“The reality is we are never going to have enough qualified interpreters in enough languages for every courtroom that needs them at the time they need them.”District Court of Appeal Justice, Terrence L. Bruiniers

With more than 220 languages spoken in California, but only 1,900 court interpreters representing a small percentage of those languages, the state continues to fall short in providing legal language services to limited English speakers. To comply with federal law, the state’s goal is to provide California court interpreters for all criminal and civil cases, as noted by District Court of Appeal Justice, Terrence L. Bruiniers in this article by the LA Times. Bruiniers also said that “the reality is we are never going to have enough qualified interpreters in enough languages for every courtroom that needs them at the time they need them.” (Dolan, 2017).

While 1,900 interpreters is impressive,  recruiting on-site interpreters as employees is a cumbersome and costly business, and ultimately underserves speakers of less common languages such as Cambodian, Khmer, Japanese, Malayalam, Hmong, Lao, Mixteco, and other exotic languages. To combat the issue, the Judicial Council of California launched a pilot video remote interpretation (VRI) project in July to compare technology from two vendors in the Superior Courts of Merced, Sacramento and Ventura. At the end of the six-month project, the Courts, Council and vendors are to determine statewide criteria for VRI technology, based on the effectiveness of the technology and participant feedback.

According to Slator, the vendors, (Connected Justice and Paras and Associates)  both use Cisco equipment. In fact, Connected Justice is a branded Cisco platform! This leads to the question of whether the vendor selection will monopolize the market in the future.

Solution 1: Increase Competition, Increase Suppliers, Increase Coverage

Video Remote Interpretation

Increasing competition during the procurement process will increase vendor selection and increase interpreter coverage statewide.

In the past, the VRI interpreting in California was limited to court-certified American Sign Language (ASL) interpreters. This practice limits the number of interpreters available and may increase the risk of violating the American Disability Act and the U.S. Civil Rights Act of 1964, in the event a court-certified ASL interpreter is not available.

Suppliers, such as Stratus Video, provide nationally certified sign language interpreters and professionally qualified foreign language interpreters to perform VRI services. Companies like Stratus increase the pool of qualified interpreters available for the Deaf and Hard-of-Hearing population, as well as LEP persons.

Solution 2: Improve Communication Before and After Court

Telephone Interpretation

While VRI interpretation is favored over telephone interpreting services, some counties are implementing this service. It is cost-effective, secure and provides equal access to the California Courts.

In addition to using legal interpreters for civil and criminal hearings, the courts are further challenged with providing language services for various court appointed services, programs, and any pertaining legal information, from substance abuse courses to where to pay for a parking ticket.

In order to ameliorate the burden on the court system, over-the phone interpretation services can be implemented for the court’s automated messaging system. This type of telephone interpretation directs the caller (non-English speaker) to a live interpreter or recorded message (jury duty, holiday closings, etc.), effectively communicating everything they need before and after their court obligation.

California Court Interpreter Certification Process

At present, there is no standardized national accredited certification for court interpretation. States have various requirements and may only represent some languages. In California, court interpreter certification exams are only offered in American Sign Language, Arabic, Eastern Armenian, Cantonese, Farsi, Khmer, Korean, Mandarin, Portuguese, Punjabi, Russian, Spanish, Tagalog and Vietnamese. People who are fluent in other languages may apply for the registered court interpreters test.

Under the provisional qualification in the “language access plan”, California courts can outsource legal language services to language services providers (LSP). This method can save department time, cut labor costs, reduce expenses and bring the courts in compliance with federal law.

Solution 3: Outsource to Become in Compliance

Working with an LSP is extremely beneficial because these companies already have a network of professionally trained and qualified linguists contracted to perform services for clients. As you can see below, the only difference in credentials is certification through the state.

