About the Profession

State Court Certification

All fifty states are members of the National Center for State Courts (NCSC), and have access to statistically valid, performance based, court interpreter certification exams through the Council of Language Access Coordinators (CLAC), which is housed in the Language Access Services Section (LASS) of the NCSC. Currently, there are certification exams available for 13 languages. For more information, visit http://www.ncsc.org/Services-and-Experts/Areas-of-expertise/Language-access/Written-and-Oral-Exam-Resources.aspx.

Federal Court Certification

The federal courts offer a statistically valid, criterion referenced and performance based court interpreter certification exam for Spanish language interpreters. In the past, the federal courts also certified Navajo and Haitian Creole interpreters. Federal court interpreter certification is recognized as a valid credential at the national level by both state and federal courts. For more information, visit https://www.uscourts.gov/services-forms/federal-court-interpreters/federal-court-interpreter-certification-examination.

The Registration of Interpreters for the Deaf

The American Translators Association

GENERAL

KNOWLEDGE, SKILLS AND ABILITIES

CERTIFICATION AND CODES OF ETHICS

MARKET CONDITIONS

LEGAL ASPECTS

There are several different branches of interpretation: (1) legal, (2) conference, (3) medical/mental health, (4) escort, (5) seminar, and (6) business. Legal interpretation is divided into two main categories, judicial (commonly known as court interpreting) and quasi-judicial (interpreting that takes place in other legal settings). Judiciary interpreters work in courtrooms and in out-of-court settings, in any matter related to law or a legal case.

Judiciary interpreters are highly skilled professionals who fulfill an essential role in the administration of justice by providing complete, unbiased, and accurate interpretation between English speakers and non-English or limited-English-proficient (LEP) defendants, litigants, victims, or witnesses. They are impartial officers of the court, with a duty to serve the judicial process. The judiciary interpreter’s role is to help remove the linguistic barriers that impede an LEP individual from full and equal access to justice under the law.

Judiciary interpreters cover virtually every kind of case (civil and criminal) in municipal, state, and federal courts. State court interpreters cover matters including personal injury, small claims, landlord/tenant disputes, traffic violations, domestic violence, child support, sexual assault, rape, homicides, drug offenses, arson, and illegal gambling, to name a few. Federal cases may include drug or arms trafficking, human smuggling, money laundering, kidnapping, hijacking, terrorist attacks, interstate or international crimes.

Legal proceedings may include initial appearances, bail applications, pretrial conferences, pleas, evidentiary hearings, trials, sentencings, or post-sentencing hearings. Judiciary interpreters also work outside of the courtroom in other legal or quasi-legal settings such as attorney-client interviews, prosecutor and victim or witness interviews, proffer sessions with prosecutors, Grand Jury proceedings, or law enforcement interviews and interrogations. In addition, they may interpret for court support personnel or other justice services (e.g., probation officers, medical personnel conducting psychiatric evaluations, law enforcement personnel conducting polygraph examinations); probation and parole interviews; administrative hearings; depositions; immigration hearings; and worker’s compensation hearings.

Interpretation is the process by which oral communication is rendered from one language to another. The original is either spoken or signed language, and the rendition is delivered either in another spoken language or in a signed language.
Translation is the process by which written text is rendered from one language into another. The original is in written form, and the translation into the other language is also produced in written form.

In both interpretation and translation, the goal is for the tone, style, and content of the original to be maintained in the rendition into the other language.

Sight translation is a hybrid form in which the content of a written text in one language is rendered orally (on sight) into another language.

NOTE: Interpretation and translation, while both language-related, are not identical disciplines. Each requires specific knowledge, training, and practice. Credentialing is different for each domain. Some practitioners are equally adept at both; others specialize in one discipline or the other. Although the public and media often use the terms interchangeably, we use interpretation when referring to the language transfer of oral speech, and translation when referring to the language transfer of written texts.

In legal settings, only three modes of interpretation are permitted by federal or state statute, court rule, or case law. These modes are: simultaneous interpretation, consecutive interpretation, and sight translation. All three modes require skills beyond near-native proficiency in both languages. (See Position Paper on Modes of Interpreting.)

The main technique in judiciary interpretation is that the interpreter uses the same grammatical voice as each speaker, without ever lapsing into the third person. This is called direct speech, and permits people to communicate with each other directly. The interpreter’s task is to interpret everything from one language into the other language, while preserving the tone and register of the original discourse. In any legal or quasi-legal setting, an interpreter is not permitted to add, omit, or delete any content. Nor is an interpreter permitted to give a summary (also known as “occasional” interpretation) of a speech or text.

