Jennifer De La Cruz



by on Thursday, July 2, 2015




Not in My Home, You Don’t

**Flashback First Friday continues with a piece on honesty in the profession from 3 years back**

     Recently, I had some work done at the house. It was a simple installation of a security system, done by a pretty reputable company with a clean-cut salesman at the helm. Even the installer seemed to be nice enough: big smile, joked around, worked efficiently and kept his mess to a minimum.

     At some point in the process, this installer asked me to take a look at something he’d done to the system. No problem. What I was surprised (shocked!) to hear him tell me was that he could sell me an upgrade on the side that takes advantage of products removed from other clients’ homes. My mind immediately flashed to a suburban version of a guy in a dark alley asking if I wanted to buy a watch!  My heart was saddened as I respectfully declined the offer, yet I couldn’t help but feel offended at such dishonesty in my own home. The positive image I had of the installer was actually ruined.

     When I got to thinking about my experience, I saw a clear parallel to the ethical principles of our profession that deal with accurate representation of our qualifications. By extension, when we’re asked to work as interpreters and translators in any setting, we’re being entrusted first and foremost with a specific task required for somebody else’s “home”—be it their court, their clinic, their conference or their document. They’re trusting that we’ll be honest about what we do, from stating our credentials and experience to the specific words or techniques we use in practice.

     We’ve all heard stories about interpreters who call themselves “certified” when the reality is that they can only claim to have a certificate from a program; or the translators out there who rely exclusively on machine translation and charge as if they actually put some thought into their work. Happily, we don’t necessarily fit into either of those extreme categories if we’re conscientious professionals who do, indeed, possess the proper skills, training and experience to practice our craft. But does that mean that we’re not susceptible to falling into a “misrepresentation” trap too?

     Consider the times when, perhaps, you’ve been called upon to defend a particular term or phrase you used in a translation or an interpreting session. Can you truly say you were always open to the possibility that your choice was inadequate, inaccurate, and well-deserving of the challenge? Have you ever felt tempted to save face by stretching the truth so that your choice is made out to be a good synonym when it was, at best, only a related term? Food for thought, at the very least.

     I hope we can all answer the above by saying we’d never lead our client into thinking we’re right when, in fact, we’re wrong. With this hope in mind, I would call upon myself, and my professional colleagues, to continue to respect others’ “homes” and be completely honest about what we’re doing. It’s not always guaranteed to be the easy path, but it is widely held that it’s the mark of the true professional to know where limitations lie, and where it may be necessary to stand corrected or even decline an attractive offer of work.

     It may not be so easy to take a long, hard look at ourselves and seek to identify where we can apply the honesty principle. It may even take a friend telling us where our flaws lie, and our comparing them to our own perceptions. One thing to consider is that the criticism we often find easy to express about others could be said about us, as well. If the heart knows that we’ll always be susceptible to making mistakes, we’ll always need to polish our skills, and we’ll always seek whatever is the right thing to do, it’s a good start, for sure. Knowing we’re tasked with being qualified to do what we do, and essentially proving it with every word, can admittedly be a daunting challenge at times—but it’s what our clients and the profession require of us.

     There’s a writer I’ve followed for several years now who talks about issues of character–often posing very difficult questions about what true honesty is, and is not, and where we can stand to improve our attitudes about the value of truth. While he’s always quick to acknowledge how difficult it can be to consistently speak the truth, that doesn’t negate my professional responsibility to do my darndest to avoid being perceived like that installer who dared to offer me goods obtained in a not-so-honest manner. Maybe everyone has a personal line to draw, but for sure there’s a line, and if we apply our ethics, that line can be quite clear, indeed.

Further reading:

NAJIT Code of Ethics: Canon 7. Accurate Representation of Credentials: Court interpreters and translators shall accurately represent their certifications, accreditations, training and pertinent experience. http://www.najit.org/about/NAJITCodeofEthicsFINAL.pdf

Professional Standards and Ethics for California Court Interpreters “Representation of Qualifications: An interpreter must accurately and completely represent his or her certifications, training, and relevant experience. ―California Rules of Court, rule 2.890(a)  […] Never misrepresent your qualifications and credentials in order to obtain work. Your reputation and the reputation of the entire profession are at stake.” http://www.courts.ca.gov/documents/Ethics_Manual_4th_Ed_Master.pdf

American Translators Association Code of Ethics and Professional Practice “We the members of the American Translators Association accept as our ethical and professional duty […] 3. to represent our qualifications, capabilities, and responsibilities honestly and to work always within them […]” http://www.atanet.org/membership/code_of_ethics.php



Janis Palma



by on Friday, June 12, 2015




On Protocols and Professional Standards

“Respect yourself and others will respect you.”
― Confucius

The Merriam-Webster Dictionary defines protocol as “a system of rules that explain the correct conduct and procedures to be followed in formal situations.” There were no such rules, standard procedures, or protocols for interpreters in courts of law within the United States prior to the Court Interpreters Act and the federal certification program. During those early stages we were very fortunate to have had interpreters like Sofia Zahler directing the Court Interpreter Services program in the Los Angeles U.S. District Court, with colleagues such as Frank Almeida (USDC Los Angeles), Alexander Raïnof (UCLA), Linda Haughton (USDC El Paso), and Alicia Betsy Edwards (UC Berkeley), to name just a few, whose vast knowledge about interpreting, languages and the law gave us a solid foundation on which to build our professional standards. Their handbooks, glossaries, and other educational materials were received with great enthusiasm by the small community of judiciary interpreters at a time when all of us were so very eager to learn. But perhaps the most important thing back then for those of us getting started in this field was learning to do things right: learning the proper techniques, the correct terminology, the ethical principles that should guide our conduct, as all of us shaped a profession in which we could take pride, and that would command the same level of respect as all the others involved in the highly structured domain of civil and criminal litigation.