Qualified Legal Interpreters	Registered and Certified Court Interpreters
Self-employed as 1099 Independent contractors	Employed by the Court
Advanced education and training in English and second language	Advanced training and education in English and second language
Able to interpret complex legal jargon in real-time without distorting the meaning, context, or syntax.	Able to interpret complex legal jargon in real-time without distorting the meaning, context, or syntax.
Not required to pass state certification exam	Must pass California state certification test for OR pass written and oral exam and complete Judicial Council requirements.
Interprets for LEP and Deaf persons and English speakers during depositions, mediations, client intake meetings, preliminary hearings, etc.	Interprets in court settings, as mandated by court system
Charges an hour fee	Receives yearly salary and benefits

Many LSPs meet California’s requirements, not only under the provisional qualifications but for all legal language services. This includes written translations of signage, forms, applications, and other documents.

Moving forward, if state and county court systems considered outsourcing via a request for proposal (RFP) that includes on-site, telephone, VRI, ASL and document translation services, they could save valuable time and resources and be closer to achieving compliance with the federal government.

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Conclusion

“This is not the kind of challenge you can simply meet in three years and then declare victory.” – Supreme Court Justice Mariano-Florentino Cuellar (Dolan, 2017)

As California’s court interpreter shortage continues to develop, the state should consider including these provisional qualifications as acceptable standards for the RFP process. As the most diverse state in the union, it is time to provide equal access for all.

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About Interpreters Unlimited

Making Connections Nationwide. Interpreters Unlimited provides professional legal interpretation and document translation services in California and throughout the United States. Services are available in 200 foreign languages and American Sign Language for on-site, telephone and video remote appointments.  For more information, please call (800) 726-9891 to speak with a representative. To submit bid and RFP notifications, please contact bids@iugroup.com

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Sources

California Courts. Strategic Plan for Language Access in the California Courts. [PDF] (2014). Retrieved September 27, 2017, from http://www.courts.ca.gov/ San Francisco, California: The Judicial Council of California.

FAQ’s – Court Interpreters. (n.d.). Retrieved September 26, 2017, from
http://www.courts.ca.gov/2683.htm

Young, B. (2012, December 6). Calif. Courts Face Federal Scrutiny Over Interpreter Access. The San Diego Union-Tribune. Retrieved from http://www.sandiegouniontribune.com

Dolan, M. (2017, September  5). With 220 Languages Spoken in California, Courts Face an Interpreter Shortage. The Los Angeles Times. Retrieved from http://www.latimes.com

California Courts. (2017). Language Access Metrics Report [PDF]. Retrieved September 28, 2017, from http://www.courts.ca.gov The Judicial Council of California

Faies, F. (2017, March 23). Court Interpretation in California Goes Virtual. Slator. Retrieved September 28, 2017, from http://www.slator.com

Judicial Council of California (2017) Video Remote Interpreting (VRI) Pilot Project. [PDF]. Retrieved September 28, 2017, from http://www.courts.ca.gov/ San Francisco, California: The Judicial Council of California

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Whether you’re a seasoned pro when it comes to working with foreign language interpreters, or if it’s something you’re not familiar with, these 10 tips will help you before, during and after an on-site interpretation appointment.

Before the Appointment

1. Request an interpreter who is the same gender and age, with a similar background to the person who is not English proficient. Depending on the circumstances of a medical appointment or legal matter, the person may feel more comfortable communicating with someone who has a similar background to them. Also, be sure to know if a consecutive or simultaneous interpreter is needed.
   

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2. Allow enough time for the interpretation to take place. Note that the time will be close to double the time of a regular appointment or consultation. This is because, during consecutive interpretation, the limited English proficient (LEP) person speaks, followed by the interpreter.
   

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3. Speak with your interpreter before the appointment begins about any questions you may have. Discuss any protocols that may arise during the appointment. It’s also a good idea for the interpreter to explain to the non-English speaker his/her role during the appointment and to answer any questions that person may have before it begins.
   

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4. Be culturally aware of the differences between the languages of all speakers. Before the interpretation process begins, ask the interpreter about common religious, cultural and social class issues that may arise during the session. Many times, people from tight-knit communities may not feel comfortable speaking about issues when someone from a different social class is present. To be sure valuable information is not held back during the conversation, discuss this with the interpreter before the session begins.

During the Appointment

5. Speak at a regular pace and tone for the interpreter to accurately convey what is said. Remember to speak in your normal speaking voice and avoid changing your thoughts or the meaning of what you’re saying mid-sentence.
   

