1.6: Legal Interpreting- It’s Not As Bad As You’ve Been Told!

Many Interpreter Education Programs enroll students who, admittedly, are still in the process of learning American Sign Language (ASL). Learning any language is a process that can take years to master depending on the nature and extent of natural linguistic exposure. As a result, when Interpreter Education Programs discuss legal interpreting, they typically admonish students to avoid it. Internalizing this message, many competent and experienced generalist interpreters manage to avoid legal assignments entirely, simply because of their foundational instruction.

Novice deaf legal interpreters face the same challenges with a slightly different twist. Traditionally, Deaf interpreters (DIs) were requested when the interpreter who could hear signaled that something was ‘wrong’ with the deaf consumer. The poor job of explaining the work of DIs has had significant negative consequences on the work not only in court settings but across community interpreting. Fortunately, that narrative frame is shifting and will continue to shift as more DIs are showcased in public-facing settings. In the past, a DI might have had significant pragmatic experience interpreting, but little formal training. Interestingly, the first setting they were often called to formally interpret was the courtroom. Those difficult and challenging settings became the training grounds for the emerging deaf interpreting profession. Fortunately, DIs have course-corrected and set their own systems for training through organizations such as the Deaf Interpreting Conference ^[1]. ^.At any rate, the content and suggestions in this chapter apply equally to deaf and hearing interpreters.

What is legal and court interpreting?

The official language of court and legal proceedings in the United States is English, which often requires the use of an interpreter for both spoken and signed languages for participants who do not speak English in order to access the legal system. However, legal content crops up in most of the work of ASL interpreters today whether in an attorney-client conference using Video Relay Service (VRS); hospital admissions using consent to treatment forms; in K-12 educational settings such as Individualized Education Plan (IEP) meetings, or post-secondary civics classes. As a result, the content in this chapter is transferable to the work of interpreters across a variety of settings and not limited to the courtroom or law office.

As a starting point, when we refer to legal settings, we are referring to an umbrella term by which we include a variety of judicial and legal settings including, but not limited to, courtrooms, attorney-client conferences, law enforcement investigations, victim/witness interviews, interrogations, depositions, real estate settlements, court-ordered treatment programs, legal education programs, administrative proceedings, and legislative hearings, among others.

What is the status of the legal interpreting credential?

Legal interpreting has always been of interest to the interpreting field and to the deaf community. Legal interpreting was the first specialty certificate developed only a few years after the establishment of the Registry of Interpreters for the Deaf (RID). Currently, the Specialist Certificate: Legal (SC:L) has been sunsetted; however, there is an effort to engage court stakeholders and deaf community stakeholders to develop and fund a new test^[2]. The recommendations from a committee charged with investigating legal interpreting credentials ardently urge that any new credential continue to be called “SC:L” and that the testing process be the same for deaf and hearing candidates. Appended to the resources section, you will find the RID Task Force on Legal Credentialing’s (Legal Credentialing TF) Report and Recommendations. The recommendations were submitted in 2022 and promptly approved by the RID Board.

As with other RID approved credentials, the SC:L has always consisted of a knowledge portion and an interpretation portion. In addition, required prerequisites demonstrating competence in the legal interpreting domains were recommended by the Legal Credentialing TF. Interpreters can demonstrate competency through years of experience, education, and mentoring as is explained in the Report. Thereafter, a knowledge examination in ASL permits the candidate to demonstrate current knowledge of court interpreting ethics, protocol, legal terminology, and procedures. Finally, a demonstration of one’s real-time interpretation skills establishes competencies in the technical aspects of commonly encountered court and legal settings.

Until the specialized credential becomes a reality, however, interpreters need to gauge when they have the appropriate combination of knowledge, skills, and abilities to work in court and legal settings. The good news is that becoming a competent practitioner, even in the absence of a test, is not an insurmountable obstacle. We have some suggestions about how to do just that below and in the remainder of this chapter.

How do I possibly learn such a vast field of specialization?

Archaic terminology and confusing procedures seemingly abound in legal settings, but the specialization is no more complicated than any other highly individualized setting, e.g., interpreting for a deaf professional in a scientific, governmental, or business setting, medical or mental health interpreting, or theatrical interpreting. The following sections will lay out those competency domains that the legal interpreting community has indicated are necessary to attain proficiency. Additionally, further resources on these domains and avenues for learning them are offered in the activities and resources section.