The input of many experienced and knowledgeable academicians and practitioners—too many to name them all—over the course of the last three and a half decades provided our profession with the building blocks to arrive at the high levels of competency and skills displayed by professional interpreters in the legal field nowadays. Our current standards and protocols were not arbitrarily designed; they were fashioned with the actual role of the judiciary interpreter in mind.

As our role was defined in more and more detail, so were the performance standards and protocols we should or should not follow. Taking an oath to render everything faithfully in the two languages interpreted, for example, was one of those protocols incorporated at very early stage. Also during those first years a group of interpreters from different U.S. District Courts tried to put together a set of guidelines to be promulgated by the Administrative Office of the U.S. Courts, with the expectation of having a uniform set of criteria that would be applicable to judiciary interpreters all over the United States as to the manner in which they would render their services. It took more than 20 years for this project to bear fruit as the Federal Court Interpreter Orientation Manual and Glossary. (See page 6 for the list of Members of Manual Writing Committee appointed in 1988.)

Soon thereafter, in 1991, the Carolina Academic Press published a book that propelled the entire profession to a completely new level of credibility and respect in academic circles: Fundamentals of Court Interpretation, by Roseann Dueñas-González,   Victoria F. Vázquez, and Holly Mikkelson. The book addressed theoretical and pragmatic aspects of the profession and became a standard reference that further contributed to the establishment of uniform protocols clearly linked to the function of the judiciary interpreter.

There are currently many states that recognize the important role interpreters play within their respective systems of justice, and that have developed standards oftentimes modeled after the NAJIT Professional Code of Ethics, promulgating the best practices for judiciary interpreters. This achievement is the direct result of all the hard work and dedication of those who came before us, making sure all along we had a solid foundation on which to build this profession.

Every single rule and protocol that has been developed to standardize an interpreter’s performance in a judiciary setting is grounded on the constitutional rights of non-English speakers facing criminal prosecution in the U.S. system of justice, be it in a state or a federal court. Every single requirement, as well as every single prohibition, exists to protect the rights of those who cannot speak the language of the courts, so as to afford them equal protection and due process.

Our current standards and protocols, these rules we must all follow, are necessary to maintain a uniform delivery of this highly specialized service. Furthermore, this consistency makes it easier for end-users to know exactly what to expect, and have some objective indicators of a judiciary interpreter’s professionalism. Upholding these standards should be a matter of pride for all members of this profession.

Only to the extent that we respect ourselves as professionals, that we uphold and defend the highest standards for our profession, will we earn the respect of those around us and our rightful place in the community of professionals where we render our services day after day.



Jennifer De La Cruz



by on Friday, April 3, 2015




Challenges from Outside the Profession: Friend or Foe?

**Flashback First Friday**

This was originally posted on the NAJIT Blog back in 2012. Leave a comment about being challenged!

A good, healthy session of constructive criticism by a senior colleague about our performance or skills as interpreters is something I venture to say we would all embrace at some level, right? Whether meant as gentle guidance or a harsh reality check, at the end of the day we’ve grown just a little if we heed these words of advice. But what if we’re being challenged by someone who hasn’t been where we’ve been? How do we position ourselves to best respond?

What is it that places interpreters in a position where outsiders would think to challenge us? Well, I know a lot about my car, and when I take it to a mechanic for something I have an inkling about, I’d probably speak up if I had an idea. Same thing goes when I take my child to the doctor because, after all, I usually have information to complement his medical opinion.

How we handle ourselves in any given interpreting situation happens in the open, and seemingly, a lot of the people around us have some level of understanding about what we do. So, yes, there is often a critical eye observing us, and feeling empowered to give opinions. The courts in California have attempted to address part of the issue of challenges by bilingual jurors who believe they hear an interpreter error on the witness stand. To a certain degree, the jury instruction[1] typically given does acknowledge the interpreter’s skills and abilities by saying that the jury must rely on the interpreter’s version. Although it goes on to allow for the challenge, the deference to the professional is understood.

We know that we are subject to both challenges and criticism, but so are other professions. A couple of factors that make it more difficult for us when we are targeted may be how our training is perceived, in general, and specifically, how we present ourselves.

We’ve heard that outside the US, linguist careers are already requiring university degrees, whereas so many training programs here are more similar to trade school certificates. Although I think there are valid arguments on both sides of the issue of “to be or not to be” university trained in the profession (often, great linguists come from other industries before joining our ranks), we have to acknowledge that kids here aren’t born into a culture that holds interpreting among the most highly regarded professions. I hope this will someday change, but in the meantime, although the knowledge we can gain over the span of a career can rival that of doctors and lawyers and scientists (we speak their words— so much of it sticks!!), when we do our jobs correctly, we simply work in their shadows.

How much of this perception can we personally chip away at in our daily dealings? If it’s all about perception, then it’s no longer a matter of only great performances and consistently upholding ethics; what we have to do is “represent” our profession in all we do. A courteous reaction to somebody who has no business challenging how I do things would be to educate, to calmly explain myself—even when my blood is boiling. But even before we are in a position to explain ourselves, if we are perceived by others as someone who has their act together, rather than some “second-class professional,” our reaction is better supported and more credible. This is probably quite individual, but we can all agree that the more we take our responsibility to the profession to heart, the fewer words we’ll need for explaining ourselves, and the more likely we’ll see those around us defer to our expertise.

