Court Interpreters 101 – Understanding the Role of Court Interpreters (vis-à-vis SRL’s)

San Francisco, CaliforniaJune 10, 2011

Copyright June, 2011 – Genevieve Navar, with Alejandra Sorika

Sponsored by the California Federation of Interpreters

MUTUAL UNDERSTANDINGS

“I don’t seek to know the answers,

I seek to understand the questions.”

- Confucius(551 BCE – 479 BCE)

Cell phones on silent or off Active participation is encouraged One speaker at a time Everyone’s input is valid and important Respect differences

Who are we?Who are we?

Quienes Quienes somos?somos?

Genevieve Navar Federal and California Court Certified Interpreter Presenter of Workshops on Ethics, Culture, and Language Issues in the Judicial System Masters in Education - S.F. State; Studies at USF Law Editor – 4th Edition Ethics Manual for Interpreters

Alejandra Siroka Federal and California Court Certified Interpreter Communication Consultant Faculty at San Francisco State University Legal Interpreting Certification Program Professional Division Director, California Federation of

Interpreters

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Identify and learn role of interpreter, translator and/or cultural broker

Develop techniques for managing the communication triad during the session (agency staff, client/party, and interpreter)

Develop skills in managing the flow of sessions while using an interpreter

Problem-solve possible challenges faced when using interpreting services

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OBJECTIVES:

ACCESS AND FAIRNESS

“Injustice

anywhere

is a threat

to justice

everywhere.”

Dr. Martin Luther King, Jr.(1929-1968)

Using an interpreter……

Takes too long

Interferes with rapport with the client

Is expensive

Is disruptive

Is unnecessary

Affects the quality of the service negatively

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COMMON VIEWS

Effective Communication

Ensures an effective provider-recipient relationship

Ineffective Communication

Can generate lack of trust, incomplete disclosure Leads to misunderstanding, inappropriate course of action Creates feelings of frustration, confusion, anger on all parties Conflicts may escalate Issues may not get resolved

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IMPORTANCE OF LANGUAGE

THE PURPOSE OF PROVIDING INTERPRETERS

To put everyone on fair footing

Fairness is what justice really is. - Justice Potter Stewart

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Verb

al &

Non

-

Verb

al

Verbal & Non-VerbalClientInterpreter

Agency Staff Member

Non-Verbal

A COMMUNICATION TRIAD

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Culture BrokerCulture Broker

ClarifierClarifier

ConduitConduit

Conduit

Clarifier-

within scope

Cultural Broker –

within scope

THE ROLE OF AN INTERPRETER:

BEING IN COURT – A Complex Matter Judiciary

The State Agency

“Impartially”

“With Determination” “Vigorously”

THE ROLE OF AN INTERPRETER An interpreter must have:

Discipline

Discrimination

Discretion

THE ROLE OF AN INTERPRETER Ethical Practices and Goals

"I will apply …measures for the benefit of the people I serve according to my ability and judgment; I will keep them from harm and injustice."

1. Accuracy2. Impartiality3. Confidentiality4. Scope of Practice5. Professional

Detachment6. Continuing Education7. Duty to Profession

INTERPRETERS’ CODE OF ETHICSThe Judicial Council of the State of California

Complete No embellishments Same register Same meaning Voice tone / emotion Gestures

ACCURACY AND COMPLETENESS

1. Work in triads.

2. Each person will have a role: provider, client, interpreter. Decide who is who.

3. Provider and client will receive a script.

4. Interpreter will interpret in English simultaneously. Interpreter cannot look at script.

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Role-Play Exercise - #1:

What are the challenges of these requirements in an SRL Setting?

No gestures Slang, jargon and obscentities Comments and questions Same register No embellishments Cultural “misses”

ACCURACY AND COMPLETENESS

1. Work in triads.

2. Each person will have a role: provider, client, interpreter. Decide who is who.

3. Provider and client will receive a script.

4. Interpreter will interpret in English consecutively. Interpreter cannot look at script.

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Role-Play Exercise - #2:

THE ROLE OF AN INTERPRETER

Consistent with the dignity of the court; Being as unobtrusive as possible; Without drawing undue or inappropriate

attention; Yet acting competently to perform

work dutifully.

How is this a challenge in and SRL setting?

CONFIDENTIALITY

Why is maintainingconfidentiality particularly challengingin interpreted SRL matters?