The domains include knowledge of:

1) court and legal systems,

2) legal theory particularly impacting interpretation in court and legal settings,

3) court ethics and protocol,

4) interpreting modes and techniques, and

5) a willingness to advance one’s skills and knowledge in a lifelong effort.

Additionally, interpreting in legal settings requires working collaboratively with deaf colleagues to ensure equal access to justice for deaf people. While DIs have long been marginalized and overlooked in legal settings; there is a growing recognition within the interpreting community of the vital role they play in ensuring equal access for deaf individuals. DIs possess a unique skill set, enabling them to convey messages in diverse ways, tailored to the specific needs of each deaf individual. It’s important to note that the legal system extends beyond just courtrooms, and the dynamics of each legal setting can vary significantly. These variations present distinct challenges to DIs, but their commitment remains steadfast in providing equal access to the deaf community across different legal contexts. The shift towards making the presence of DIs mandatory is a significant step in the right direction.

In the resource section below, information can be attained related to the knowledge, skills, and abilities for the domains mentioned above. Interpreters take training seminars, engage in self-study, collaborate with colleagues in a community of practice, seek mentoring for legal content, process, and procedure with a practitioner, seek mentoring with a DI, observe and team with experienced practitioners, and engage in briefing both before and after the assignment. More discussion of how to attain the foundational skills and abilities is set forth below under the foundational preparation section.

These opportunities exist regardless of where you live and work. Today, even in areas with limited resources, the internet has provided us with a nationwide reach for professional development. The RID Legal Interpreters Member Section (LIMS)^[3] is a rich resource for collaborating with colleagues, identifying experienced mentors, and staying abreast through training and discussion of significant developments in the field. (See Activity 1).

What protocol and ethics are unique to legal interpreting and how do they align with the RID?

Ethics are the foundation of a true profession, and court/legal interpreters are no exception. The ethics and protocol that apply to ASL court interpreters apply to all language interpreting in court. To understand court ethics and protocol, it is important to understand the various functions that legal interpreters undertake.

Generally, interpreting for an attorney outside of court is similar to community interpreting for ASL interpreters, with one major restriction – interpreting in privileged^[4] settings. There are key legal doctrines that affect an interpreter’s conduct in this type of work. In these settings, the interpreter is providing a constitutionally endorsed function^[5] of providing access to counsel. The interpreter must understand the confines of these doctrines. Otherwise, the RID ethics control the conduct of the out of court legal interpreter.

In the courtroom, the interpreter is providing access to justice for all the participants and is sworn to interpret accurately. The very act of being sworn in creates a relationship between the interpreter and the court, as the interpreter becomes an officer of the court, sworn to protect the integrity of the interpreted court proceedings. The interpreter becomes an agent of the court which dictates an interpreter’s conduct and might be considered at odds with the interpreter-consumer relationship in community settings. The ethics governing this interpreter’s conduct are created by the court and apply to all language interpretations. A key difference between this code and the RID code of professional conduct lies in the tenet regarding the protocol for addressing conflicts of interest. RID mandates confidentiality in all regards and the court interpreter code of professional responsibility requires that for a certain class of conflicts, the interpreter must disclose on the record in open court the nature of the conflict and be subject to the court and counsels’ inquiries into the conflict.

It’s not all that bad, really.

First, the disclosure rules only apply to certain conflicts or prior knowledge of the deaf parties by the interpreters encountered in a court proceeding. Second, the disclosure does not and should not include any confidential or privileged content. The court wants to know if the interpreter can interpret accurately and impartially even though they know the deaf person from a prior work or social setting. When the lawyers question the interpreter about the interaction, responses should be general, i.e., ‘I have worked with the defendant in employment settings or educational settings.’ If pressed on specifics of the prior interpreting assignment, remember the ethics specifically direct the interpreter not to include confidential or privileged information^[6].

