Providing Access to Justice

Coordinating Court Interpreter Services

April 2010

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 9-205

Idaho Court Administrative Rule 52
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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

What is an interpreter?
A bridge of communication

between parties.
Facilitates communication

between the non-English and the English speakers;

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.

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

Who could we use as an interpreter?

Friends or Family as Interpreters

Lack of understanding of judicial process, or important concepts

Trying to help-- suppressing or adding to the information Lack of language proficiency Conflict of interest Too emotionally involved

Bilingual Employees
What is their level of ability?
May not possess the KSAs required of a

professional interpreter

Language Skills Other Interpreting Skills (modes of interpreting) Knowledge of the Code of Ethics

Use should be limited

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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?

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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.
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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
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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

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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
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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

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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
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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?
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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

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Best Practices
Team interpreting in lengthy trials Appointing multiple interpreters Cluster cases requiring an interpreter Recess for interpreters after 30 minutes Telephonic interpreting
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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. 20

Q&A

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Contact Information:
Sandra Barrios ISC Interpreter Coordinator Trial Court Administration Fourth Judicial District 200 W. Front St Room 4171 Boise Idaho 83702 (208)287-7686 sbarrios@adaweb.net Janica Bisharat Program Manager Administrative Office of the Court PO BOX 83720 Boise Idaho, 83720-0101 (208) 947-7417 jbisharat@idcourts.net

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