1. Representing Clients who are Deaf or Limited English Proficient
2017 Statewide Legal Advocate Training
Kristi Cruz – Northwest Justice Project
Robert Lichtenberg – Administrative Office of the Courts
Katrin Johnson – Washington State Office of Public Defense

2. Overview Why does language access matter?
What are the tools needed for language access?
How to ensure quality language access for your clients.

3. Why.... Why is language access important to us and our clients?
What does language access really look like? What does it encompass?

4. What are the Tools Needed for Language Access?
Legal Authority – State and Federal
Credentialed Interpreters
Professional Standards for Ethical Conduct

5. Legal Authority – Limited English Proficient (LEP)
State
RCW 2.43
WAC
Court Rules
Case Law
Federal
Civil Rights Act, Title VI
Federal LEP Guidance (

6. Legal Authority – Deaf and Hard of Hearing
State
RCW 2.42
RCW WA Law Against Discrimination
General Rule 33
Federal
ADA
The Aftermath – Nancy Rourke

7. Funding-Based Requirements:
Legal Services Corporations
Program Letter 04-2 (2004): Create language access plan and provide appropriate interpreter services
OCLA and LFW funded programs:
Assurances of non-discrimination part of grant process

8. Access to Quality Interpreters

9. Interpreting Skills Simultaneous Can you recall any details?
Did you feel the urge to catch up?
How long could you continue?
Can you catch your mistakes?

10. Interpreting Skills Consecutive Details? Were your notes helpful?
How long could you continue?
Can you catch your mistakes?

11. Interpreter Credentials:  Certified,  Registered and  Qualified What’s the Difference?

12. AOC Court Interpreter Program
Certified Registered
English written exam
Oral interpretation exam in 3 modes.
Oath
Ongoing training
Subject to discipline proceedings
English written exam
Oral language test
Oath
Ongoing training
Subject to discipline proceedings

13. Certified Registered Arabic Bosnian/Croatian/Serbian Cantonese French
Khmer (Cambodian)
Korean
Laotian
Mandarin
Russian
Spanish
Tagalog (Filipino)
Vietnamese
Albanian, Amharic, Burmese, Czech, Dutch, Farsi, German, Hebrew, Hindi, Hungarian, Indonesian, Italian, Japanese, Kurdish-Kurmanji, Polish, Portuguese, Punjabi, Romanian, Samoan, Somali, Swahili, Thai, Tigrinya, Turkish, Ukrainian, and Urdu

14. Sign Language Interpreter Qualifications
Registry of Interpreters for the Deaf
SC:L (Specialist Certificate: Legal)
WAC
WAC
Intermediaries:
Certified/Qualified Deaf Interpreter (CDI / QDI)
Freedom of Communication V.2
Nancy Rourke

15. “Qualified”
“Knowledge, skill, experience, training, or education...” Evidence Rule 604 and 702

16. GR 11.2: Code of Conduct 6 General Canons: Uphold professionalism
Interpret accurately and completely
Ask for clarification when necessary
Identify conflicts of interest
Maintain confidentiality
Refrain from unauthorized practice of law

17. Outside the Courtroom General Rule 11.2 Does not Apply -BUT:
Policy could include code of conduct/ confidentiality agreement. See NJP policy
RID applies to all settings a certified interpreter is working in.

18. How to Ensure Quality Language Access
Language Access Plans
Communicating with Your Clients
Advocating for Your Clients

19. Language Access Plans
RCW requires each court to adopt a Language Access Plan
Within our own programs:
e.g.: NJP Program Policy #34 and #39

20. Language Access Plans Elements of a plan:
Notice of right to free interpreter services
Identification of individuals needing services and the language needed
Mechanism (contracts) for providing interpreter services – telephonic and in- person
Training of staff
Complaint process
Monitoring and review

21. Communicating with Clients:
Seek credentialed interpreters
Conduct a pre-conference with interpreter – understand his/her experience level, give him/her background information
Verify that the interpreter and your client have compatible language/dialects
Team interpreting

22. Communicating with Clients:
Simplify legalese and acronyms
Slow down, speak one at a time, pause
Slow down when reading forms aloud
Speak to your client, not to the interpreter
Proper positioning

25. Positioning – Sign Language

26. Telephonic Interpreting

27. Understand the Limitations
No visual cues
Sound quality
The interpreter and his/her experience
Consecutive only
GR 11.3

28. Understand GR 11.3 Brief, non-evidentiary
RCW 2.43 and GR 11.2 still apply re: interpreter qualifications
Private conversations between defendants and counsel
Consecutive only
Written documents must be read aloud
Audio recording of interpreted statements is required

29. Telecommunication Relay Services
Federally funded access to telecommunication system for deaf, hard of hearing, deaf-blind, speech-disabled individuals to access telephone system.
Traditional relay – TTY with typing
CapTel – caption supported call
Video Relay Service
Not a breach of confidentiality or attorney-client privilege
Don’t hang up!

30. CapTel
TTY Relay
Video Relay

31. VRI or VRS? Video Remote Interpreting Video Relay Service
On-call video interpreter service for ad-hoc / no notice appointments.
Requires contracting and equipment in place.
Fee for Service – pay by the minute.
Video Relay Service
Federally funded access to telecommunication system for deaf, hard of hearing, deaf- blind, speech-disabled individuals
Via ASL interpreter
Violation of Federal law to use it for in-person appointments
Free service funded by the FCC

32. Advocating for Your Clients

33. Scenario #1
You have an upcoming hearing scheduled for a Spanish-speaking client. You leave a voice mail message with a court clerk 10 days in advance, stating that your client will need a Spanish interpreter for the hearing. You and your client arrive at the hearing, no interpreter is present. The Judge states that it’s counsel’s obligation to bring an interpreter.
What do you do? What information do you include in an argument to the judge? What steps do you take to avoid this in the future? What resources are available to help?

34. Scenario #2
Your client speaks Prolongese, an uncommon language in WA. You need to meet for an intake. After much searching, your office finds an interpreter: she speaks English pretty well, is a native Prolongese speaker, has no professional interpreting experience, and has never been to court.
What steps do you take to help ensure accurate interpretation for your client? What do you do if, mid-way through the office visit, it becomes clear to you that the interpreter is not interpreting everything your client is saying?

35. Resources

36. Final Questions?