There is also a subgroup of interpreter-deaf person relationships that do not need to be disclosed because if they exist, the interpreter is not permitted to accept the assignment. Termed per se or automatic conflicts of interest, if the interpreter has a financial interest in the outcome of the case, for example, the interpreter should not accept the assignment. Likewise, for legal reasons, if the interpreter interpreted the prior law enforcement investigation into the case, the interpreter should not accept the subsequent proceedings because of the likelihood the interpreter may be a witness in the trial. There are other examples that constitute per se conflicts that the code of professional responsibility lays out for the interpreter to consider before taking an assignment. Since the assignment is declined, there is no need for an on-the-record open court disclosure of the prior contact.

Other protocol includes ensuring that the interpreter does not appear overly friendly with any of the participants. Overly friendly behavior might appear to an observer that the interpreter somehow has a bias towards or against one of the parties. This means, for example, that as the court’s sworn interpreter, they are not permitted to greet the deaf (or any) participant with a traditional hug. This means that interpreters should separate themselves from all participants when not actively interpreting (think using different restrooms, elevators, and eating spaces). The appearance of bias is a commonly understood conflict of interest in the legal community and all officers of the court must avoid any appearance of supporting one side or the other. Commonly, court interpreters will explain some of these restrictions to the deaf parties in an initial preparatory conference with counsel present.

Deaf interpreters in legal settings face distinctive challenges deeply rooted in their close ties to the Deaf community. These ties, while valuable for understanding cultural nuances and communication preferences, can create potential conflicts of interest. DIs must navigate these personal connections delicately, ensuring that their involvement in legal proceedings does not compromise impartiality or raise concerns among court participants. This delicate balance between their community bonds and their role as impartial interpreters underscores the unique challenges DIs encounter within the legal system.

The deaf party and counsel should be informed of other protocols that are different for court interpreting. For example, the deaf person should be told that there are times when interpretation will not be provided, such as during the oath when an interpreter is an active participant in the oath taking. Another difference involves the process for requesting repetitions, clarifications, or modifications to the process to ensure the interpretation is accurate. In the courtroom, the interpreter cannot ask directly for repetition, as one would typically do in a community setting. In court, all requests are channeled through the court – in other words, the interpreter asks the judge for permission to clarify a term or a sign with the deaf person or to direct counsel to slow or modify their pace or any other process related interpreting need that arises.

Any other issues that the interpreter can think of to warn the deaf participants about can be addressed during the initial preparation session with the client and counsel. Asking in a culturally sensitive manner is an important skill to learn. (See Activity 2).

What is the unique role of a table interpreter?

In the legal world, Table Interpreters (TIs) have a crucial job: they help lawyers and clients communicate when they speak different languages. Unlike sworn court interpreters, TIs are not officially part of the court record, but their work is incredibly important to ensuring constitutional access to counsel. To be a competent TI, you need to understand how the legal system works. Think of it like learning a special language that lawyers use. TIs need to know this language well, so they can interpret accurately between lawyers and their clients.

The table interpreter provides interpreting access to counsel before, during, and after a proceeding. They do not interpret for the court. They interpret interviews and conversations with clients and witnesses in preparation for a case, during breaks and before and after a matter begins. TIs also watch the working court interpreters carefully for significant errors, mainly during deaf witness testimony. TIs inform counsel when such an error is made, and counsel has the opportunity to object for appeal. This role is sensitive and interpreters must take care to be diplomatic and civil towards the working court interpreter. Ultimately, the TI is the mechanism that allows the deaf participant immediate access to counsel during the proceedings to fully be able to confront and cross examine witnesses.

Table interpreting is a challenging task, like juggling. There may be multiple people speaking simultaneously, lawyers arguing, witnesses answering questions, and more. While the court interpreters are tasked with interpreting this discourse, TIs have to be quick thinkers and skilled with language to make sure everyone understands each other. Mistakes can have a serious impact on legal cases. If you want to become a TI, the best way to prepare is to get special training in legal language and court procedure. It ensures that people in court can talk to each other accurately and without any confusion.

What is the foundational preparation like for legal interpreting?

If an interpreter does not fully understand the legal system, interrogation techniques, or court procedure, their interpretations could negatively impact the situation and influence the outcome. To date, interpreters have varied practices for ensuring readiness but are often left without guidance except for their own intuition in determining whether they have had enough training to be qualified to work in legal settings. Additionally, some jurisdictions require interpreters to obtain specific credentials such as certification or training to demonstrate their competence and professionalism to work in legal settings. Interpreters should become familiar with the requirements for the area where they intend to work.

