Interpreters and Translators Whats needed for actual access

Interpreters and Translators What’s needed for actual access to courts

The Future • • • -More languages -More places -More often

Numbers Of 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

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

NEEDS LEP 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 Bilingualism is 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.

Ø 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.

Ø SHORT TERM MEMORY Ø LISTENING SKILLS Ø UNDERSTANDING SKILLS Ø INTERPRETING SKILLS Ø 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: Ø six attempted the Arabic tests; none passed. Ø Twelve took the Korean tests; none passed. Ø Forty-nine took the Spanish tests; five passed. For ten years running, everyone had failed the Vietnamese test.

Barriers come in many “packages” ØLanguage ability and interpretation capacity aren’t enough. There are other “complications. ” 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

Ø A Cambodian might feel a Khmer Rouge interpreter could be a barrier. Ø A Tutsi, might feel a Hutu would be a barrier. Ø A Croatian might not want a Serbian interpreter. Ø A year ago a Russian speaking Ukrainian might have worked fine for a Russian. Ø Should Palestinians interpret for Saudis? Ø Who will be appropriate for the Syrians? Ø Should a male interpret for a sexually assaulted female?

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

Coordinators Education of users -Correct language? Requester/witness labeling issues -Appropriate Request? Sight translation Non-interpretation tasks -Can it be done? Schedule issues/timing Enough time (translation: jail calls etc. )