Working with Interpreters Ervin Dimeny, J.D. Joshua Elliott, M.A.

Agenda Q & A Provide helpful tips for: Working with interpreters and translators Effectively using available language access resources Review relevant issues related to language access in the courts Discuss pertinent laws and protocols pertaining to the use of judicial interpreters Q & A

Issue I Anticipating the need

Tip: Know Relevant Laws Constitutional issues Federal laws ADA Title VI of the Civil Rights Amendment of 1964 State laws KRS Supreme Court Rules

Title VI of the Civil Rights Act of 1964, The Basics No Discrimination based on race, color, or national origin in Federally subsidized programs or activities National origin discrimination = Language-based discrimination Recipients of federal funds must take reasonable steps to ensure meaningful access to programs and activities by individuals with limited English proficiency Title VI applies regardless of the amount of the federal funds received

Title II of the Americans with Disabilities Act Services offered by public entities must be accessible to qualified individuals with disabilities. Discrimination, on the basis of disability, is prohibited. 28 CFR 35.130 Individuals with disabilities must have access to all programs, services, and activities of the court system, including the circuit court clerk’s office. Denial of access could lead to a lawsuit or a complaint filed with the Department of Justice and/or the Kentucky Commission on Human Rights. Public entities shall make reasonable modifications in policies, practices, or procedures when the modifications are necessary to avoid discrimination on the basis of disability. 28 CFR 13.130(b)(7) Public entities are not required to take any action if they can demonstrate that it would result in a fundamental alteration in the nature of a service, program or activity, or in undue financial and administrative burdens. 28 CFR 35.164

Kentucky Laws KRS 30A.400 – 435 KRS 309: 301 Supreme Court of Kentucky: Administrative Procedures Procedures for Appointment of Interpreters Code of Professional Responsibility for Interpreters

Procedures for Appointment of Interpreters Section 4 Appointment of and requests for Interpreters Parties, deaf jurors, witnesses or certain non-parties Deaf and hard of hearing attorneys Section 5 Responsibility for payment for Interpreting Services Court Proceedings and direct services Section 6 Responsibility for obtaining and scheduling an interpreter

Code of Professional Responsibility for Interpreters Application and Preamble Canons: The interpreter as a highly skilled professional Canons: 1,2,7,8,10 The interpreter as an officer of the Court Canons: 3,4,5,9 The interpreter as a private citizen Canon: 6

Issue II Preparing your case

Tip: Know Your Obligations Rules of Professional Conduct Client Intake Ensure compliance with applicable legal requirements Make it user-friendly for the LEP and DHH Communication Attorney-Client Relationship Cultural issues and considerations Communicating via a remote interpreter When to hire an interpreter? Documents and Data Management

Tip: Understand Your Client Relevance of Linguistic Competency Bilingualism Native Language English Reading and Writing Competency The Relevance of Cultural Competency Cultural Norms and Preferences Education

Ability to speak two languages or dialects What is Bilingualism? Different degrees of bilingualism. Sometimes an individual’s degree of bilingualism changes based on the situation Individual characteristic; it is not collective in nature, and no group of people is completely “bilingual” just because Ability to speak two languages or dialects

Degrees of Bilingualism Most people fall somewhere between the two extremes; one language is dominant while the other is subordinate. It is normal for most bilinguals to handle each of the two languages well in certain contexts: Literature versus Sports Academic versus Non-academic One’s level of bilingualism may be stable or unstable, based on the frequency of use.

Tip: Understand your Need Do I need: An interpreter or a translator? An ASL interpreter, a CDI, or CART? Some type of assistive listening device? Remote interpreting or VRI? Who needs language assistance? Your client, a party, witness or a deaf juror? Consider all other language-related issues Audio/Video materials Translated documents

Issue IV How do I choose the right interpreter?

Tip: Use a Certified Interpreter

Interpreting skills Law-related content knowledge Professional conduct Pragmatic bilingual skills Qualification standards set by law Interpreting skills Certified Interpreter aka Language Expert Law-related content knowledge Qualification standards set by procedure Professional conduct 18

Tip: Understand how court interpreting works

What are the 3 General Modes of Court Interpreting? Sight Translation Consecutive Simultaneous

Sight Translation

Sight Translation Sight Translation – The oral translation of a written document, a hybrid of translation and interpretation. ST relies on the comprehension of the written text and the instantaneous, oral translation of that text into the TL. Ideally, a sight translation should sound as if the interpreter were simply reading a document written in the target language.

Consecutive Interpretation

Consecutive Interpretation In consecutive interpretation (CI), the interpreter waits until the speaker has finished the SL message before rendering it into the TL. The SL message may last anywhere from a few seconds to several minutes, and the rate of speed and density of discourse vary with each speaker and subject matter. CI involves complex mental tasks of language perception, storage, retrieval, and generation. Many interpreters consider CI more difficult than simultaneous interpretation.

Simultaneous Interpretation

Simultaneous Interpretation Definition – Simultaneous interpretation (SI) refers to the technique whereby the interpreter speaks at the same time as the SL speaker. SI is widely recognized as a very difficult, complex mental task. Not actually “simultaneous.” The interpreter lags behind the speakers at least one unit of thought. This time lag is known as decalage. The concentration required for SI places a great deal of pressure on interpreters.

How will the interpreter affect my case? Issue V How will the interpreter affect my case?

Tip: Be Prepared for Court Know the local protocols Understand the staffing needs Inform the Court about special needs Be prepared for hearings and trials Understand the various roles that interpreters fill Prepare your interpreter Objections DHH clients and jurors Privileged communication

Tip: Inform Your Client about the Role of the Interpreter Ensure that your client understands the role of each interpreter Prepare your client and interpreter properly Be aware of cultural issues when working with LEP or DHH individuals Be aware of limitations when communicating with deaf and hard of hearing persons

The Various Roles of Judicial Interpreters Court Interpreter/Proceedings Interpreter SCR: Professional Code or Responsibility for Interpreters Extension of the Bench - Provides assistance to the Court in communicating with LEP and DHH individuals Table Interpreter/Private Linguistic Expert Kentucky Rules of Professional Conduct Access to attorney Confidential communication between attorney/client Monitoring role Interpreter working with deaf attorneys Status: not under oath Extension of counsel – the voice of the deaf attorney

Tip: Communicate Effectively Avoid using idioms, slang and legalese Talking too fast or too slow will impact the efficiency of the interpreting process Don’t use exaggeratedly complex or artificially long sentences Address the party in the first person The interpreter is like a magic telephone Monitor your voice projection Try to minimize multiple conversations

Resources AOC Interpreter Directory Remote Interpreting providers Video Remote Interpreting Telephone Remote Interpreting Translation Services providers American Translators Association National Association for Judicial Interpreters and Translators

Contact information Web site: http://courts.ky.gov/stateprograms/courtinterpreters/ Questions? You may reach us at: ervindimeny@kycourts.net joshuaelliott@kycourts.net