April 2010

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1 April 2010 Providing Access to Justice Coordinating Court Interpreter Services
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Providing Access to Justice. April 2010. Coordinating Court Interpreter Services. 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 - PowerPoint PPT Presentation

Transcript of April 2010

  • April 2010Providing Access to JusticeCoordinating Court Interpreter Services

  • 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

  • I.C.A.R. 52Section (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 InterpreterThe 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 interpreterLanguage SkillsOther Interpreting Skills (modes of interpreting)Knowledge of the Code of Ethics

    Use should be limited

  • 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?

  • Level of Expertise RequiredBeing 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.

  • A professional interpreter.

    will be on timewill interpret in the first personwill interrupt the speaker if there is a problem with communicationwill inform the Court of any conflictwill carry a note pad and dictionarywill not explain a term or an expressionwill not engage in any conversation with the non-English speakerwill not provide any kind of opinion or advice

  • 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

  • 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

  • Coordination of Services

    Scheduling an interpreter involves more than just calling someone on a list:

    Follow ICAR 52(d)Provide case informationTerms of service

  • Compensation for ServicesBe SpecificWhat is the county policy?Who is authorized to negotiate terms?Consider:Hourly vs. half/ full day rateCancellation and/or rescheduling policiesMethod to calculate interpreter timeMileage reimbursementTravel expenses (meals, per diem)Travel Time reimbursement

  • 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?

  • Services Provided Outside of Court Proceedings

    Interpreter services vs. bilingual servicesBilingual county employeesLanguage Line

    Interpreting and Translating are different professions and require different skill setsTranslation of court forms and other documents

  • Best Practices

    Team interpreting in lengthy trials

    Appointing multiple interpreters

    Cluster cases requiring an interpreter

    Recess for interpreters after 30 minutes

    Telephonic interpreting

  • 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.

  • Q&A

  • Contact Information: Janica BisharatProgram ManagerAdministrative Office of the Court PO BOX 83720Boise Idaho, 83720-0101(208) [email protected]

    Sandra Barrios ISCInterpreter Coordinator Trial Court Administration Fourth Judicial District 200 W. Front St Room 4171Boise Idaho 83702(208)[email protected]

    Q & A session/demonstration What kind of skills does it take to be an interpreter? What level of education and vocabulary do you think an interpreter should have?FamilyProsFree of charge trusting relationship w/victims or defendant easy access have someone to helpExample of Cons: In a hospital a nurse ordered an oral antibiotic to clear up a 7-years-olds ear infection. Mother spoke no Eng, a bystander called in to interpret told her to pour the drug into the girls ear. (Associated PressTranslation Errors beset Hospitals) Court proceeding in a local court, a family member was used to interpret for the family. The person used was not fluent enough to interpret everything that was being said. Mother became very upset, court ordered her in contempt. As a result mother was taken into custody and spent 1 day in jail. Friend interpreted for a defendant and he advised the def to plead guilty because it would be fastest way to finish the case, promising that it would not affect his immigration status. Defendant was ultimate deported. -----Too emotionally involved. (husband interpreting for wife in Dom Batt, will try to suppress imp info)Power differences created, victim may be reluctant to reveal details or may minimize the situation to avoid getting older family member in trouble (Child Abuse/ neglect cases)

    Translation Software for Forms: Top 13 Worst Slogan translation ever www.moronland.net http://moronland.net/moronia/moron/1064/

    - Length: ASL interpreter will not work for more than 45 minutes w/out a break- Less than English proficient = LEP - Sometimes is important to determine even the religion they profess. Arabic: Muslim vs. Christian Bosnian: Catholic vs Lutheran If you know what country they are from but not the language: CIA World Fact Book (EX. Brazil Portuguese, not Brazilian) If you know the language, but not the country of origin: Ethnologue Languages of the World (Arabic not the same is Iran, or Sudan)