Issues
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Must an interpreters program be
legislatively established, formally adopted as a court rule, or can a program
be administratively implemented?
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What duties and responsibilities
should be assigned to a statewide interpreters program?
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Does establishment of an
interpreters program have to be prohibitively expensive?
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What effect does a program have on the judiciary?
Implementation
Establishing
a Court Interpreters Program
States vary in the method of implementation.
States such as Utah have legislatively established programs with
details of the program governed by statute or by state rule.
(See: www.utcourts.gov/resources/interp/)
Other states, such
as Florida, have had proposed Rules of Judicial Administration pending for
some period of time that have not been formally adopted, but the program is
administered by the Office of the State Courts Administrator.
(See http://www.flcourts.org/gen_public/interpret/index.shtml)
Most of the 29 states that are members of the Consortium for State
Court Interpreter Certification are operating a statewide interpreters
program. Some operate
statutorily, others under a rule of court, and yet others under a purely
administrative process. More
links to state programs can be found at: http://www.ncsconline.org/D_Research/CourtInterp.html
Responsibilities
of an Interpreters Program
A statewide interpreters program is an effective tool in
strengthening interpreter services for states’ trial courts.
Preferred qualifications for a manager of interpreter services varies
according to the operational priorities the state has adopted.
Generally, however, court management program experience, a firm
understanding of the professional duties of the interpreter, and a dedication
to the program’s goals are necessary qualifications.
Language aptitude, whether in English only or in two languages, is a
highly desirable trait. Often,
the director of a state’s program is not an interpreter nor bilingual, but
federally- or state-certified interpreters are recruited by the director as
valuable resources for training, testing, and evaluating test candidates.
Recruitment of potential interpreter candidates is an important
component of the position, since qualified interpreters are a scarce resource
in most states. Knowing how to
identify and reach out to individuals and maintain the required communication
links to minority communities and to language departments in institutions of
higher education is vital to the continuing improvement of interpreter
services.
It is recommended that local courts designate one or more
individuals to organize and schedule interpreting services for judges within
the district. Identifying
qualified interpreters in as many languages as are available, maintaining
records, scheduling, and providing for the payment of interpreter services
might fall under the responsibilities of the program manager. It is important that the designated individual or individuals
have a firm understanding of the professional duties of the interpreter and
avoid scheduling interpreters who are simply bilingual, without the necessary
qualifications and education required for accurate interpreting in the court
setting. The local program
manager should be aware of the statewide objectives and have regular
communication with the statewide program director.
Cost
of an Interpreters Program
The careful hiring of a statewide director and/or local
program managers can easily save districts and the state money in a long-term
outlook. By coordinating with
qualified interpreters and organizing best practices for scheduling hearings
and other proceedings that require the services of an interpreter, a good
manager can maximize the time spent in court by the interpreter(s).
In states where the demand for interpreter services is low, it may be
possible to establish a single statewide office to oversee all interpreter
services. Program managers in
rural areas may investigate the options that are available for telephone
interpreting, seeking to insure that professional, trained interpreters are
available to trial courts by telephone. Inefficient
scheduling practices compromise the quality of interpreter services,
contribute to delay in the court’s schedule, and result in additional
expense and waste of scarce resources within the court system.
Impact
of an Interpreters Program
Often, judges are unaware that being bilingual is not
sufficient for functioning as a court interpreter. Consequently, judges are often unaware of the errors
committed by untrained interpreters. Adopting
statewide policies and procedures and articulating clear and concise
requirements for interpreters who interpret in the courtrooms, can help judges
ensure that the evidence heard by a non-English speaking court participant is
not distorted and misunderstood. Instead,
fair administration of justice and equal access to the courts is better
protected when judges have standards to rely upon.
The education of the judiciary and the bar is essential; when
presiding officers are sensitized and better understand the problems
surrounding interpreted proceedings, they are better armed to overcome the
problems and protect the rights of all individuals who enter the courtroom.
History of Use/Replication
In 1995, four states that had begun addressing the issues
surrounding interpreters in the courtroom came together under the direction of
the National Center for State Courts to found the Consortium for State Court
Interpreter Certification. The
underlying theory was that by banding together, states could share the
resources they had individually developed and together create better practices
and policies than any one state could develop alone. The Consortium devised a formal Agreement under which other
states could, for a fee, join the Consortium and benefit from existing
resources while contributing to subsequent development.
Currently, over half of the fifty states have joined the Consortium.
For more information about the Consortium, see:
http://www.ncsconline.org/D_Research/CourtInterp/CICourtConsort.html
Contacts
Wanda Romberger, Manager, Court Interpreting Services,
National Center for State Courts, 757-259-1576.
wromberger@ncsc.dni.us
William E. Hewitt, Principal Court Research Consultant,
National Center for State Courts,
757-259-1879. bhewitt@ncsc.dni.us
For a list of contact persons for state interpreters program,
see: http://www.ncsconline.org/D_Research/CIConsortContactspage.html
Further Reading
Hewitt, William E. Court
Interpretation: Model Guides for Policy and Practice in the State Courts. 1995.
Publication Number R-167, ISBN 0-89656-146-1
Available online at: http://www.ncsconline.org/wc/publications/Res_CtInte_ModelGuidePub.pdf.
Davis, Hon. Lynn W. & Hewitt, William E. “Lessons in
Administering Justice: What judges need to know about the requirements, role,
and professional responsibilities of the court interpreter.”
Harvard Latino Law Review, (Fall, 1994).
Berk-Seligson, Susan “The
Bilingual Courtroom: Court interpreters in the judicial process.”
University of Chicago Press (Chicago: 1990).
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