Court Interpreters 101 Understanding the Role of Court

Court Interpreters 101 – Understanding the Role of Court Interpreters (vis-à-vis SRL’s) Sponsored by the California Federation of Interpreters San Francisco, California June 10, 2011 Copyright June, 2011 – Genevieve Navar, with Alejandra Sorika

MUTUAL UNDERSTANDINGS n Cell phones on silent or off n Active participation is encouraged One speaker at a time n Everyone’s input is valid and important n n Respect differences “I don’t seek to know the answers, I seek to understand the questions. ” - Confucius (551 BCE – 479 BCE)

Who are we? Quienes somos?

Genevieve Navar n n Federal and California Court Certified Interpreter Presenter of Workshops on Ethics, Culture, and Language Issues in the Judicial System Masters in Education - S. F. State; Studies at USF Law Editor – 4 th Edition Ethics Manual for Interpreters Alejandra Siroka n n Federal and California Court Certified Interpreter Communication Consultant Faculty at San Francisco State University Legal Interpreting Certification Program Professional Division Director, California Federation of Interpreters 4

OBJECTIVES: n Identify and learn role of interpreter, translator and/or cultural broker n Develop techniques for managing the communication triad during the session (agency staff, client/party, and interpreter) n Develop skills in managing the flow of sessions while using an interpreter n Problem-solve possible challenges faced when using interpreting services 5

ACCESS AND FAIRNESS “Injustice anywhere is a threat to justice everywhere. ” Dr. Martin Luther King, Jr. (1929 -1968)

COMMON VIEWS Using an interpreter…… § § § Takes too long Interferes with rapport with the client Is expensive Is disruptive Is unnecessary Affects the quality of the service negatively 7

IMPORTANCE OF LANGUAGE n Effective Communication Ensures an effective provider-recipient relationship n Ineffective Communication Can generate lack of trust, incomplete disclosure n Leads to misunderstanding, inappropriate course of action n Creates feelings of frustration, confusion, anger on all parties n Conflicts may escalate n Issues may not get resolved 8

THE PURPOSE OF PROVIDING INTERPRETERS Fairness is what justice really is. - Justice Potter Stewart To put everyone on fair footing

A COMMUNICATION TRIAD n-V No l& rba Ve l rba Ve n- No erb al Agency Staff Member Interpreter Client Verbal & Non-Verbal 10

THE ROLE OF AN INTERPRETER: n Conduit n Clarifier- within scope n Cultural Culture Broker – within scope Clarifier Conduit 11

BEING IN COURT – A Complex Matter Judiciary “Impartially” Agency “With Determination” The State “Vigorously”

THE ROLE OF AN INTERPRETER An interpreter must have: n Discipline n Discrimination n Discretion

THE ROLE OF AN INTERPRETER Ethical Practices and Goals "I will apply …measures for the benefit of the people I serve according to my ability and judgment; I will keep them from harm and injustice. "

INTERPRETERS’ CODE OF ETHICS The Judicial Council of the State of California 1. 2. 3. 4. 5. 6. 7. Accuracy Impartiality Confidentiality Scope of Practice Professional Detachment Continuing Education Duty to Profession

ACCURACY AND COMPLETENESS n Complete n No embellishments n Same register n Same meaning n Voice tone / emotion n Gestures

Role-Play Exercise - #1: 1. Work in triads. 2. Each person will have a role: provider, client, interpreter. Decide who is who. 3. Provider and client will receive a script. 4. Interpreter will interpret in English simultaneously. Interpreter cannot look at script. 17

ACCURACY AND COMPLETENESS What are the challenges of these requirements in an SRL Setting? n n n No gestures Slang, jargon and obscentities Comments and questions Same register No embellishments Cultural “misses”

Role-Play Exercise - #2: 1. Work in triads. 2. Each person will have a role: provider, client, interpreter. Decide who is who. 3. Provider and client will receive a script. 4. Interpreter will interpret in English consecutively. Interpreter cannot look at script. 19

THE ROLE OF AN INTERPRETER n n § n Consistent with the dignity of the court; Being as unobtrusive as possible; Without drawing undue or inappropriate attention; Yet acting competently to perform work dutifully. How is this a challenge in and SRL setting?

CONFIDENTIALITY Why is maintaining confidentiality particularly challenging in interpreted SRL matters?

