1 April 2010 Providing Access to Justice Coordinating Court Interpreter Services

2 Legal Requirements Govern Access to the Courts State and Federal Constitutional Due Process Rights Americans with Disabilities Act Rehabilitation Act Title VI of the Civil Rights Act of 1964 Idaho Code § Idaho Court Administrative Rule 52

3 I.C.A.R. 52  Section (b) – Definitions  Section (d) - Priority of Appointment (1) Master Level Certified or Certified Interpreter (2) Conditionally Approved Interpreter (3) Registered Interpreter  Section (e) – Interpreter Oath  Section (f) - Removal from A Case

4 What is an interpreter? A bridge of communication between parties. Facilitates communication between the non-English and the English speakers;

5 Role of the Court Interpreter The role of a court interpreter is to render a complete and accurate interpretation or translation, without altering, omitting, or adding anything to what is stated or written, and without explanation.

6 Professional Code of Ethics Interpreters are bound to keep confidentiality Interpreters cannot give advice The interpreter cannot summarize and never explains what it is stated or written

7 Who could we use as an interpreter?

8 Friends or Family as Interpreters Lack of understanding of judicial process, or important concepts Lack of understanding of judicial process, or important concepts Trying to “help”-- suppressing or adding to the information Trying to “help”-- suppressing or adding to the information Lack of language proficiency Lack of language proficiency Conflict of interest Conflict of interest Too emotionally involved Too emotionally involved

9 Bilingual Employees What is their level of ability? May not possess the KSA’s required of a professional interpreter Language Skills Other Interpreting Skills (modes of interpreting) Knowledge of the Code of Ethics Use should be limited

10 How Do We Know That A Person Has the KSAs? Performance Standard vs. Appearance Standard Does the person possess educated native-like fluency in two languages? Does the person possess the interpreting skills necessary?

11 Level of Expertise Required  Being bilingual is not enough.  Must possess educated, native-like mastery of both English and the second language.  Must display general knowledge (comparable to a minimum of two years of college).  Must be able to perform the three modes of interpreting.

12 A professional interpreter….  will be on time  will interpret in the first person  will interrupt the speaker if there is a problem with communication  will inform the Court of any conflict  will carry a note pad and dictionary  will not explain a term or an expression  will not engage in any conversation with the non-English speaker  will not provide any kind of opinion or advice

13 Coordination of Services - Best Practice Assign the responsibility of coordinating interpreter services to one main person Assign a back-up coordinator Ensure that both individuals receive training to properly coordinate services

14 Preliminary Investigation Regarding the Case: Length of proceeding? How many parties will need an interpreter? Will the court accept an interpreter by phone? Any chance the case may be continued? Regarding the non-English speaker: Ascertain the language and dialect of the non-English-speaker Country the persons is originally from

15 Coordination of Services Scheduling an interpreter involves more than just calling someone on a list:  Follow ICAR 52(d)  Provide case information  Terms of service

16 Compensation for Services Be Specific  What is the county policy?  Who is authorized to negotiate terms?  Consider: Hourly vs. half/ full day rate Cancellation and/or rescheduling policies Method to calculate interpreter time Mileage reimbursement Travel expenses (meals, per diem) Travel Time reimbursement

17 What if a certified interpreter cannot be located? ICAR 52(d)(i) and (ii) and (3) …  Consider scheduling matters telephonically.  Consider the type of case to determine if any efforts should be made to bring an interpreter in from another county or another state.  What about languages other than Spanish?

18 Services Provided Outside of Court Proceedings Interpreter services vs. bilingual services  Bilingual county employees  Language Line Interpreting and Translating are different professions and require different skill sets  Translation of court forms and other documents

19 Best Practices  Team interpreting in lengthy trials  Appointing multiple interpreters  Cluster cases requiring an interpreter  Recess for interpreters after 30 minutes  Telephonic interpreting

20 Tips for Communicating through an Interpreter  Speak clearly and at a moderate pace  Speak directly to the non-English speaker--not the interpreter  Allow time for the interpreter to interpret the question or the answer  Keep in mind that the translation is not literal or verbatim. Some phrases such as “raining cats and dogs” will need an explanation to aid the listener.

21 Q&A

22 Contact Information: Janica Bisharat Program Manager Administrative Office of the Court PO BOX Boise Idaho, (208) Sandra Barrios ISC Interpreter Coordinator Trial Court Administration Fourth Judicial District 200 W. Front St Room 4171 Boise Idaho (208)