Some judges and attorneys have a mistaken belief that an interpreter renders court proceedings word for word, but this is impossible since there is not a one-to-one correspondence between words or concepts in different languages. For example, sometimes one word in English requires more than one word in another language to get the same idea across, and vice versa. Rather than word for word, then, interpreters render meaning by reproducing the full content of the ideas being expressed. Interpreters do not interpret words; they interpret concepts.

A legal translator prepares written translations of documents related to criminal and/or civil matters, such as medical or psychological evaluations; forensic reports (drug analyses, DNA reports or medical reports); divorce decrees; foreign judgments; extradition documents; statutes and contracts, or other relevant documents. The translation may be from the foreign language into English or from English into the foreign language. Tape transcription and translation of audio or video recordings are also needed for legal and quasi-legal proceedings. Transcription is an area of legal interpretation that requires additional training and expertise.

Yes, because it requires a rigorous standard of exactitude. Translated documents may be introduced into evidence or used for other legal purposes. A true and accurate translation must be produced at all times. When working with foreign language documents from different legal systems, a translator must find accurate equivalents in English for legal terms, at the same time taking care not to mislead the reader to assume that the underlying legal concepts are identical in the two legal systems, when in fact they may not be.

The answer to this question depends in part on the law of supply and demand. Other variables include the type of certification and/or other qualifications held by the interpreter; the frequency and volume of work available; the venues in which interpretation is needed; and the employment scheme under which the interpreter works (self-employment, freelance, or salaried).

Remuneration varies, depending on the specific state and the associated cost of living particular to each area. In some parts of the United States, the pay is only moderate; in others, it is more on a par with professional standards. Most court interpreters are self-employed, and as such are considered independent contractors. In some venues, freelance interpreters are paid by the hour; in others they are paid by the half-day or full day. Some states have what are called “permanent per diems.”

When interpreters are hired by private parties, the rate of remuneration is negotiable.

Where the volume of work is greatest, courts have full-time staff positions, almost all of them for Spanish<>English interpreters. Supervisory positions may also be available.

In some jurisdictions, such as California, New Jersey, and Cook County, Illinois, for example, court interpreters in certain categories, both full-time and part-time, are considered judiciary employees, and as such, have collective bargaining rights.

The work can be fascinating, sometimes dramatic, always challenging, mentally stimulating, and can even be perceived of as fun. After a few years of experience, certain types of jobs can appear formulaic and predictable, but generally a judiciary interpreter or translator never knows what his or her next assignment will bring, and that keeps interpreters and translators on their toes. Sometimes the work is exhausting and stressful. Sometimes interpreters struggle to hear under less-than-optimal conditions. Translators can work long hours on rush assignments.

Some judiciary interpreters work as consultants, trainers, analysts, or expert witnesses on issues related to translation and interpretation.

Other areas of work in the field include designing interpreter protocols and procedures; designing, administering, and scoring interpreter examinations; developing training materials or programs for interpreters; managing quality control in interpreting; teaching and orienting interpreters; or managing and supervising legal interpretation and translation services in the private or public sector.

Judiciary interpreters and translators prepare themselves through college or continuing education courses, court-sponsored training, self-training materials, mentorship opportunities, and professional workshops or conferences. Aspiring interpreters may contact their state supreme court or the administrative office of the courts in their areas for information regarding training programs. Local interpreter and translator associations should be contacted as well. NAJIT’s Annual Conference provides a forum for training and information exchange among interpreters and translators. Consult the Calendar of Events for more information.

Full bilingual proficiency, ample vocabulary, and knowledge of standard grammar are prerequisites. Judiciary interpreter training normally focuses on ethics, specialized vocabulary, development of consecutive and simultaneous interpretation skills, and sight translation practice.

Periodically there are short-term seminars and workshops around the country offered by state court interpreter programs, by local interpreter and translators associations, or by national associations. You may want to contact your state supreme court interpreter program to see if your state has training seminars scheduled and to request that they include you on their list for notification of any future training seminars. NAJIT’s Resources Page has many links to these organizations.

An excellent way to keep abreast of course offerings and many other judiciary interpreting and translating related matters is to join NAJIT.Membership entitles you to receive NAJIT’s quarterly newsletter, Proteus, and periodic Cybernews alerts; to attend the NAJIT Annual Conference at a member’s discounted rate; and to join the NAJIT listserve, where members discuss training opportunities, dictionary and resource information, terminology, and ethical issues.

One indispensable self-training technique is to go to court and observe proceedings. Mentally interpret to yourself. Write down the terms that you are not familiar with, and then look for solutions in dictionaries. You can also practice interpreting while watching television or listening to the radio. In general, a good practice is to tape your practice interpretations, and then to listen to the replay with a critical ear for clarity, vocabulary, word choice, and coherence.