PUBLIC COMMENT vs. moral duty “Interpreter Breaks Confidentiality Code to Speak Up. ” Erik Camayd Freixas http: //www. democracynow. org/2008/7/14/court_interpreter_for_workers_rounded_up

CONFLICT OF INTEREST An age-old issue… Malinalli Tenepal – “La Malinche”

CONFLICT OF INTEREST Any condition that interferes with objectivity In what ways can an interpreter working with an SRL encounter conflicts of interest?

IMPARTIALITY Be impartial, unbiased and … do nothing that may give an appearance of bias.

IMPARTIALITY Signs of Partiality n Intrusion in Case Apparent Favoritism Behavior and Demeanor n Perceived Bias or Over-Dependence n n How does working with SRLs increase the likelihood of perceived bias?

SCOPE OF PRACTICE – Back then… LEGAL ADVICE The Old Bailey

SCOPE OF PRACTICE A QUESTION OF BALANCE “I will apply, for the benefit of that I serve, all measures that are required, avoiding those twin traps of overdoing and undercaring. ”

SCOPE OF PRACTICE INTERPRETERS MUST REFRAIN FROM GIVING PARTIES: n Legal advice n Counseling or explanations n Personal opinions n Services construable as being other than own duties How does affect working with an SRL, and vice-versa?

SCOPE OF PRACTICE “Just translate. I don’t want you to interpret!” - An Annoyed Judge 30

Exercise n In your experience… On separate index cards, write down: Situations you have known of which illustrate SRL issues arising during interpreted matters. On the back of each card, mark down how it was resolved and what you felt about it.

Break…

PROFESSIONALISM Practices Pre-Emptive Preparation n n Introduce self to relevant parties Review pre-appearance instructions Establish procedures with counsel Know practice and preferences of judge Obtain case information

PROFESSIONALISM - Practices Demeanor n n n n Intonation Eye Contact Gestures Body Language Distance Attitude Dress

PROFESSIONALISM - Practices Self-Represented Litigants n n n Identify whether litigants are represented or not Introduce yourself and state your role Be aware of the context of case Refer individuals to collaborative parties Advise the judge of questions / problems

PROFESSIONALISM v “Being a neutral interpreter does not exclude having a sense of responsibility for the people one works with. ” Helge Niska, in “Just Interpreting”

IMPEDIMENTS to Effective Communication Kinds of Impediments § Language / Communication § § § Physical / Mechanical Functional / Resources Emotional / Stressors

IMPEDIMENTS… Pressure!

IMPEDIMENTS… Dealing with Emotions

IMPEDIMENTS… VICARIOUS TRAUMA Identifying with the victim… Vicarious trauma is the experience of having your "inner experience" deeply affected by exposure to another's trauma.

MANAGING INTERPRETATION “I will remember that I do not interpret mere words, but that I am the voice for human beings, whose troubles may affect whole communities. My responsibility includes awareness of those related problems, if I am to grasp adequately the measure of my task.

MANAGING A SUCCESSFUL INTERPRETED SESSION Cultural and Personal Awareness: § § § Fear and Intimidation Self-Righteousness and Entitlement Distrust and Ignorance of Legal System Limited Socio/Economic/Educational Status Other Specific Traits

MANAGING A SUCCESSFUL INTERPRETED SESSION Before the Session Interpreter n n n Introduces self Explains roles, instructions, expectations – within scope May ask questions – within scope Provider n n n Speaks through interpreter Explains nature, purpose, goal of session Checks in with interpreter 43

MANAGING A SUCCESSFUL INTERPRETED SESSION During the Session Interpreter n Positions self optimally n Uses first person to interpret n Interprets everything said out loud n Clarifies as is appropriate 44

MANAGING A SUCCESSFUL INTERPRETED SESSION Client Provider § Knows what the roles and the process are n Works together to get his/her needs met n Repects confidentiality Comes prepared n Has awareness and respect for interpreter and the process n Is open and flexible n Interpreter n n Knowledgeable and aware Respects court, client and provider 45

SCENARIO – Cultural Chasms How would you handle this situation if: … What, if anything, would you say to the party? What, if anything, would you say to the family? If at all, how would you address this to the judge?

DEALING WITH CHALLENGES 47

WRAPPING-UP n Questions and comments n Evaluation 48

A DUTY TO ALL: “I will remember that I remain a member of society, with special obligations to all my fellow human beings. ”

Thank you – Be well.