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Measure
1.3.2: Evaluation of Interpreted Events by Experts
This
measure involves observation and evaluation of the work of court
interpreters by individuals who are skilled in foreign language and sign
language interpretation.17 The experts observe
interactions in which interpreters are involved, make an assessment of the
interpreter’s proficiency, and record interpretation problems or
violations of interpreter standards. This measure is only appropriate
when courts can predict with reasonable certainty that interpreters will be
used in specific locations during predictable timeframes.
Before
arranging for this measure, court personnel should first inform themselves
of the qualifications that "skilled individuals" used as observers
should possess. For example, if the proposed observers are very proficient
in both English and the other language but not familiar with the code of
professional responsibility for court interpreters, they should not
be used. "Certified" professional interpreters would make the best
observers. However, they are not available for many languages nor are they
available in many parts of the country.18
Planning/Preparation.
Individuals skilled in foreign languages and sign
communication should be identified and recruited to evaluate the court’s
interpretation services. These individuals, serving as paid professionals or
as volunteers, will provide an independent viewpoint of the quality of the
court’s interpreter services.
It
is essential for this measure that the language experts understand the
requirements for interpreting in court settings. If the observers are not
themselves certified court interpreters, they need to be thoroughly
familiarized with the professional responsibilities of court interpreters.
In addition to any State or local rules governing appropriate professional
conduct, the observers should be provided with the following material from Court
Interpretation: Model Guides for Policy and Practice in the State Courts:19
Experts
may be located by contacting national and state interpreter associations;20
the State’s office of social services that is responsible for services to
deaf or hearing impaired individuals; universities; or community agencies
that serve foreign language or handicapped citizens.
Experts
should be informed that what they see or hear in open court should be
discussed only with court officials and that they should not attempt to
intervene in any way in the cases they observe.
The
next step is to select a sample of scheduled court proceedings to observe.
Ideally, this sample includes both nonevidentiary and evidentiary hearings.
High-volume calendars that likely will include interpreters are good choices
for observation scheduling. Examples include traffic court sessions,
misdemeanor arraignment and plea dockets, and child support calendars.
Felony arraignment and plea calendars should be included if possible.
Observations
of evidentiary hearings in which interpreters are used for witness testimony
are also important to include in the sample. Pending cases should be
examined to obtain a list of cases in which interpreters will be needed.
When arranging for these observations, identify several proceedings that
observers could go to in the same day. The key to scheduling is to ensure
that if some of the scheduled proceedings are continued or delayed, other
observation opportunities are available.
If
a court uses interpreters infrequently, this measure should not be
attempted.
Data
Collection. Using Form 1.3.2,
Evaluation of Interpreter Services, the evaluator records observations
regarding the quality of interpreter services. The observer first identifies
the session of court and the type of proceeding observed. The specific case
number, date, and time should be noted, but this may not be possible in
high-volume court sessions. If different interpreters are used during a
session of court, a separate form should be used for each interpreter. If
one interpreter is used for several different cases, a separate form should
be completed for each case.
For
each interpreted session recorded on the form, the observers should rate the
overall performance of the interpreter on three dimensions, as shown on the
form. These dimensions are:
-
Language
proficiency
-
Interpreting
skills
-
Professional
conduct
If
problems with the interpreter’s performance are noted during the
proceeding, these should be briefly recorded on the form.
Data
Analysis and Report Preparation. After
the data collection is complete, the observer should prepare a brief report
summarizing the observations. The report should include the following: (1)
the number of individual cases that were observed, (2) the number of
different interpreters that were observed, by language, and (3) a summary of
the evaluation results for all of the cases observed, by language (e.g., the
percentage of all cases observed where problems were noted). A summary
qualitative assessment should also be provided informing the court of any
problem areas that are severe in the observer’s opinion, with examples
included in the narrative.
________________________________
17 For
purposes of this measure, interpreter services include both interpretation
for physically impaired individuals (e.g., deaf and hearing impaired) and
for language-handicapped individuals (those who do not understand English
and cannot communicate well in the court system).
18 "Certification" is a status
conferred on interpreters for the deaf by the National Registry of
Interpreters for the Deaf or by an equivalent State organization. For
foreign language interpreters, only the Federal courts and some State court
systems certify interpreters after rigorous testing. Certification should
not be confused with "approval" processes granted by private
interpreter firms, which may indicate only that a person has received some
basic orientation to court interpreting.
19 W. Hewitt, Court Interpretation: Model
Guides for Policy and Practice in the State Courts (Williamsburg, VA:
National Center for State Courts, 1995).
20 For example, the National Association of
judiciary Interpreters and Translators, 531 Main Street, Suite 1603, New
York, NY 10004 (212-759-4457), and the Registry of Interpreters for the
Deaf, 8719 Colesville Road, Suite 310, Silver Spring, MD 20910
(301-608-0050).
Go
to Form 1.3.2
Go to Standard 1.3
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