PUBLIC COMMENT vs. moral duty

http://www.democracynow.org/2008/7/14/court_interpreter_for_workers_rounded_up

Erik Camayd Freixas

“Interpreter Breaks Confidentiality Code to Speak Up.”

CONFLICT OF INTERESTAn age-old issue…

Malinalli Tenepal – “La Malinche”

CONFLICT OF INTEREST

Any condition

that interferes

with objectivity

In what ways can an interpreter workingwith an SRL encounter conflicts of interest?

IMPARTIALITY

Be impartial, unbiased and …

do nothing that may

give an appearance

of bias.

IMPARTIALITY

Intrusion in Case Apparent Favoritism Behavior and Demeanor Perceived Bias or Over-Dependence

Signs of Partiality

How does working with SRLs increase the likelihood of perceived bias?

SCOPE OF PRACTICE – Back then…

The Old Bailey

LEGAL ADVICE

SCOPE OF PRACTICE

“I will apply, for the benefit of that I serve, all measures that are required, avoiding those twin traps of overdoing and undercaring.”

A QUESTION OF BALANCE

SCOPE OF PRACTICE

INTERPRETERS MUST REFRAIN FROM GIVING PARTIES:

Legal advice Counseling or explanations Personal opinions Services construable as being

other than own duties

How does affect working with an SRL,and vice-versa?

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SCOPE OF PRACTICE

“Just translate.

I don’t want you to interpret!”- An Annoyed Judge

Exercise

In your experience…

Situations you have known ofwhich illustrate SRL issuesarising during interpreted matters.

On the back of each card, mark down how it was resolved and what you felt about it.

On separate index cards, write down:

Break…

PROFESSIONALISM - Practices

Introduce self to relevant parties Review pre-appearance instructions Establish procedures with counsel Know practice and preferences of judge Obtain case information

Pre-Emptive Preparation

PROFESSIONALISM - Practices

Intonation Eye Contact Gestures Body Language Distance Attitude Dress

Demeanor

PROFESSIONALISM - Practices

Identify whether litigants are represented or not Introduce yourself and state your role Be aware of the context of case Refer individuals to collaborative parties Advise the judge of questions / problems

Self-Represented Litigants

PROFESSIONALISM

“Being a neutral interpreter does not exclude having a sense of responsibility for the people one works with.”

Helge Niska, in “Just Interpreting”

Kinds of Impediments

Language / Communication Physical / Mechanical Functional / Resources Emotional / Stressors

IMPEDIMENTS to Effective Communication

IMPEDIMENTS…

Pressure!

IMPEDIMENTS…Dealing with Emotions

IMPEDIMENTS…

Vicarious trauma is the experience of having your "inner experience" deeply affected by exposure to another's trauma.

Identifying withthe victim…

VICARIOUS TRAUMA

MANAGING INTERPRETATION

“I will remember that I do not interpret mere words, but that I am the voice for human beings, whose troubles may affect whole communities. My responsibility includes awareness of those related problems, if I am to grasp adequately the measure of my task.

MANAGING A SUCCESSFUL

INTERPRETED SESSION Fear and Intimidation Self-Righteousness and Entitlement Distrust and Ignorance of Legal System Limited Socio/Economic/Educational

Status Other Specific Traits

Cultural and Personal Awareness:

Before the Session

Interpreter Introduces self Explains roles, instructions, expectations – within scope May ask questions – within scope

Provider Speaks through interpreter Explains nature, purpose, goal of session Checks in with interpreter

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MANAGING A SUCCESSFULINTERPRETED SESSION

During the Session

Interpreter Positions self optimally

Uses first person to interpret

Interprets everything said out loud

Clarifies as is appropriate

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MANAGING A SUCCESSFULINTERPRETED SESSION

Comes prepared Has awareness and

respect for interpreter and the process

Is open and flexible

Knowledgeable and aware Respects court, client and provider

Knows what the roles and the process are

Works together to get his/her needs met

Repects confidentiality

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Client Provider

Interpreter

MANAGING A SUCCESSFULINTERPRETED SESSION

SCENARIO – Cultural Chasms

How would you handle this situation if:…

What, if anything, would you say to the party?

What, if anything, would you say to the family?

If at all, how would you address this to the judge?

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DEALING WITH CHALLENGES

Questions and comments

Evaluation

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WRAPPING-UP

A DUTY TO ALL:

“I will remember that I remain a member of society, with special obligations to all my fellow human beings.”

Thank you – Be well.