There are also various self-training print and recorded materials available, developed by experienced interpreter trainers. Some interpreters also join informal practice groups with other interpreters. And finally, mentoring programs provide novices with opportunities to interact with experienced practitioners.

In addition to near-native fluency in English and another language, and specialized skill in the required modes of interpretation, a judiciary interpreter and/or translator must be knowledgeable about the structure of the court system and the terms of art related to criminal and civil justice settings. A judiciary interpreter must have wide general knowledge (equivalent to at least two years of college-level education); and an extensive vocabulary ranging from formal discourse to colloquialisms and slang. Competence also requires a cooperative and flexible attitude. An interpreter deals with people from many walks of life and must remain professional, unbiased, and neutral towards all. Lastly, a judiciary interpreter must have a good understanding of the protocol applicable to each distinct venue and be familiar with the interpreters’ code of ethics and the laws that govern it.

An interpreter must possess good short-term memory skills; must be able to multi-task while engaged in note-taking; and must process and reproduce meaning quickly and accurately into another language. These skills are acquired over considerable time and constantly polished to improve speed, accuracy and delivery.

A translator must possess excellent writing, research and analytic skills.

Most courts require that the interpreter candidate pass some form of a credentialing examination. A judiciary interpreter’s competence may need to be validated through an official examination administered by a court, a professional association, or another entity. States differ in their testing and registration requirements, and tests for certification in some languages are available only in limited geographical areas. Most examinations contain written and oral components. Some contain an ethics component and some state court interpreter certification tests include a translation component.
The states that belong to the Consortium for Language Access in the Courts usually require that an interpreter attend an ethical orientation as part of the admission process.

Certification means an interpreter or translator has been tested by a clearly defined method and has demonstrated a minimum threshold of competence. That threshold may be established by a professional association, a governmental organization, or a court system, and the standard or criteria may be different for each. Most courts and the legal community prefer to use interpreters or translators who have been certified. The more certifications a practitioner holds, the wider the potential job market.

NAJIT has a Code of Ethics and Professional Responsibilities which is binding on all its members.
The Administrative Office of the United States District Court has developed standards for performance and professional responsibility
.The states that belong to the Consortium for Language Access in the Courts have also developed codes of ethics for judiciary interpreters and translators, which may vary in format, but are based on the National Center for State Courts’ Model Code and cover the same ethical principles. CourtEthics.org has a compendium of interpreter codes in the states

In recent years, both the media and the U.S. census have reported a steady increase of non-English and limited-English-proficient individuals throughout the country. In the United States, Spanish constitutes the largest language minority, but courts and other justice-based organizations encounter dozens of other languages. Frequency of need for interpreters in a specific language in any given geographical area will fluctuate, depending on the size of the population that speaks that language. Language needs vary from state to state, within a state, and from jurisdiction to jurisdiction. For specific information about the languages in demand in your area, contact your local state and federal courts.

In New York City, for example, interpreters of dozens of different languages are needed daily. Generally, state courts have the most diverse need for interpreters. The justice systems of many populous states use interpreters of more than 100 different languages each year. In contrast, busy federal courts may use interpreters of some 30 different languages in any given year.

Unfortunately, not all justice-based organizations or support services collect and report interpreter usage statistics, making it difficult to quantify the number of interpreters and languages required in different venues throughout the country.

Prospects will vary, depending on your geographic location, the language you interpret or translate, the need for interpreters or translators of that language, your availability, your credentials, your level of experience and your entrepreneurial abilities. Your first step would be to contact the courts in your area-municipal, state and federal-and inquire as to their needs. Some courts already have an interpreting department; contact those supervisors and seek their guidance. Other potential sources of employment are state justice agencies, public defender organizations, or the private sector.

Nationally, the Court Interpreters Act was enacted in 1978. Title 28 USC §1827 is the federal law that establishes appointment and qualification procedures for interpreters in judicial proceedings instituted by the United States. In addition the Civil Rights Act of 1964, and Executive Order 13166, issued in 2000, requires all recipients of federal assistance, including state courts, to implement plans to ensure that limited English proficient individuals have access to services.

In recent years, the U.S. Department of Justice has been reviewing state court’s compliance with this executive order. In 2010, Assistant Attorney General Perez wrote a letter to the state courts outlining the Department of Justice’s concerns about access to courts for limited English proficient individuals.

Poor interpretation may cause injustices; that is why standards, training, and certification are so vitally important. However, interpreters are human, and humans are fallible, so mistakes do occasionally occur. When an interpreter becomes aware of an error in interpretation, the interpreter is ethically required to correct the mistake immediately. In court, the interpreter should address the judge, acknowledge the error, and request that the record reflect the correction.