When you think about the word ‘preparation’ you might envision what you are going to wear to an assignment, if you are able to get tangible materials to read and digest before the assignment and plan out your travel from one part of town to another, or from your couch to your office. These case specific preparations are important, however, interpreting in legal settings requires intense training in specialized legal jargon and an in-depth understanding of the legal system long before accepting your first assignment. In the next section, we will look at foundational skills interpreters aspiring to work in legal and court settings should invest their time developing.

Language proficiency and legal terminology

Preparation takes place long before an interpreter accepts a legal assignment. We recommend starting with reviewing and training for specialized terminology and legal jargon, as well as courtroom discourse. Given that many legal terms have multiple meanings that cannot be accurately conveyed unless the interpreter fully understands the context in which it was used, we recommend having a good command of both languages and an easily accessible legal dictionary. Interpreters must have a high level of proficiency in both the source language (the language being used by the signer or speaker) and the target language (the language the interpreter will be interpreting into). Legal systems often have specific terms and phrases that may not have direct equivalents in other languages, especially ASL as there are often not one-to-one correlations. Both Deaf and hearing interpreters are encouraged to spend time becoming familiar with legal English terminology^[7].

Process and Protocol

In addition to becoming familiar with the legal terminology and concepts, interpreters should spend time learning the procedures encountered during interpreting legal assignments. While there are procedural similarities, many states have their own unique vocabulary for their procedures. A great resource is the state court language access pages, as they often provide glossaries for interpreters and the state court websites often explain various procedures particularly when people are self-represented.

Consider participating in training programs or courses for legal interpreters, or legal studies courses such as forensic psychology, criminal and administrative justice, and law enforcement courses. Many organizations offer workshops, seminars, and courses that focus on legal interpreting techniques, ethics, and standards. Be familiar with the differences between common law and civil law systems, as well as substantive topics, for example drug crimes, divorce and custody cases, restraining orders and various types of assaultive conduct. Understand the questioning and interrogation techniques that are frequently used by attorneys and law enforcement. There are many trainings usually offered by the courts to all language interpreters that are characterized as ‘language neutral’ where ASL and various spoken language interpreters come together. Don’t shy away from them if they do not mention ASL specifically. Language neutral training is valuable to legal training and as a forum for networking among spoken language colleagues. Organizations such as the National Association of Judiciary Interpreters and Translators (NAJIT) and RID LIMS provide substantive resources and training for legal interpreters. A ride-along with law enforcement, civics courses, and frankly YouTube are excellent ways to get a feeling for local procedure and terminology.

We suggest spending time reading legal texts, court documents, and relevant laws to gain a comprehensive understanding of the legal system and procedures in the region you are planning to work. For example, court transcripts, affidavits, pleadings, contracts, and forensic reports can help with becoming familiar with the terminology and concepts one may encounter during interpreting assignments. Reviewing forensic reports can provide insights for refining word selection, sign choices, and enhancing the clarity of ASL interpretations.

Another suggestion is to become familiar with standard frozen texts that are used in legal settings such as the Miranda Warning, oaths and affirmations, arraignment scripts, some components of jury instructions, plea agreements, warrants and summons, and stay-away orders just to name a few. It is crucial for interpreters to be ready to convey the Miranda Warning and know there are different ways to sign it while maintaining its meaning.

Being familiar with these texts and having an understanding of the concepts, or rehearsed interpretations, can be helpful when interpreters encounter the texts during assignments. For example, various legal forms and contracts, such as leases, purchase agreements, or employment contracts, have standardized language and clauses that are commonly used. Interpreters may encounter these texts in depositions, negotiations, or other legal proceedings involving contractual matters. In criminal cases, plea agreements outline the terms and conditions agreed upon between the prosecution and the defendant. These agreements may include specific language regarding the charges, the defendant’s admission of guilt, and the proposed sentence or recommended actions.

