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

2. 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

3. Issue I
Anticipating the need

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

5. 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

6. 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
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 (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

7. 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

8. 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

9. 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

10. Issue II
Preparing your case

11. 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

12. 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

13. 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

14. 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.

15. 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

16. Issue IV How do I choose the right interpreter?

17. Tip: Use a Certified Interpreter

18. 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

19. Tip: Understand how court interpreting works

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

21. Sight Translation

22. 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.

23. Consecutive Interpretation

24. 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.

25. Simultaneous Interpretation

26. 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.

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

28. 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

29. 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

30. 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

31. 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

32. 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

33. Contact information
Web site:
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