics of Environment Hearing interpreter Limited exposure Complex procedural matters Legalese Deaf litigant Filtered through disadvantaged interpreter <12% at age 16 read at fourth grade level 30% adults functionally illiterate 60% adults unable to read Miranda

Statutory Components Settings Functions Definition Voir dire Oath Understandable Language Preliminary determination

Structure Traditional Legal Interpreting Deferral States Credential based Licensing Hybrid

Statutory & Common Law Standards Assist, Improve or Enhance Unsatisfactory Interpretation Oath in an Understandable Language Intimate Association In Consultation With Case Law Standards - - Prelingually Deaf

Best Practices In Legal Interpreting Panel Members Kellie Stewart Margaret Cobb Elements of Effective Practice Aligned Measurable Sustainable Transferable/Replicable Responsive 20

Competencies of Legal Interpreters Panel Members Jan Delap Anna Witter- Merithew Prevailing Challenge Defining what distinguishes specialty practice from generalist practice 21

Does Specialization Exist? date stems from the desire to protect the interests of consumers and to identify colleagues who have specialized proficiency to serve specialized needs in areas that extend beyond the reach of our generalist resources. 22

Professions in General: Houle (1993) Generalist Formal procedures are established to transmit the essential body of knowledge and technique of the vocation to all recognized practitioners before they enter service and throughout their careers. Specialist In the modern era the placement of specialized courses are so often part of graduate study in universities or other higher education institutions. This has become such a dominant method as to be, in the opinion of many experts, the hallmark of a profession itself. 23

Implications for Our Professionalization Laws Demand for Interpreters Practitioners outside norms professional standards Delayed Professionalization Witter- Merithew & Johnson, 2004 24

Competent v Default Autonomy Autonomy Competence Competence involves not only knowing, but also. It is your professional responsibility know and accordingly, seek consultation or provide service under the direction of an available and qualified colleague. As the complexity of the tasks increase, there may be more need for consultation and supervision. Kramer & Schmalenberg, 1993, p. 7 25

Autonomy: A Part of Professional Maturity 26

Recurring Domains and Competencies System Knowledge Knowledge of system standards Application of system protocol Discourse genre and specialized vocabulary Intra- system communication skills Disposition and Reflective Practice Interpersonal Relationships & Interactions with Consumers Interpersonal Relationships & Collaboration with Peers Reflection on Interpreting Performance 27

Reoccurring Domains and Competencies- continued Interpreting Performance High degree of consecutive, simultaneous and blended competence Sight translation Team collaboration Planning and Task Management Functions Advance preparation Monitoring and self- awareness Process- related decision making Self- Care 28

Next Steps Survey to gain broader practitioner input into what has been identified to date UNC DO IT Center/MARIE to work with LIWG to host a national summit focused on distinguishing generalist from specialist competence 29

Question and Answer Period 30

Break10 minutes 31

Small Group Discussion Organize Break into groups of 8-10 people Select a facilitator to guide the discussion Select a note- taker to write down salient points Select a timekeeper to monitor time spent on questions Engage Discuss questions from the activity sheet Can prioritize questions according to interests of the group A total of 40 minutes is available for discussiontry to cover at least 2-3 questions during that time Committee members and volunteers will float and assist you as needed 32

Small Group Wrap- Up Report Floaters will report out 2 or 3 salient points that surfaced from the discussions Follow- Up Note- takers please turn in your notes as you leave the roomvolunteers standing at the doors. These will be typed up and posted on the website along with the presentation PPT. 33

Next Steps Focus Groups related to competencies and best practices Monday, August 3 rd 8-9 PM in Room 307 of Marriott Wednesday, August 5 th 1-2 PM in Room 307 of Marriott Sign- up if interested in participating Each session limited to 20 individuals Online survey related to competencies and best practices Open until Monday, August 24th Pick- up announcement on the way out 34

Thank You for Coming and Participating! is, but in advancing toward what Kahlil Gibran 35

Citations Houle, C. O. (1993). Possible futures. In M. R. Stern (Ed.), Power and conflict in continuing professional education ( pp. 41-46). Belmont, CA: Wadsworth Publishing Co. Kramer, M., & Schmalenberg, C. (1993). Learning from success: Autonomy and Empowerment. Nursing Management, 24(5), 58-64. Witter- Merithew, A., & Johnson, L. (2004). Market Disorder Within the Field of Sign Language Interpreting: Professionalization Implications. 2004 Journal of Interpretation. Silver Spring, MD: RID Publishing. 36