STATEMENT BY
THE NATIONAL ASSOCIATION OF
JUDICIARY INTERPRETERS AND TRANSLATORS
IN RESPONSE TO VETO OF AB 2303
ON COURT INTERPRETERS IN CIVIL MATTERS
The National Association of Judiciary Interpreters and Translators (NAJIT) is disappointed to learn of Governor Arnold Schwarzenegger’s veto of AB 2302, which recognized the need for high standards in court interpretation. NAJIT thanks Assembly member Dave Jones, Justice Ronald M. George, the Judicial Council, the Mexican American Legal Defense and Educational Fund (MALDEF), and other advocates and constituents for their support of AB 2302, which would have expanded access to fairness and justice for limited English proficient individuals in the California judicial system. We also applaud legislators for their bipartisan efforts to support this bill.
Judiciary interpretation and translation is a highly skilled profession requiring specialized training and experience. Even bilingual individuals who have mastered two languages or speak them at a high degree of fluency are not qualified to provide interpreting and translation services in legal or quasi-legal situations unless they have passed qualifying examinations testing their full command of technical language, nuance, register and vocabulary. There are also strict ethical requirements for any judicial interpreter or translator.
NAJIT supports legislation and policies requiring the use of certified, professionally qualified and trained interpreters. We believe, as did the diverse supporters of the bill, that true access to justice requires more than using untrained bilinguals, friends or family members to interpret in courtrooms. For example, use of untrained and uncertified individuals to serve as interpreters has led to cases being re-tried and people having been jailed needlessly with all the related costs.
Cost savings to state government can be achieved through the use of qualified interpreters. We are aware of cases that have been reversed, dismissed, or resulted in reduced charges due to the use of untrained and unqualified interpreters. These cases and related ineffective services have cost the state unnecessarily. Additionally, injustices are all too likely to occur when untrained bystanders, friends or family members attempt to provide language services in legal and quasi-legal settings. NAJIT’s position is that the haphazard use of untrained and uncertified individuals costs the judicial system a much higher price than the implementation of reliable standards and certification.
The lack of interpreter services also negatively impacts the efficient administration of justice. Inadequate resources to assist litigants with limited English proficiency affects the court’s ability to function efficiently and effectively, causing costly delays in proceedings for all court users, inappropriate defaults, and faulty interpretation that can ultimately subvert justice. Language assistance in civil cases would improve the operation of the judicial system by reducing the amount of courtroom time for hearings, ensuring that non-English-speaking litigants appear more consistently at subsequent hearings, and by reducing the number of delays and backlog in some areas, while at the same time preserving liberty and justice for all Californians.
The deficiency in interpreters and translators for our country’s national and natural emergencies has also become ever more apparent since 9/11. Yet too many officials at the national and local levels miss the critical link between legislated interpreter and translator credentialing and our country’s compromised ability to respond. Equal protection, equal access to justice and due process of law are matters of fundamental fairness. Only through legislation and appropriation can we improve access to services throughout all levels of local and state government. Therefore, we urge that ways be found to fund access to court interpreters in the next fiscal year.
Seattle, Washington, October 2006
National Association of
Judiciary Interpreters and Translators
1707 L street, NW, Ste 507
Washington, DC 20036
202-293-0342
202-293-0495 (fax)
www.najit.org
Email: headquarters@najit.org