Court Interpreter Issues for Clerks of Court May/June 2011

Introduction Supreme Court Rule 41 states: “Any persons who come before the courts are partially or completely excluded from full participation in the proceedings due to limited English proficiency (“LEP”). It is essential that the resulting communication barrier be removed, as far as possible, so that these persons are placed in the same position as similarly situated persons for whom there is no such barrier.” It is essential that the resulting communication barrier be removed, as far as possible, so that these persons are placed in the same position as similarly situated persons for whom there is no such barrier.”

Introduction cont. “As officers of the court, interpreters help assure that such persons may enjoy equal access to justice and that court proceedings and court support services function efficiently and effectively. Interpreters are highly skilled professionals who fulfill an essential role in the administration of justice.” “As officers of the court, interpreters help assure that such persons may enjoy equal access to justice and that court proceedings and court support services function efficiently and effectively. Interpreters are highly skilled professionals who fulfill an essential role in the administration of justice.”

The Role of an Interpret The Role of an Interpreter  To render a complete and accurate interpretation or translation without altering, omitting, or adding anything to what is stated or written, and without explanation.  “Interpret” in this context does not mean explain. It means providing an equivalent meaning in the target language as the one stated in the source language.

The Role of an Interpreter Cont.  It is not the job of the interpreter to explain anything independent of what is being said by participants in the courtroom proceedings.  It is not the interpreter’s job to give advice to or otherwise counsel the non- English speaker in court, and it would be unethical for the interpreter to provide services other than interpreting from one language to another.

What kind of skills does it take to become a court interpreter? Being bilingual is not sufficient. The level of expertise required for court interpreting is much greater than that required in everyday conversation. Being bilingual is not sufficient. The level of expertise required for court interpreting is much greater than that required in everyday conversation.

What kind of skills does it take to become a court interpreter? The interpreter must also possess excellent mental skills, including the ability to accurately convert the source language into the target language and vice versa, often with only an instant to choose the equivalent words and phrases The interpreter must also possess excellent mental skills, including the ability to accurately convert the source language into the target language and vice versa, often with only an instant to choose the equivalent words and phrases.

Interpreter Skills cont. If the court testimony to be interpreted is shocking or traumatic, the interpreter must be able to perform the interpreting function without reacting or becoming emotionally involved. If the court testimony to be interpreted is shocking or traumatic, the interpreter must be able to perform the interpreting function without reacting or becoming emotionally involved.

Interpreter Skills cont. Court interpretation is a specialized and highly demanding form of interpreting. It requires skills that few bilingual individuals possess, including language instructors. The knowledge and skills of a court interpreter differ substantially from or exceed those required in other interpretation settings, including social service, medical, diplomatic, and conference interpreting. Court interpretation is a specialized and highly demanding form of interpreting. It requires skills that few bilingual individuals possess, including language instructors. The knowledge and skills of a court interpreter differ substantially from or exceed those required in other interpretation settings, including social service, medical, diplomatic, and conference interpreting.

Interpreter Skills cont. Due to the highly specialized knowledge and skills required in this profession, the Tennessee Supreme Court has promulgated rules to adopt uniform qualifications for interpreters serving in Tennessee's courts. Due to the highly specialized knowledge and skills required in this profession, the Tennessee Supreme Court has promulgated rules to adopt uniform qualifications for interpreters serving in Tennessee's courts.

Appointing an Interpreter Appointing an interpreter is a matter of judicial discretion. The court shall, pursuant to SCR 42, appoint an interpreter according to the following preferences: Appointing an interpreter is a matter of judicial discretion. The court shall, pursuant to SCR 42, appoint an interpreter according to the following preferences: (1) Certified (2) Registered (3) Non-Credentialed

Certified vs. Registered Have passed the three-part oral exam including sight, consecutive, and simultaneous translation. Have passed the three-part oral exam including sight, consecutive, and simultaneous translation. Is qualified to teach or administer interpreter ethics and skill building workshops. Is qualified to teach or administer interpreter ethics and skill building workshops. Have passed the oral proficiency interview with score of Superior. Have passed the oral proficiency interview with score of Superior. Have taken, but not passed all three parts of the oral exam. Have taken, but not passed all three parts of the oral exam.

Registered vs. Non-credentialed Have passed the oral proficiency interview with score of Superior. Have passed the oral proficiency interview with score of Superior. Have taken, but not passed all three parts of the oral exam. Have taken, but not passed all three parts of the oral exam. Have not taken or passed the oral proficiency interview. Have not taken or passed the oral proficiency interview. Have not taken written exam. Have not taken written exam. Have not attended the ethics and skill building workshop. Have not attended the ethics and skill building workshop.