On a side note, challenges from clients can be handled in a variety of ways, up to and including our decision to terminate the business relationship. When the challenge comes from an employer, however, this can be a stickier situation. Hopefully, we’ll have the backing of national organizations such as NAJIT and ATA (American Translators Association), state organizations and professional unions if, for example, an employer considers that professional ethics and the mechanics of how we complete our task must take a backseat to internal policy. In any case, holding steadfast to what we know is correct is sometimes easier said than done.

So, is the challenge from outside the profession friend or foe? Likely, it is all in how we react. A calm, reasoned answer will hopefully turn even an outrageous perception on how we do things into mutual understanding. At the end of the day, the challenges that we are facing should definitely not go on in silence. Personally, I find it very valuable when colleagues from afar share what they are going through, because all of us become more aware and prepared if similar things happen to us. Unless and until the interpretation and translation hold a place in the hierarchy that is widely recognized and understood as the highly specialized professions they are, we should embrace all challenges as “friend”, and know we will only become stronger as a result.


[1] CALIFORNIA JURY INSTRUCTIONS: CRIMINAL. 121. Duty to Abide by Translation Provided in Court. Some testimony may be given in <insert name or description of language other than English>. An interpreter will provide a translation for you at the time that the testimony is given. You must rely on the translation provided by the interpreter, even if you understand the language spoken by the witness. Do not retranslate any testimony for other jurors. If you believe the court interpreter translated testimony incorrectly, let me know immediately by writing a note and giving it to the  (clerk/bailiff).”   (emphasis added)(http://www.courts.ca.gov/partners/documents/calcrim_juryins.pdf)



Janis Palma



by on Friday, February 27, 2015




Exam-taking time

It’s that time again, when certification candidates start looking for practice buddies, dig up practice materials from workshops taken long-ago, or sign up for new courses, all in the hopes of passing the oral portion of a certification exam. The truth is that what you need to pass that oral exam should have become second nature to you by now, because good habits in your every-day work are what will get you through any exam successfully.

Habit #1: Verify, verify, verify…

Interpreters cannot rely on their own instincts, other people’s opinions, or other unorthodox sources of information to make decisions about the meaning of the words they choose to include or exclude from their active vocabulary. That’s what dictionaries are for. Always go to authoritative sources (that means “NOT GOOGLE”!) Authoritative sources are dictionaries published in hard copy, authored by reputable scholars, which may or may not be available in digital format. Verify your sources first, then verify that the word you are using actually means what you think it means. And then verify again if the word has more than one meaning, to make sure you know which ones apply in which contexts. For example, the word “scheme” can mean “a systematic plan for a course of action”, “a secret plot”, or “a chart, diagram or outline” among other things. When choosing the equivalent in your target language, you may need three different words, one for each of these different contexts. Verify that you are choosing the right one. 

Habit #2: Keep your target language standardized

If you normally use regionalisms, borrowed words (e.g., Anglicisms), slang, and other dialectical variations of what would be considered the standard in your target language because you think your listener will understand you better: stop! Your role is to render the source language message exactly as it was conveyed by the speaker. If the speaker used slang, then of course you will use an equivalent slang term in your target language. Otherwise, stay within the register of the source language speaker. Changing registers during an exam is one sure way to fail it.

Habit #3: Choose one solution and stick to it

Offering synonyms in the hopes that one of them will be “the right one” is not a sign of a good interpreter. What an examiner hears is someone who is not competent enough to ascertain the exact meaning of a word in the source language, or perhaps to find the most accurate equivalent in the target language. If you are in the habit of offering more than one “choice”, break it! Pick one, and only one equivalent, then stick with it all throughout. If in doubt, see Habit #1.

Habit #4:  Own it

Interpreters cannot be shy. You need to project your voice, but you also need to project confidence in yourself. When you walk into a courtroom or a conference room for a deposition, own it! Be courteous but professionally detached. Have your pad, pen, dictionaries or electronic devices in a briefcase (no backpacks, please!), and lay them out in front of you as soon as you take your seat. This says to everyone there, “I know what I’m doing and I’m ready to do it.” While you will not be able to bring any outside materials into a testing room, you will nonetheless project this self-confidence if you cultivate a professional demeanor in your day-to-day practice. And please wear business attire. First impressions matter, especially where you may be a borderline certification candidate and what will get you across that threshold is the subjective scoring by the examiners. Your appearance and demeanor should reflect how you see yourself in the context of judiciary interpreting. Get in the habit of dressing the part. You are a highly-skilled and very well-remunerated professional. Own it!

Habit #5: Never stop learning

Incredible as it may seem, there are interpreters who think they have nothing new to learn. They usually stand out, because they are the ones who make the most mistakes. In our world, where our main tool-of-the-trade is language and as such, by its very nature, is constantly evolving and changing, arrogance is the kiss-of-death. To be a truly competent interpreter you must always be open to new information, and even to constructive criticism that will help you along this continuum of self-improvement. And that is all a certification exam is looking for: truly competent interpreters.