Another good example of preparation materials are jury instructions. Judges provide instructions to jurors regarding their duties, the law applicable to the case, and how they should deliberate. These instructions are typically standardized and aim to ensure that jurors understand the legal framework and criteria for making their decisions. Interpreters often encounter pre-established texts when witnesses, jurors, or public officials take oaths or affirmations before providing testimony or assuming their roles. Copies are easily attainable online or from other interpreters who may share instructions with you from their experience.

We also suggest taking time to observe legal proceedings to familiarize yourself with the courtroom dynamics and identify the roles of different participants, and the overall flow of the proceedings. You can observe matters without interpreters and we also recommend you do try and seek out local interpreters to observe their work as well. Observing interpreters in action offers a unique perspective compared to studying alone when preparing for legal settings. Additionally, you can participate in a ride-along with law enforcement, during which you spend a shift observing the day-to-day work of a law enforcement officer. This can help you become more comfortable and prepared when you start interpreting in similar settings. (See Activity 3).

Practice Makes Perfect

Regular practice of interpreting legal texts or participating in mock legal scenarios to improve interpreting skills is tremendously helpful. When possible, seek opportunities for shadowing and observing experienced interpreters on legal assignments. Continue to seek feedback from experienced legal interpreters or trainers to identify areas for improvement and refine techniques. Resources and networking opportunities can be found through the RID LIMS. It is a great network!

Legal interpreting requires specific techniques, such as simultaneous or consecutive interpreting. Interpreters practice these techniques to ensure accuracy, speed, and consistency in their interpretation. Interpreters also need to develop their work on note-taking skills, memory retention, and managing complex legal discourse. These are all skills you can practice on your own, with another peer, with a community of practice, or with an experienced legal interpreter or trainer.

Portfolio

Throughout the learning journey, interpreters should document all the time spent using a portfolio. A portfolio should demonstrate one’s qualifications, skills, and experience as well as any evidence of competence and proficiency in interpreting in legal settings. A portfolio should highlight relevant education, training, certifications, and work experience as an aspiring legal interpreter. Make sure the portfolio is well-organized, easy to read, and professional in appearance. Tailor it to the specific needs of the target clients or employers and update it regularly to reflect any latest achievements and experiences as a legal interpreter. We have seen both digital portfolios online and hard copies, typically in a three-ring binder. Either will suffice, choose what suits you best. You can start now! Begin documenting your coursework and training to date. Don’t have a resume yet? Let’s get one started! (See Activity 4).

In conclusion, remember that each legal system and jurisdiction may have specific requirements and practices, so it’s essential that interpreters adapt accordingly. Consult local resources, professional associations, and experienced legal interpreters for guidance specific to the region where you will be working. As this chapter has tried to demonstrate that becoming a legal or court interpreter is not an insurmountable task. We have tried to set forth the status of the legal credentialing process, the unique ethical and protocol requirements, the benefits of working with deaf colleagues, strategies to develop foundational preparation skills and provide you with various activities and resources to continue your learning. The role of an interpreter is vital in ensuring justice and effective communication in legal settings. By preparing diligently, maintaining professionalism, and continuously developing skills, interpreters can excel in this challenging yet rewarding field!

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Activities

Activity 1

Review the competency domains and suggestions in the attached RID Task Force Recommendation Report.

Reflect on those areas that might be attainable for you in your area given the resources available.

Focus on avenues for:

knowledge, skill, and abilities attainment,

mentoring and observation opportunities, and

collaboration opportunities with stakeholders (deaf interpreters and legal interpreters).

Discuss or reflect upon those competency domains you currently have the resources to work with and those you do not.

Brainstorm for those areas in which you do not have immediate resources, and how might the internet and access to virtual collaboration might be leveraged.

Prepare a brief summary (ASL or written English) of your thoughts to share with colleagues in your community of practice. Include at least three concrete avenues to pursue and set forth a time frame for the process.

Report back periodically within the community of practice as new information and ideas surface.

Activity 2

In small groups in your community of practice, take turns explaining consecutive interpreting, note taking, and cuing to the deaf witness.

Explain that there may be times when information is not interpreted and how that will be handled. Give examples if you can;

Explain that since you have met the deaf participant in the past, you will need to disclose that to the court. Tell the deaf person the nature of what you will be telling the court;

If you are alone, record yourself practicing the above activity for later to share in your community of practice or with your mentor.