When to appoint a non- credentialed interpreter The court may appoint an interpreter of lesser preference (i.e., registered instead of certified or non- credentialed instead of registered) only upon a finding that diligent, good faith efforts to obtain the certified or registered interpreter, as the case may be, have been made and none has been found to be reasonably available. The court may appoint an interpreter of lesser preference (i.e., registered instead of certified or non- credentialed instead of registered) only upon a finding that diligent, good faith efforts to obtain the certified or registered interpreter, as the case may be, have been made and none has been found to be reasonably available.

When to appoint a non- credentialed interpreter A non-credentialed interpreter may be appointed only after the court has evaluated the totality of the circumstances including the gravity of the judicial proceeding and the potential penalty or consequence involved. A non-credentialed interpreter may be appointed only after the court has evaluated the totality of the circumstances including the gravity of the judicial proceeding and the potential penalty or consequence involved.

Before appointing a non-credentialed interpreter, the court shall make the following findings: (i) that the proposed interpreter appears to have adequate language skills, knowledge of interpreting techniques, familiarity with interpreting in a court setting; and (i) that the proposed interpreter appears to have adequate language skills, knowledge of interpreting techniques, familiarity with interpreting in a court setting; and (ii) that the proposed interpreter has read, understands, and will abide by the Rules of Ethics for Spoken Foreign Language Interpreters in Tennessee Courts. (ii) that the proposed interpreter has read, understands, and will abide by the Rules of Ethics for Spoken Foreign Language Interpreters in Tennessee Courts.

Before appointing a non-credentialed interpreter, the court shall make one last finding: (f) A summary of the efforts made to obtain a certified or registered interpreter and to determine the capabilities of the proposed non- credentialed interpreter shall be made in open court. (f) A summary of the efforts made to obtain a certified or registered interpreter and to determine the capabilities of the proposed non- credentialed interpreter shall be made in open court.

When to Appoint Multiple Interpreters For legal proceedings lasting more than two (2) hours, a team of two interpreters should be designated to ensure accuracy and completeness of the record by allowing interpreters to alternate work and rest in short shifts for proceedings lasting more than two (2) hours. For legal proceedings lasting more than two (2) hours, a team of two interpreters should be designated to ensure accuracy and completeness of the record by allowing interpreters to alternate work and rest in short shifts for proceedings lasting more than two (2) hours.

Finding an Interpreter Interpreter information can be found on the AOC webpage under “Programs”. Interpreter information can be found on the AOC webpage under “Programs”. You will be able to find an interpreter by language desired; by location (city or availability) or by level of certification (certified/registered). You can also use a combination of these options. You will be able to find an interpreter by language desired; by location (city or availability) or by level of certification (certified/registered). You can also use a combination of these options.

Using the Website to Find an Interpreter If you would like to locate a Certified Spanish interpreter, simply select ‘Spanish’ as the language and select ‘Certified’ as the credential. Press the ‘Apply’ button and a list of certified interpreters will be provided in city order. If you would like to locate a Certified Spanish interpreter, simply select ‘Spanish’ as the language and select ‘Certified’ as the credential. Press the ‘Apply’ button and a list of certified interpreters will be provided in city order.

Using the Website to Find an Interpreter If you would like to locate an Arabic Interpreter located in Middle TN, select ‘Arabic’ as the language and select ‘Middle TN’ for availability. Press the ‘Apply’ button and a list of Arabic interpreters in Middle TN will be provided. If you would like to locate an Arabic Interpreter located in Middle TN, select ‘Arabic’ as the language and select ‘Middle TN’ for availability. Press the ‘Apply’ button and a list of Arabic interpreters in Middle TN will be provided. If you would like a list of all interpreters in Memphis, enter ‘Memphis’ as the city and press the ‘Apply’ button. If you would like a list of all interpreters in Memphis, enter ‘Memphis’ as the city and press the ‘Apply’ button.

What if there is no listing of an Interpreter in the Language Needed ? If there are no interpreters listed for the needed language, please contact the Administrative Office of the Courts at for assistance. If there are no interpreters listed for the needed language, please contact the Administrative Office of the Courts at for assistance.