So if you are one of those who will be taking the oral portion of a certification exam this year, work on being excellent every day in everything you do. Because “we are what we repeatedly do. Excellence, then, is not an act, but a habit.” (Aristotle)



Janis Palma



by on Friday, October 17, 2014




The Fixer

          In my home I am “the fixer”. This is not a role that I chose knowingly and intentionally; it just came with the territory. I own a home, so if anything breaks I am the one in charge of fixing it or finding someone who does. It is usually the latter, since my skills as a plumber, electrician, and mason are woefully lacking. Otherwise, if one of our dogs or cats gets sick, it is my job to run to the vet and fix it. If we run out of bread or eggs, it is my job to go to the grocery store and fix it. If a light bulb burns out, I change it and… well, you get the idea.

          At work, I am also “the fixer”. In that territory, however, I feel a lot more confident about the likelihood of my being able to fix whatever needs fixing. I am the one in charge of finding interpreters for the judges, among other things. If you compare our district to other district courts, it may not seem so big: seven district judges, four magistrate judges, and two senior judges who keep a full calendar; plus two separate buildings about 30 minutes away one from the other in city traffic. It should be easy enough to look at the calendars for the coming week and know how many interpreters will be needed each day, since 98% of our criminal matters require a Spanish interpreter. If it’s on the calendar, there will be an interpreter assigned to cover it.

          That is, of course, barring any last-minute changes.

Juggling calendar changes

          Court assignments in our district are finalized near the end of the day, just because changes will inevitably take place up until the very last minute. We have 7 staff interpreters, and whatever staff interpreters cannot cover gets covered by contract interpreters. Unfortunately, I often have to wait until the end of the day to make those calls: “are you available tomorrow?” I have tried contracting in advance, like for a whole week, and it just doesn’t work. Events tend to disappear, leaving me with too many interpreters I simply cannot justify. Notwithstanding all my diligence, once I have assigned staff and contractors to every judge with a criminal matter on his or her calendar I can still be caught off guard. Sometimes a judge may decide to “move” something for the afternoon when there was an interpreter assigned only for the morning. Other times a proceeding that was supposed to last one hour, tops, ends up taking the whole day. As “the fixer”, I need to scramble to find those extra interpreters. I usually end up begging someone to come in and —thank goodness— the contract interpreters in my district take pity on me and oblige.

Juggling interpreters

          Court setting can be like Jell-O: wiggly and slippery. On any given day a jury selection that was supposed to take two days may end up taking half a day because the defendant decided to plead guilty. Or I may have one interpreter running from one court to another with little time to spare because I did not have enough interpreters to cover every judge, when suddenly everything gets cancelled. Then again, a contract interpreter may call 15 minutes before court to let me know her car won’t start, or a staff interpreter can get sick in the middle of the night and I’m texting away at one in the morning to find a replacement. These things happen. I try to take deep breaths and not get upset. My job is to fix it.

          I have called interpreters I know are on their way home because they just got cancelled by someone else, begging them to run back to cover something in court. I have also called them five minutes after contracting them to say, “never mind! I just got two trials cancelled.” I sometimes have to move staff interpreters around like chess pieces to accommodate calendar changes, but perhaps most important to everyone is that I also move people around to accommodate the interpreters’ needs and sudden emergencies.

          All this, of course, is just for Spanish interpreters. We only have a couple of qualified interpreters in our District for languages other than Spanish. And yet, Border Patrol can call on their way in to let us know they are bringing in a group of Chinese nationals that need an interpreter (but they don’t know if it’s Mandarin, Cantonese or some other dialect.) The FBI can come in with a bunch of rowdy passengers they have just arrested on an airplane who speak only Russian. When these same-day requests come up, I have found that staff interpreters in other Districts are an amazing asset when it comes to finding last-minute resources in every imaginable language.

Help for the fixer

          I do not expect the dynamics of court settings and calendar changes to take my own needs and concerns into account. If I cannot provide an interpreter for every judge who needs one, then I am not doing my job. What I think makes me a better “fixer” at the office than at home is that I have a great team at the office and very good lines of communication with non-staff interpreters. Staff interpreters are always ready, willing and able to help put out fires. Everyone is a bright shining star, but not a diva (big difference!)

          Freelancers let me know when they are available and when they are not, when they are travelling out of the jurisdiction and when they will be back, when they have something that got cancelled and their availability has opened up. On the other side of the coin, they also know that if I contract them, they will work. This is a fine line I walk, which means I cannot make long-term commitments. But whatever commitment I make, I keep. It is a two-way street, in which we have built mutual trust and collaboration. I know they will get me out of a bind, and they know I will not leave them hanging in the wind.

          The same goes for the staff interpreters. They’ve got my back and I’ve got theirs. But since no one is perfect, if I mess up… they know I will own it and fix that, too!

          The bottom line is that I would not be able to “fix” anything without the staff and contract interpreters. And my “ace up my sleeve” is the fantastic group of colleagues in other districts. It is a totally symbiotic relationship. And it’s a great feeling when it all works out and everything gets fixed!



Bethany Korp-Edwards



by on Friday, October 3, 2014




Why You (Yes, *You*) Should Present at the 2015 NAJIT Conference

“It’s what you learn after you know it all that counts.” Harry S Truman (attributed)

I have no earthly idea whether Mr. Truman actually said that, but it’s a good sentiment, isn’t it? Stop right now and think of three things you wish you knew. Me, I wish I knew how to play an instrument, how my car runs, and what my toddler means when he grins at me and exclaims, “Deeesssssssh!” (Seriously, folks, he’s been doing it for a month. Anyone?)  Done! Three things in ten seconds.