Activity 3

Write out a minimum of three professional development goals for yourself.

Use ideas from what you just read and come up with your own ideas. Be creative!

Identify resources and support.

Identify any barriers or obstacles and brainstorm ways to overcome them.

Break down your goals into smaller actionable steps.

Create a timeline for completion.

Make a commitment to yourself.

Put actionable steps into your planner or calendar.

Share with a peer or mentor who will help keep you accountable for your plan.

Monitor and adjust your plan accordingly. Revisit as often as necessary. Professional development is an ongoing process. Your goals may change over time, so it’s essential to revisit and adapt them as needed. Did you meet your goals? Create a new plan once completed.

Lastly, don’t forget to include your professional development activities in your portfolio! (See activity 4).

Activity 4

Begin documenting your coursework and training to date.

Unofficial or official transcripts.

Certificates of completion.

Don’t have a resume yet? Let’s get one started!

Search for ASL interpreter resume examples online.

Create a portfolio, be creative!

Search for ASL interpreter portfolio examples online.
Here’s what we recommend that should typically be included in a legal interpreter’s portfolio:

Resume or Curriculum Vitae (CV)

Any relevant Certification(s) or License(s)

If you’ve completed any language proficiency exams such as the American Sign Language Proficiency Interview (ASLPI)

Formal Training and Continuing Education

Education

Workshops and trainings

Experience

Interpreting

Mentoring

Observations

Professional Memberships

Resources and Recommended Readings

Specialist Competencies of the Interpreter Practicing within Court and Legal Settings http://www.interpretereducation.org/wp-content/uploads/2012/10/FINAL_Legal_Competencies_Document_2012.pdf

American Sign Language/English Interpreting in Legal Settings: Current Practices in North America https://digitalcommons.unf.edu/cgi/viewcontent.cgi?article=1000&context=joi

Identity and Coping: Deaf Sign Language Interpreters and Secondary Traumatic Stress https://digitalcommons.unf.edu/cgi/viewcontent.cgi?article=1141&context=joi

Teams In Action https://www.unco.edu/project-climb/resources/teams-in-action.aspx

Annotated Bibliography- Resources of Interest to ASL Legal Interpreters https://www.unco.edu/project-climb/resources/bibliography.aspx

Recommended Guidelines for the Use of Deaf Intermediary Interpreters https://www.courts.ca.gov/documents/CIP_GID.pdf

Deaf Interpreters in Court https://www.unco.edu/project-climb/pdf/resources/deaf-interpreters/deaf-interpreters-in-court.pdf

Deaf Interpreters as Reasonable Accommodation Fact sheet https://www.unco.edu/project-climb/pdf/resources/deaf-interpreters/deaf-Interpreters-reasonable-accommodation.pdf

NCSC Interpreter Code of Ethics https://www.ncsc.org/__data/assets/pdf_file/0022/19606/interpreter-code-of-ethics.pdf

Legal Credentialing TF Report and Recommendations https://drive.google.com/file/d/1FHkwYN8K6p4LTDScs12843I6futEr7N3/view?usp=sharing

Footnotes

^[1] https://www.nationaldi.org/ (last accessed 9/6/2023).

^[2] An ad hoc working group of stakeholders composed of courts, practitioners, credentialing specialists, RID, NAD and other interested parties are actively working to implement the testing recommendations that were included in the Legal Credentialing Task Force’s final recommendations to the RID Board of Directors in 2022.

^[3] The RID Legal Interpreters Member Section is free to RID members. Member sections can be joined in the RID member’s account page. For help, please email [e-mail].

^[4] Privileged settings are defined by state law. Generally, an attorney client privilege is defined as a matter in which a client and an attorney converse confidentially for the purpose of providing legal advice.

^[5] At least in a criminal matter. See United States ex rel. Negron v. State of New York, 434 F.2d 386 (2d Cir. 1970).

^[6] A copy of a general court interpreter code of professional responsibility is appended in the reference section. Most states will have their own codes, available on their websites, which are modeled on the attached code in many respects.

^[7] An ASL legal dictionary is available online at https://www.unco.edu/project-climb/resources/dictionary.aspx (last accessed 9/16/2023).