Any of the following actions shall be good cause for a judge to remove an interpreter from a case: (1) Incompetence; (2) Being unable to interpret adequately, including where the interpreter self-reports such inability; (3) Knowingly and willfully making false, misleading, or incomplete interpretation while serving in an official capacity;

Any of the following actions shall be good cause for a judge to remove an interpreter from a case: (4) Knowingly and willfully disclosing confidential or privileged information obtained while serving in an official capacity; (4) Knowingly and willfully disclosing confidential or privileged information obtained while serving in an official capacity; (5) Misrepresentation of credentials; (5) Misrepresentation of credentials; (6) Failure to reveal potential conflicts of interest; or (6) Failure to reveal potential conflicts of interest; or (7) Failing to follow other standards prescribed by law and the Rules (7) Failing to follow other standards prescribed by law and the Rules

Interpreter Photo ID Cards The Administrative Office of the Courts distributes photo identification cards to all state certified and registered interpreters. A court can determine an interpreter’s credentialing status by viewing this card, which differentiates between registered and certified interpreters, and by consulting the credentialed interpreter roster, which can be found on the AOC’s website ( ).

Responsibility for Obtaining an Interpreter Protocol should be established with the clerk’s office, judicial secretary, attorneys, etc. for both civil and criminal cases Clerk’s OfficeAttorneySecretary

Rules that Govern the Appointment, Credentialing, and Compensation of Interpreters Tenn. R. Crim. P. 28 Tenn. S. Ct. Rules 13, 41, and 42 Tenn. R. Civ. P. 54 Tenn. R. Evid. 604 Tenn. Code Ann. §

Clerk’s Info/Guidance Cards AOC has produced Informational Guidance Cards for clerks AOC has produced Informational Guidance Cards for clerks Provided at last year’s spring conferences to all the elected clerks. Provided at last year’s spring conferences to all the elected clerks. You can get a copy on the AOC website: interpreters You can get a copy on the AOC website: interpreters interpreters interpreters On the right hand side of the page is a link.

Unacceptable examples for using an interpreter Finding someone who works across the street at the Mexican restaurant because an interpreter is needed on a short notice Finding someone who works across the street at the Mexican restaurant because an interpreter is needed on a short notice Previously retired bailiff that has minimal foreign language skills, but understands a little Spanish Previously retired bailiff that has minimal foreign language skills, but understands a little Spanish Relatives or friends of the defendant Relatives or friends of the defendant Someone who volunteers at the courthouse and speaks Spanish Someone who volunteers at the courthouse and speaks Spanish When non-credentialed interpreters are used, there is a high possibility of misinterpretation that can directly affect the outcome of a case When non-credentialed interpreters are used, there is a high possibility of misinterpretation that can directly affect the outcome of a case.

Unacceptable examples for using an interpreter cont. Inmates Inmates Probation officers Probation officers Defendant’s attorney Defendant’s attorney

Simultaneous Interpreter Equipment Each judicial district has been issued simultaneous interpreter equipment. Each judicial district has been issued simultaneous interpreter equipment. ***If you cannot locate the equipment in your district, please check with all judges in the district, or contact Mary Rose Zingale at the AOC.*** ***If you cannot locate the equipment in your district, please check with all judges in the district, or contact Mary Rose Zingale at the AOC.***

Using Court Personnel and Law Enforcement as Interpreters SCR 41 Cannon 3: Situations, including but not limited to the following, shall be presumed to create an actual or apparent conflict of intere SCR 41 Cannon 3: Situations, including but not limited to the following, shall be presumed to create an actual or apparent conflict of interest: (1)The interpreter is a friend, associate, or relative of a party or counsel for a party involved in the proceedings; (2) The interpreter has served in an investigative capacity for any party involved in the case; (3) The interpreter has previously been retained by a law enforcement agency or any party to assist in the preparation of the case at issue;

Using Court Personnel and Law Enforcement as Interpreters cont. (4) The interpreter or the interpreter's spouse or child has a financial interest in the subject matter in controversy or is a party to the proceeding, or any other interest that would be affected by the outcome of the case; (5) The interpreter has been involved in the choice of counsel or law firm for that case; or (6) Any other situation in which the interpreter thinks his or her impartiality may be questioned or compromised.

Consecutive and Simultaneous Exercises

QUESTIONS OR COMMENTS? For assistance in finding an interpreter or answering questions on foreign language interpreters, please call: For assistance in finding an interpreter or answering questions on foreign language interpreters, please call: Mary Rose Zingale Mary Rose Zingale AOC Court Services Director AOC Court Services Director , Ext , Ext. 1350