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April 2010

Providing Access to Justice

Coordinating Court Interpreter Services

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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

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What is an interpreter?

A bridge of communication between parties.

Facilitates communication between the non-English and the English speakers;

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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.

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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

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Who could we use as an interpreter?

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Friends or Family as Interpreters

• Lack of understanding of judicial process, or important conceptsLack of understanding of judicial process, or important concepts

• Trying to “help”-- suppressing or adding to the informationTrying to “help”-- suppressing or adding to the information

• Lack of language proficiencyLack of language proficiency

• Conflict of interestConflict of interest

• Too emotionally involvedToo emotionally involved

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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

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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 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.

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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 ServicesBe 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.

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Q&A

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Contact Information:Contact Information:

Janica BisharatJanica BisharatProgram ManagerAdministrative Office of the Court PO BOX 83720Boise Idaho, 83720-0101(208) 947-7417jbisharat@idcourts.net

Sandra Barrios ISCSandra Barrios ISCInterpreter Coordinator Trial Court Administration Fourth Judicial District 200 W. Front St Room 4171Boise Idaho 83702(208)287-7686sbarrios@adaweb.net