Pennsylvania_Letter

October 9, 2006
Hon. Dennis M. O’Brien
100 Main Capitol Building
Harrisburg, PA 17120-2020
By Fax: (717) 772-5401

Re: SB 669 (Printer’s No. 808)

Dear Representative O’Brien:

On behalf of the National Association of Judiciary Interpreters and Translators, a professional association with over 1100 members, I write to respectfully request that you support SB 669, the court interpreting bill.

Every day, hundreds of state residents who have not yet mastered English appear in court or administrative proceedings which they cannot fully understand or effectively participate in as parties or as witnesses. In some cases, no interpreter is present while in others, unqualified interpreters are permitted to perform a task that is critical to the court’s ability to do justice. Pennsylvania is among a minority of states that has no formal system to certify the competence of court interpreters. The State Supreme Court Committee on Racial and Gender Bias studied the problem carefully and concluded that because of the lack of qualified interpreters, “the ability of the court system to determine facts and dispense justice is compromised.” In passing SB 669 unanimously in 2005, the state Senate recognized that this bill will strengthen the court system for all Pennsylvanians.

Court interpretation 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 thereby to provide interpreting services in a courtroom. In a courtroom, language and the law combine to demand excellence and full command of technical language, nuance, register and vocabulary. In addition, there are strict and challenging ethical requirements for any court interpreter.

The Civil Rights Division of the U.S. Department of Justice has published guidance regarding Title VI and Executive Order 13166 for LEP (Limited English Proficient) populations. This guidance makes it clear that a lack of professional, trained and qualified interpreters has “…severe drawbacks…. The impediments to effective communication and adequate service are formidable. The client’s untrained ‘interpreter’ is often unable to understand the concepts or official terminology he or she is being asked to interpret or translate.” If courts or agencies receive any federal funding, they are obligated to provide competent services. Even if no federal funding is involved, the harm that could ensue from unskilled interpreter at work is a potential wrong that must be avoided.

By creating a system to certify the qualifications of court interpreters and by requiring that they be appointed in many court and administrative proceedings, the bill will dramatically improve the ability of the courts and agencies to carry out their important role in protecting public safety in criminal cases and in fairly resolving disputes in civil or administrative matters.

We hope that you and the Judiciary Committee will vote in favor of reporting SB 669 from the committee and on the floor.

Very truly yours,

Alexander Raïnof, Ph.D
Chair, Board of Directors