14 Oct The Reminder on Consideration for Team Interpreting

Have you ever been on assignments that booked you for a hearing but turned out to be a full-length trial? One that involves extensive evidence submission and multiple witnesses. These situations are inevitable as sometimes thing changes at the last minute. But what can we do about this? What can we do to raise awareness on the issue so everyone can benefit from having the interpreter in the room?

Even as a seasoned interpreter, solo interpreting over sixty (60) minutes greatly affects the interpreter’s mental capacity. Verbal exchanges between attorneys are not simple conversations between colleagues. They are carefully crafted arguments, probing questions, and legal citations. All of which require the interpreter’s intense concentration to accurately convey the actual meaning from one language to another.

A report by the Scientific Expert Panel on Air Traffic Controller Safety, Work Hours, and Health outlined that ATCs are not to work alone for over two hours. This is mainly due to the nature of their job which involves the safety of the passengers.

Similarly, a legal procedure is no different. It can affect a person’s life and livelihood. Can and will the judicial system afford that? As administrator of justice, can you afford to have an exhausted interpreter misinterpreting in court? This is something that can be prevented and should be carefully considered if we are doing our best to serve justice to all parties involved.

Citing NAJIT’s position paper, TEAM INTERPRETING IN COURT-RELATED PROCEEDINGS,

“The length of time an interpreter can effectively focus on processing complex information delivered at high speeds and render it accurately and immediately into another language is finite. An interpreter suffering from mental fatigue is more likely to make mistakes that could negatively affect the integrity of the interpretation which, in turn, could be extremely detrimental to defendants, litigants, witnesses, victims, and the judicial process in general. Having reached the point of cognitive fatigue, the interpreter’s ability to self-monitor and self-correct is compromised, thus jeopardizing a faithful and complete interpretation”

NAJIT’s opinion on the issue of interpreters’ mental fatigue is one of many cases circling the web. Yet, at times, it is still an uphill battle for court interpreters to ask for fair work conditions that will foster good results for all parties involved, not set them up for failure.

The interpreter’s commitment to the court and the LEP is to provide a “faithful interpretation” from one language to another, to assist the judicial system to fairly administer justice and to provide the LEP with the constitutional rights (6th and 14th amendments) they are entitled to. Language access is essential to their ability to understand the legal proceedings. Having an incompetent interpreter or one at risk of delivering inaccurate interpretations will not only delay the process for all parties involved but can be seen as an obstruction of a fair trial, due process and language access.

When the situation calls for two interpreters and the court does not schedule for team interpreting, it is the interpreter’s responsibility to point out to the court the importance of a second interpreter. Limitations such as administrative issues, cost, or knowledge of the person assigning interpreters, etc. can be the reason. It is always helpful to check if you have a partner for team interpreting when scheduled to interpret in trials and long hearings. If cases arise when you need to work alone, requesting a break after 20-30 minutes is crucial to protect you and the quality of your interpretation. Don’t feel bad for wanting to do something right as the opposite can cause more unintended harm. A flight delay due to fixing a mechanical error is always better than the pilot taking the chance to fly an aircraft that will put everyone at risk. You cannot make everyone happy but safer is always better.

Ann (Jiraporn) Heath-Huynh grew up in a bilingual Thai-English household, using both languages in day-to-day life. Having lived on four continents, she now calls the U.S. home. Following the birth of her daughter in 2010, the chance to work in the language field afforded her an opportunity to change career directions; what began as a part-time job became a career that she is passionate about. After being added to the Maryland Judiciary’s roster of interpreters in 2015, many opportunities opened up to her, eventually leading to Department of State Conference Interpretation for Thai and English. Although she works mostly as a conference interpreter, she has always considered Maryland courts to be her home. Whenever an assignment is offered, she is always pleased to accept it and proudly wear her first-ever interpreter’s badge as a Maryland Judiciary Court Interpreter. Contact: ann.h.huynh@gmail.com

Main Graphic Photo by Priscilla Du Preez on Unsplash, Body Photo by NordWood Themes on Unsplash