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6. Avoid industry jargon and technical terms during an appointment where an interpreter is present. Dialogue of this nature may at times be difficult for the interpreter to interpret, although the concept may be understood.
   

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7. Speak directly to the person with limited English proficiency or who is Deaf. The interpreter in the room is a medium to communicate what is said between parties. Position the interpreter between yourself and the LEP patient or client the interpreter is interpreting for. Remember that what the interpreter is saying is not his/her own words.
   

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8. Do not ask the interpreter any questions or comments directed towards the interpreter. Sign language and foreign language interpreters are trained to not answer these questions during the session. Doing so can confuse the person they are interpreting for.
   

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9. Remember that everything you say during the appointment will be interpreted. Don’t say or ask anything that you do not what the limited English proficient person to hear.
   

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10. Be conscious of body language. During the appointment, be aware of the body language you and your client or patient are using during in-person appointments. Face each other and make eye contact throughout the conversation.

After the Appointment

When the appointment is over, the interpreter typically is not involved in follow-up procedures and does not provide reporting of any kind. If you feel the appointment went well, it’s always recommended to thank the interpreter before they leave. If you particularly enjoyed the experience with a specific interpreter, it’s O.K. to request the same person again. This helps to build a relationship and trust between the interpreter and non-English speaker (s) and/or Deaf and Hard-of-Hearing individuals. However, keep in mind that requests cannot always be guaranteed. This is because language service providers schedule interpreters based on their availability, location and/or industry specialization.

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Making Connections Nationwide. For more information about scheduling an on-site business interpreter, please visit ww.interpreters.com or call 800-726-9891.

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Getting to Know the Deaf Community

When we hear and think about the Deaf com­munity, we must remember that’s exactly what it is—a community. Like any community, there are “do’s” and “don’ts” of acceptable and unacceptable behavior. There are cultural differences, customs, and interests that are common to one group of individuals versus anoth­er.  If you’ve never worked with American Sign Language (ASL) interpreters, it’s a good idea to familiarize yourself with the Deaf community. Understanding the expectations of the community and the interpreter’s duties and expectations will enhance the communication process.

Here are a few tips from our Director of Sign Language Services, Lisa Campbell to keep in mind next time you need an ASL Interpreter

DID YOU KNOW…

1. About 30% of spoken English is visible on the lips! –Many Deaf people are skilled lip readers, but most are not. This is because the speech sounds of English have identical mouth movements, making it hard to decipher what is spoken.
2. American Sign Language is not universal. Every language has its own sign language and some even have regional dialects!
3. ASL is very expressive and often misunderstood as the Deaf person yelling, but that’s not necessarily the case.

WHEN AN ASL INTERPRETER IS PRESENT…

1. Ask the Deaf person their preferred mode of communication. Don’t assume ASL or English Sign Language is the standard.
2.  Do speak directly to the Deaf person, not the interpreter. Do not yell at the Deaf person-they will not hear you!
3. Do speak at a normal pace and tone for the interpreter.
4. Interpreters typically interpret in the first person. Understand that the interpreter is voicing the words of the Deaf person and not their own.
5. Don’t address or ask questions to the interpreter while they’re interpreting. They cannot respond during the interpretation process because they are trained to remain neutral and do not interject their opinions.

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Interpreters Unlimited is a nationwide language services provider with a dedicated Sign Language Services Division, Accessible Communication for the Deaf. For more information about ASL interpretation services or to schedule an interpreter, please call 800-726-9891 or visit our ASL Division website at www.acdasl.com

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Unbeknownst to some, foreign language services play a large role in political campaigns and elections. As millions of Americans rush to the polls on Election Day, many will take advantage of mandated language services. It’s one thing to complete the grueling process of obtaining citizenship. Understanding how to vote, deciphering the forms and ballots is confusing enough for English speakers, so we can only imagine what it’s like for our limited English proficient neighbors.

According to a 2014 report, the limited English proficiency population rose by 80% between 1990 and 2010 and today, more than 25 million Americans are LEP. The Voting Rights Act requires states to provide interpretation and written translation services when five percent or more of a given population is LEP.

