The Couch: When Impartiality Meets the Scope of an Assignment

A Brief History of The Couch Series

Since its debut in 2017, The Couch has given our members a space to discuss dilemmas, support one another, and network within our field. Past discussions have tackled ethical challenges, professional growth, and best practices, offering valuable insights to judiciary interpreters and translators alike.

The Couch is a place to exchange ideas and brainstorm, not only for its contributors but also for our readers who engage in the ensuing discussions.

If you’re new to The Couch series, check out some of our previous posts:

• Is There Still a Lane for Newcomers? (June 2026): A newcomer to the language access profession seeks advice from experienced interpreters and translators on overcoming entry barriers, gaining experience, finding training opportunities, and navigating a changing professional landscape.
• The Couch: Are “Translator Headphones” Giving You the Ick Too? (March 2026): A conversation about “translator headphones” sparks an uncomfortable realization about how the public misunderstands interpreting and what that could mean for the field.
• The Couch: New Member to NAJIT (December 2025): A recent college graduate and new NAJIT member seeks advice from experienced members on building professional connections, becoming involved in the association, and making the most of their membership.

For more posts, please explore: The Couch Series

These discussions continue to shape our understanding of best practices in judiciary translation and interpreting.

Seeking Guidance: Saved by the Bell: Who Do I Work For? 

A question from one of our readers:

A colleague was recently hired by one party to interpret in a complex, highly contentious civil case. While she was interpreting for that party’s witness, counsel displayed a lengthy Spanish-language WhatsApp exchange, and opposing counsel objected, asking the court to have her sight-translate it into English.

The interpreter had been retained and paid by one side, but she was working in court and was professionally obligated to remain impartial. Did that mean she should simply comply with opposing counsel’s request? Or should the fact that she had been hired by the other party have given her pause?

As we interpreters know, we do not become an advocate merely because one party pays our fees. Our duty is to interpret accurately, completely, and without favoring either side. Still, perceived impartiality matters.

If the WhatsApp exchange contained ambiguous language, and the interpreter selected one of several possible meanings, could opposing counsel later question whether her rendition favored the party that retained her? Could her own client object if the translation appeared damaging?

Declining the request could create the opposite impression. Would refusing to translate an exhibit make it appear that she was protecting the party that hired her? Would saying, “I was not retained by your side,” improperly suggest that her professional obligations depended on who was paying her?

The request also went beyond interpreting witness testimony. She was being asked to provide an English rendition of documentary evidence. Had she been retained to interpret the proceeding generally, or only to interpret for her client and its witnesses? Had anyone defined the scope of her assignment in open court?

For those who have encountered similar situations:

What would you have done?

Should she have proceeded immediately? Should she have declined? Or should she have paused, advised the court that she had been retained by one party, explained the accuracy concerns, or asked the judge how to proceed?

Would that have been the most transparent course? Or would it have unnecessarily suggested that she could not remain neutral?

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Keep the Conversation Going

If this topic resonated with you, be sure to check out our previous blog posts for more insights on the realities of our profession, and the evolving world of judiciary translation and interpreting:

Taking a Pause — What do moving boxes and NTO have in common?

It Takes a Village (of Volunteers) — How can professional associations encourage more members to volunteer and take on leadership roles?

The Feedback Matters — Have something to say about a TNO post? Keep sending your thoughts our way. You may see your comment featured in a future reader roundup.  

Let’s Talk About Décalage — How do you determine your ideal décalage during simultaneous interpreting, and what strategies help you maintain it when a speaker’s pace or sentence structure becomes challenging?

You can find these and more in our blog archives!

Interested in sharing your insights with our community? 

Check out Writing for The NAJIT Observer to learn how you can contribute.

Disclaimer:

The views and opinions expressed in this post are those of the author(s) and do not necessarily reflect the official position, policies, or views of the NAJIT Board of Directors or the organization as a whole. Content published in The NAJIT Observer is intended to encourage professional dialogue, reflection, and community engagement. Reader discretion is advised where topics may involve complex ethical, professional, or emotionally sensitive subject matter.

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