Unfortunately, when I talk to people about interpreter conferences—both ones they’ve attended and ones they decide not to—I frequently hear the same complaints. “There’s nothing for me there.” “I don’t need to know any of that.” “I’ve heard that all before.” And in fact, they may be right: maybe if you’ve been going to interpreter conferences for decades, there’s nothing being presented at most of them that you haven’t already heard.

This year, NAJIT wants to change that. Our wonderful Conference Committee is putting together a special program for the 2015 conference in Atlanta. During each session, one presentation will be earmarked as relevant for interpreters who work primarily in education, and at least one will be earmarked as an “advanced” session.  “But Bethany,” you say, “Who is going to teach these advanced sessions?” Read the rest of this entry »



Maria Cristina de la Vega



by on Friday, April 11, 2014




Interpreting Depositions: A Fact Sheet

 

María Cristina de la Vega is sponsoring this article by Veronica Perez Guarnieri, an AIIC colleague, because of its relevance to the legal interpreting profession.

VERÓNICA PÉREZ GUARNIERI was born in Argentina. She graduated with a Master of Arts in Translation and Interpretation from Universidad del Salvador in 1989.  She is also a certified translator and has a postgraduate degree in English Translation from City University in London, a Master’s Degree in Specialized Translation from Universidad de Córdoba, Spain, and is currently pursuing her doctoral studies. Since 1990, she has worked as a free-lance interpreter and translator Verónica is a member of AIIC and ADICA.  She is involved in the development of standards on interpreting at home and abroad, as Convener of the ISO group of experts working on the subject.

 

Here are a few things to keep in mind if you are ever contacted to interpret at a   deposition:

1.   Prepare very thoroughly: learn not only the facts of the case and points of law, but also the names of the law firms, the companies and/or individuals, exhibit numbers, and amounts involved. Figure out in advance which symbol you’ll use for each name.

Lawyers tend to speak very fast during depositions, perhaps to buy time or to obfuscate, and those names and numbers need to be ready to roll off your tongue.

        2.    Rehearse the situation using YouTube and other online sources.

There is plenty of material about preparing for depositions. Although it is mostly meant for lawyers, it will help you too. There are even lots of videos of actual depositions.

        3.    Hone your consecutive skills. Remember to rely on your memory above all.

This is the toughest, most demanding consecutive interpreting assignment I can think of. You’ll be tempted to regress to early training days, when notes were more of a crutch than a signpost – don’t.

        4.   Be as literal as possible: reformulate only if there is no alternative.

This is in aid of your memory: try too hard to understand in great depth and you’ll lose track.

         5.   Only interpret. Never try to answer a question made to you by the witness or talk aside with them during the hearing itself or breaks.

If this happens, immediately translate what the witness is saying, e.g., “The witness is asking me whether I know a good place to buy leather around here” or “The witness is telling me his wife is also a translator.” It is very important for both parties to trust you and be sure that you would never take sides, no matter which party actually retained your services.

         6.   Ask speakers to repeat names as many times as necessary.

Never hesitate to do this; better to appear “dense” once than to call Obama “Osama” and remain forever on tape to be heard over and over again.

         7.   Expect scapegoating. Don’t take it too personally if someone claims you have mistranslated something.

Once, a witness with excellent English claimed he would be more comfortable testifying in his own language, but then proceeded to correct my every word – with less-than-perfect results. He also kept asking me to repeat, so I was forced to explain to the lawyers that the witness wanted me to repeat my translation, then restate what I had said to the best of my memory, and finally accept the criticism and the correction. It was hard to keep a poker face, but I soon realized it was merely a tactic to wear out the other side: I was just collateral damage.

          8.  Be prepared for abrupt changes in register; don’t get caught off-guard. Highly educated language may be followed by colorful street slang.

Harvard-graduate lawyer: “Sir, I need to ascertain the genuineness of the exhibit I am about to present to you. For the record, this is Exhibit A453. Can you unequivocally attest to the fact that this letter was written by your Uncle Tom?”
Deponent:  “Listen, man, you’ll have to give me a full ear here. I’m no hobnocker[1]. I told ya’ already, I ain’t gonna pretend I recognize the letter if I wasn’t with Uncle when he wrote it.


[1]          A hobnocker is someone who does something illegal and gross.

 

This article first appeared in Communicate!/The AIIC Webzine (Issue 54, Summer 2010)



Jennifer De La Cruz



by on Thursday, October 31, 2013




If Not You, Then Who?

Experience alone cannot be the deciding factor when one weighs the decision of volunteering. I think it is important that we encourage everyone who is passionate about our professions and who wants to see them advance, to become more involved. It was one of the themes for me as I spoke with individuals at the conference in May. Not to belabor a point for those of you who heard firsthand, but I think that the people who are passionate and really have a vision for what our professions should be, too often think that they lack sufficient experience or “clout” to be able to take a leadership role. It is worth noting that before any of us stepped into positions of leadership for the first time, we were newcomers. I think that there are different types of leaders with varying traits that are natural to some, acquired for others, but I believe that everyone has the ability to lead, since the best leadership comes from example. At the very least, we each have it within our control to be a good example. As for more overt leadership roles, there has to be a first time, not a “best” time, for there to be a next time. If you would like to see our professions go in a certain direction, if you are passionate about it, there is a role for you. If not you, then who? –Rob Cruz, Message from the Chair (NAJIT.org)

This poignant reflection in Rob Cruz’s most recent message as our top leader at NAJIT struck a chord with me, and I couldn’t agree more.