Outside of court, an interpreter should address the legal authority in the specific setting in which the interpreter is working. For example, if an interpreter has been contracted by an attorney to interpret in an attorney-client interview or witness interview, the interpreter should address the attorney to acknowledge an error. If an interpreter has been contracted by law enforcement, the interpreter should address the interviewing or interrogating officer. If an interpreter was contracted by a social services agency, the interpreter should address the social worker, and so forth.

Complex and sensitive issues of protocol are involved when correcting a mistake for the record. For example, the interpreter might need to request permission to approach the bench during a jury trial. Interpreters should become familiar with procedures and protocols for resolving specific problems or managing specific situations.

Ideally, interpreters should work in teams of two for trials and longer proceedings. This helps avoid interpreter fatigue, and provides mutual assistance when omissions or other errors occur. Federal statute as well as some state court statutes or court rules contain provisions on the use of team interpreting. NAJIT strongly recommends this standard. (See NAJIT’s position paper on Team Interpreting).

The answer depends on where this occurs. Knowledge of ethics and technique come into play when an interpreter is confronted with an unknown word or expression.

If a witness says something that the interpreter does not understand, the interpreter must seek clarification of the problem word or expression, after requesting permission from the judge to inquire of the witness.
In situations outside the courtroom, the interpreter must request permission from the attorney or other judicial or law enforcement officer to seek further clarification from the speaker.

While simultaneously interpreting court proceedings, an interpreter may have to interrupt the speakers in order to request a repetition or clarification.

There are several other ways of making corrections or compensating for gaps, depending on the situation. In general, an interpreter uses finely tuned analytic and cognitive skills to derive meaning from context. Electronic or other dictionary resources may quickly be consulted, or colleagues may be consulted, or further clarification may be requested of the original speaker.

An interpreter should not hesitate to request clarification immediately if a witness uses an unfamiliar expression.

Sign language interpreters have been organized as a profession since the early 1960s and have trained and tested court interpreters since the early 1970s. In part with the help of federal funding, the Registry of Interpreters for the Deaf was established in 1964 to train, test and publish a central registry of competent interpreters. Because Deaf and hard of hearing people have been included under the protection of disability statutes, interpreting for the deaf has been statutorily mandated in nearly all public settings by state or federal law. As a result, sign language interpreters have broad experience interpreting in various settings such as schools, hospitals, theater performances, business settings, and community events in addition to interpreting in the legal setting.

Sign language interpreters are active on the state, local and national level in advocating for better services in legal settings for Deaf and hard of hearing people. The federal government funds the National Consortium of Interpreter Education Centers and the Mid-America Regional Interpreter Education Center (“MARIE”) is the Center on Excellence in Legal Interpreting and hosts national conferences as well as sponsoring on-going legal education for ASL interpreters. On the state level many statutes are written which define qualified ASL interpreters as those holding certification from the Registry of Interpreters for the Deaf. A number of states also have licensure laws which define the qualifications sign language interpreters must hold to work in various settings in the state. Additionally, because certified interpreters must take continuing education to maintain their credentials, the Registry of Interpreters for the Deaf hosts conferences on the national, regional and state levels which typically provide sessions devoted to legal interpreting.

Resources for Students with Hearing Impairments

Students with hearing disabilities face unique challenges inside the classroom. Many common learning modes that people take for granted — lectures, discussion groups and even one-on-one conversations — can be a struggle for those who have any level of hearing difficulty. However, that doesn’t mean a college degree is out of reach. Today’s wide range of tools, devices and systems can help students with hearing impairments thrive in an educational setting. This guide focuses on those resources, tech tools and expert tips that students of all ages — and all impairment levels – can use achieve academic success.

For legal sign language interpreters to crowning achievement is the Specialist Certificate: Legal (SC: L) from the Registry of Interpreters for the Deaf. After receiving regular generalist certification, the ASL interpreter must present documented evidence of education and experience in legal interpreting to qualify to sit for the written knowledge test. Once having qualified and passed the written examination, the ASL interpreter must sit for the interpreting examination which tests the ability to work in the courtroom and for certain law enforcement texts. The examination also tests the interpreter’s ability to testify as to their skills, experience and credentials on voir dire.

NAJIT offers many benefits to its members that are attractive to legal sign language interpreters. NAJIT is well known among court administrators and the judiciary. NAJIT’s Bench-Bar committee and its Advocacy Committee work in partnership with the courts to improve access to services for limited English proficient people and working conditions for interpreters. NAJIT’s publication Proteus contains timely and interesting articles of use to all interpreters and some articles specifically by and about sign language interpreters. NAJIT hosts an annual conference with presentations on topics of interest to both spoken and sign language interpreters. In recent years, more and more sign language interpreters have applied and been accepted to present to the wider NAJIT membership.

About the Profession