Over the years, I’ve had the opportunity to volunteer for a variety of roles in our profession. Sometimes, the tasks have been new to me; other times, the duties I take on are a natural progression of something I’m already doing. As Rob says, there have been many first times, and they were usually not the best times. There have been countless people along the way who have had the patience to show me the ropes and to guide me down the right path when I was lost or about to make a mistake. The journey has led me to understand more about who we are, what we do, where we’ve come from, and where we’re going. Even so, sometimes I feel like a beginner. But I stay involved, nonetheless.

My a-ha moment

Today, I had the opportunity to visit with a dear friend who I worked with as a medical interpreter many years ago. Our conversation naturally led to me describing what I do in court on a daily basis, and all that goes with it. Because of the affection I have for my friend, I felt like I wanted to help her see things just as I see them, and my description started getting very extensive. It came to a point where I realized I know so much more than I can possibly describe over lunch. Could it be that I’ve grown and changed more than I sometimes realize?

Then I saw a tweet from NAJIT to check out Rob’s message. There’s my answer! The difficulty I had at lunchtime in describing all I know was because of a long journey that included my nine-to-five routine PLUS getting involved outside the courtroom.

Unworthy?

So, why do I feel like such a newbie sometimes, even after over 16 years in the biz? Could it be that the more I know, the more I realize I don’t know? If that’s true, then Rob is right: there’s never a perfect time to step up to the plate, but our turn does eventually come if we’re truly participating on the team. What is all too common is that if we’re too new, we don’t volunteer because we’re new; then, once we have the experience, we realize that there’s so much more to know, and so we continue to feel unworthy. How silly of us!

The time to give to our profession is always. We’re growing and changing. Technology is taking us to new places. We’re more connected than ever. The possibilities are endless, right?

Too few, really

I’ve been shocked at times to discover how few people make themselves available to participate in group efforts. Even when I was raising small children, I started getting involved by merely having a membership in a couple of interpreter organizations, which allowed me to understand so much more than simply putting in my time at work. The more we are involved, even from afar, the more we discover where to position ourselves to eventually feel pulled in to take on roles that we never asked for or expected – they just happen.

Perhaps this is a pretty natural phenomenon for all professions, but I think we carry an even bigger responsibility to stay involved. It is not uncommon for interpreters and translators to struggle to be understood by the world and to be treated as the professionals we are. So it follows that a huge group of brilliant and talented individuals who are not involved would continue feeling misunderstood. How much more powerful would we be if all of us lost the fear of becoming involved, of volunteering, of participating, and simply of being willing to put in our two cents?

Rob has it right, and I think we’ve got a lot of great leaders out there who need our help. Please, consider finding your niche and becoming involved in the organizations of our profession. Whether it’s sharing helpful information with your officemates, attending a conference, or starting a movement, the time is now, and if not you, then who?



Kathleen



by on Friday, October 11, 2013




The Importance of Training for the Community Interpreter

There is quite a bit of talk lately among those of us in the interpreting profession about the professionalization of community interpreting. In Great Britain and Canada, community interpreting, also referred to as “public service interpreting” is an umbrella term encompassing any kind of interpreting for the public sector, and includes judiciary and medical interpreting. In the United States, we separate legal and medical interpreting, and use the term “community interpreting” to refer to any other kind of interpreting among LEP or deaf individuals and representatives of the institutions associated with health, housing, education, family, welfare and general social services. Currently, the field of community interpreting is developing rapidly, and there are various movements underway to train and certify community interpreters.

Such training is becoming indispensable. The professionalization of community interpreting is an idea whose time has come.

Training for Community Interpreters

I must say, I am all for it! I live in an area that is mainly served by a small handful of certified interpreters and a larger group consisting of either untrained self-employed or ad hoc interpreters, or equally untrained bilingual social services personnel. I have found that the lack of the most basic knowledge of proper interpreting techniques is profound, and I take advantage of each and every opportunity for teaching interpreters and clients how it’s done. All the skills we use in court or in medical interpreting—use of first person consecutive interpreting, simultaneous interpreting for the LEP who is not being being addressed directly—must also be mastered for use in community interpreting. Just because the assignment does not take place in a courtroom or doctor’s office doesn’t give one permission to use “he says/she says,” or allow an LEP person to just wait in silence while an English conversation of importance to the LEP is going on.

Taking advantage of those really good teaching moments

An excellent opportunity to do some education on correct community interpreting presented itself to me two months ago.  Although, I work mostly in the courtroom, I always welcome the chance to work in other venues. So when XYZ agency called, desperate for an interpreter for a mental health counseling session scheduled for the next day, I accepted. I was told that all of their “regular” local interpreters were busy with other assignments. Grudgingly, they accepted my terms, which they informed me were much higher than they were used to paying. I would be interpreting for the Spanish-speaking mother of a teen-age girl who had tried to commit suicide.

I arrived 15 minutes before the time of the appointment, and was somewhat taken aback to find that the mother and daughter had already arrived and that the counselor was talking to them, using the daughter as interpreter for the mother. It was not a good sign.

As I usually do, I asked Mrs. Jones, the counselor, if she had worked with interpreters before. “Of course; XYZ always sends us excellent interpreters,” she replied airily.

I knew we were in trouble when the first words out of Mrs. Jones’ mouth were: “Ask Mom how Janet’s doing at home.” As nicely as I possibly could, I asked her to address the mother directly. “Just pretend I’m not here.” Surprised, the counselor complied. We reached another snag when I interpreted the mother’s answers in the first person. Mrs. Jones, very confused, asked me: “Is it you who are answering, or is it her?” Again, I explained that I would be interpreting the mother’s words exactly as she said them. “Just look at her,” I told her, “and pretend that it’s her answering you.” Before long, things started to go very nicely indeed, and both the counselor and the mother began to get into a back-and-forth rhythm most conducive to good communication.

Then it was the daughter’s turn. Mrs. Jones began to address the girl in English. I, of course, commenced a running simultaneous interpretation of their conversation, but after a few minutes, the counselor turned to me and said: “I’m not used to this. Why are you interpreting to Mom? I’m not talking to her right now.” I explained to her that “Mom” needed to be fully present for this interview of her daughter and that what I was doing was making that possible. Looking very dubious, the counselor went on and after a while seemed to forget I was even there.

At some point, there was a slight pause in the conversation, and Mrs. Jones said something like: “Well, then,” which I duly interpreted. She was utterly amazed. “Do you even interpret my filler words?” “Everything,” I told her. “Look,” I said, “this is how it’s done. I have been a professional trained interpreter for 15 years, and I can assure you that this is the correct way for an interpreter to facilitate communication.” Of course, I also let the mother know what these exchanges between myself and the counselor were all about.

The remainder of the session went great. Since the mother could hear and understand everything, she was able to fully participate in the session, providing information that could be vital for her daughter’s treatment, and listening to her daughter tell the counselor things she had been uncomfortable to tell her mother directly. There were tears and hugs.

What Was Learned

At the end of the session, Mrs. Jones said: “You have to understand. I have actually had interpreters fall asleep during these sessions; they don’t interpret anything to the parent. I have never had an interpreter do what you’re doing. I really appreciate this, and I understand now how important it is.” I told her as simply as I could that she should insist that any interpreter use first person in consecutive interpreting and that the parent or guardian must not be forgotten in the process.

I felt great about having been able to educate at least two persons—the counselor and the mother—about how proper interpreting must be used for genuine communication. I am hoping that the next time Mrs. Jones requests an interpreter from the XYZ agency, she will insist that the interpreter have some training, and that when the interpreter arrives, Mrs. Jones will request that correct interpreting procedures be followed. I also hope that Janet’s mother will understand that she has the right to know what is being said in all interviews with her daughter at which she is present.

I would love to be able to reach out to the XYZ agency and to others like it, but as they say, “Good luck with that.” They’re looking for the fastest and the cheapest; quality or even correct interpreting technique is really of no concern. If their clients don’t know the difference, who cares? This attitude must change, but I think it will be a long process.

Educating the Untrained Community Interpreter

We may not be able to reform the agencies that employ untrained interpreters for community work just yet, but there is something that I think I can do to reach out to the interpreters in my area who work for these agencies or for themselves. I am thinking very seriously about providing a free basic educational orientation for interpreters who don’t really have a grasp on the skills they need to truly serve in this capacity.

This would be only a first step toward improving the situation. I don’t know exactly how to get the word out, but I am considering various ways and means. I don’t even know how many would come, since a lot of longtime interpreters in my area don’t think they need any instruction, but even if just a few show up, I will have made some impact.

If anyone reading this post has any ideas or experience as to how to reach out in this way, please contact me!

References

Bowen, Margareta. (2003)  Community Interpreting. In Mary Snell-Hornby, Hans Hönig, Paul Kußmaul,  Peter A. Schmitt (Eds.) Handbuch Translation. Tübingen:
Stauffenburg-Verlag. Retrieved from http://aiic.net/page/234

Mikkelson, Holly. (1999)  Interpreting Is Interpreting — Or Is It. Originally presented at the Graduate School of Transaltion and Interpretation, 30th Anniversary Conference,  Monterey Institute of International Studies, January 1999. Retrieved from http://www.acebo.com/papers/INTERP1.HTM
Be sure and check out the extensive bibliography.

Mikkelson, Holly. (1996)  The Professionalization of Community Interpreting. Global Vision: Proceedings of the 37th Annual Conference of the American Translators
Association. Monterey Institute of International Studies. Retrieved from http://www.acebo.com/papers/profslzn.htm
Again, the references are invaluable.

Mikkelson, Holly. (1996)  Community Interpreting: An Emerging Profession. Interpreting: International Journal of Research and Practice in Interpreting (1.1),
125-129. Preview at http://books.google.com/books?id=VwZDjqa9s4wC&pg=PA9&lpg=PA9&dq=the+professionalization+of+community+interpreting&source=bl&ots=bo2G82s93y&sig=DFo_awdbF5Cce0erlTbG1zXJSOU&hl=en&sa=X&ei=_zMmUabUFsmx0AHQ_IHgDw&ved=0CEQQ6AEwAw#v=onepage&q&f=false

Pöchhacker, Franz. (1999) Getting Organized’: The Evolution of Community Interpreting. Interpreting Vol. 4(1), pp. 125–140. Retrieved from  http://www.scribd.com/doc/97416324/Pochhacker-Getting-Organized-in-Community-Interpreting

Valero Garcés, Carmen and Martin, Anne (Eds.). (2008) Crossing Borders in Community Interpreting: Definitions and Dilemmas. Philadelphia, PA: John Benjamins Publishing Co. Preview at http://books.google.com/books/about/Crossing_Borders_in_Community_Interpreti.html?id=VwZDjqa9s4wC

 

 

 



Kathleen



by on Friday, August 30, 2013




Boredom in the Court

Unavoidable Delays

It’s a funny thing. From everything written and spoken about court interpretation, one would think that we are constantly working away—interpreting for trials, hearings, attorney/client interviews and the like, all day long, with a nice break for lunch. I think we all agree that this would be the ideal environment for interpreters, but we work on the court’s schedule—not the other way around.

What people may not realize is that our work does not always involve interpreting at trial. There are many relatively brief court proceedings that can last as little as five minutes. Most of the judges I work with make it a point to give priority to these brief appearances involving interpreters. They are aware of the costs involved, and do their very best to “let the interpreter go” as soon as possible. The problem is that it is not always possible. So many things can happen in the course of a court calendar that can result in delays—failed plea negotiations, attorneys busy elsewhere, preceding matters that take longer than anticipated, etc.  I even have a judge who  insists on going through the calendar in alphabetical order. Woe is me if my LEP’s last name is Zúñiga!

The awful thing is that those moments of boredom waiting to interpret for a plea, case review or probation hearing can be far more draining than an afternoon of good, hard, intensive consecutive interpreting. I wonder why this is. You would think that doing nothing would be far more restful than subjecting oneself to those exciting, focused, adrenaline-inducing moments typical of actual interpreting, but it is not so. So how do we cope with boredom in the court?

What Not To Do in Court

As usual, I am reminded of a story. About a year ago, I was sitting in a courtroom with a colleague waiting for a trial to begin. It was a case of a misdemeanor assault committed by one woman against another during a barroom brawl. The victim was unwilling to allow the prosecutor to offer a plea bargain to a reduced charge, and the defense attorney was unable to convince the defendant to plead to anything at all.

And so back and forth it went. Finally, it was decided that the case would go to trial, and we two interpreters were all ready to go into team interpreting mode. But first, the court had other business to conduct, other matters to resolve, and the trial would have to wait until the calendar was clear. There was no way for us to know when the case would go before the judge. We could leave the courtroom, and wait for a bailiff to call us back in, but there were no chairs or benches in the hallway. We had no choice but to stay in the courtroom and sit…and sit…and sit. After a while, and many exasperated sighs, my colleague, an interpreter rather new to the field, could stand it no longer, and whipped out her cell phone to check messages. Then she took out a tablet and started to read an article.

I was aghast. Yes, I was bored too, but it never would occur to me to use an electronic device (except for the purpose of legitimate research connected with a case in progress), with the judge on the bench! And for crying out loud, we were in the first row of the gallery in plain view of the judge, the bailiffs and everybody! I gave her what I hoped was a quelling glance, but she just shrugged her shoulders and went on reading.

How to Combat Boredom

Now, I admit, I myself have a very low tolerance for boredom, but I have never as much as opened a book in a courtroom while waiting for a case to come before a judge on the bench. I have always taken my cue from the attorneys—I have never seen one use a cell phone in the presence of the judge. Never. So neither do I. If I need to use my cell, I leave the courtroom briefly and then come back in. I have found other ways to cope with those times when there is absolutely nothing to do but wait.

You might notice that some attorneys who are waiting to go before the judge don’t just sit there. They might do a little paperwork; they might open a legal tome to consult some point of law; they might even speak very quietly to another attorney. Most just follow what is going on in the courtroom. Their attitude seems to be: “Heck, I might learn something!”—although then again, they might just be trying to impress the judge with their rapt attention to the pearls of wisdom falling from his lips.

What’s wrong with just paying attention? It beats the heck out of being bored out of your gourd. Okay, sometimes I do sit and make grocery or to-do lists, or discreetly remove the contents of my ever-messy briefcase and do a little organization. Sometimes I study the pictures of long-gone judges that festoon the walls of some of the older courtrooms. Once in a while, I even do some work on my blog post! But there are times when the wait is a little longer than usual, and these endeavors can occupy just so much of the time spent waiting. I’ve got to do something. If I just sit and let my mind drift, I find that I start falling asleep! It has happened, although I usually manage to catch myself before I actually fall off the bench. Embarrassing.

So I usually try to observe what goes on in court. I try to make the best of the situation and perhaps learn something to become a better interpreter. I jot down phrases I have never before encountered. I listen to the idiosyncrasies of this particular judge’s plea colloquy or that one’s bond review and figure out how to untangle sometimes clumsy syntax to form a comprehensible equivalent. After all, I may be interpreting those very words in a short while. (I hope!) If I am not too tired, I practice simultaneous interpreting silently in my head.

And then there is always the fascinating study of human nature, of which there is always plenty on display in any given courtroom situation. People sometimes say to me, “You must have seen just about everything by now.” Very true. Such observation both occupies the mind and teaches us about our fellow human beings.

So don’t get bored! Get busy! Use your time to advantage. You will serve the court better by using it as an educational resource. In addition, you will feel that you have actually accomplished something rather than suffered  through might have been a tiresome (and tiring) morning.

References

Susan Berk-Seligson. (2002) The Bilingual Courtroom: Court Interpreters in the  Judicial Process. Language and Legal Discourse Series. Chicago, Illinois: University
of Chicago Press

Courtroom Etiquette. www.nynb.uscourts.gov/sites/default/files/courtroometiquette.pdf

Clarke, Catherine Thérèse. (1991). Missed Manners in Courtroom Decorum.  Maryland Law Review. Volume 50-945,  Number 4. Pages 945-1026.  digitalcommons.law.umaryland.edu