Such language services are from the moment an individual registers to vote, all the way up to Election Day. Translation of registration forms, brochures and ballots ensure the LEP understands the proper voting procedures, polling place information, candidate information, etc.

State Mandated Language Services for Elections

In addition to the federal Voting Rights Act, some states (and New York City) implemented regulations that are enforced alongside the national laws:

Arizona
Bilingual poll workers are recruited and trained for on-site interpretation services.

California
Translation services help the three percent or more of voting-age citizens who do not possess the skills and comprehension needed to effectively vote on their own.

Colorado
Language services (written and oral) are required when three percent or more of the population in a geographic region are LEP.

New Jersey
Document translation is required when 10 percent or more of the population of registered voters speak Spanish

New York City
This year, Mayor Bill de Blasio expanded voting access to include a variety of languages, including Russian, Urdu, Haitian Creole, French and Arabic. The new voter registration forms are now accessible for 80 percent of New York City’s LEP population.

All of these efforts play a crucial role in the country’s election process at the state, local and federal levels. Without qualified interpreters and translators, millions of Americans wouldn’t have the opportunity to properly exercise their right to vote. In 2004, it was found that these services had a direct impact on voter participation in San Diego County, California; voter registration among Filipino and Latinos increased by 20 percent and 40 percent among Vietnamese Americans.

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Campaigning

Each election, we see more concentrated efforts to mend the language barriers and boost communication during campaigns. Of course traditional methods like print media, television and radio ads, and telephone calls are essential to reach voters. However, in 2008, President Obama became the first presidential candidate to actively campaign on social media, expanding opportunities for language services. Today, social media is a top channel in driving awareness and communications to the American people by all political parties.

As diverse as the United States is, reaching all eligible voters is challenging. With the right rhetoric and strategy, candidates strive to win the votes of all eligible voters. Using localized (translated) websites, campaign managers are able to target specific regions, collect and solicit donations, send highly specialized messages and monitor approval ratings between each region.

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Sources

Cha, J., & Kennedy, L. (2014, February 18). Millions to the Polls: Language & Disability Access (Rep.). Retrieved November 07, 2016, from Demos website: http://www.demos.org/publication/millions-polls-language-disability-access

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Making Connections Nationwide. For more information about Interpreters Unlimited please call 800-726-9891 or fill out the form below.

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For more information about our interpretation, translation and transportation services call 800-726-9891 or fill out the form below.

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As the United States grows increasingly more diverse in linguistics and in culture, it is becoming more important than ever that hospitals and medical facilities provide proficient, qualified medical translation services, life science translators and hospital interpreters in order to ensure delivery of the best healthcare for patients.

Any lack in interpretation skills can mean disaster for patients – relying on non-professionals to bridge language barriers can increase the risk of wrong procedures, diagnosis misunderstandings, medication errors, readmission’s and more. According to the Agency for Healthcare Research and Quality, 9% of the population in the U.S. is at risk because of language barriers. And 9% is too many. It has been shown that the most common problems due to a lack of interpreters is a lack of informed consent and medication errors.

Friends and Family Members

What about patients’ family members and friends? Most organizations advise against using loved ones on grounds that they can unintentionally do more harm than good. For one, family members and friends may not be familiar with the medical terminology in one or both languages. Second, emotions are involved when an impartial third-party hospital interpreter is not used.

In one documented case as stated in Modern Healthcare, a clinician communicated in French to a patient who spoke only Creole. In French, “estomac” means “stomach; in Creole, the similar-sounding “lestomak” can refer to the chest. Using no interpreter or an under-qualified interpreter can lead to a procedure on the wrong organ or body part – a potentially life-threatening error might ensue.

Contracting Qualified Hospital Interpreters

Many hospitals and medical facilities contract with companies that provide life science translators and medical translation services as well as hospital interpreters. Most hospitals now have established at minimum phone-based interpretation services, and it’s common for facilities in large urban areas to have comprehensive, in-house interpretation and translation professionals available.

The availability of interpreters in medical facilities is crucial to maintain an efficient and safe operation for hospital staff and patients alike. A lack of available interpreters can mean minutes or hours of delays for staff members as they wait for a professional to arrive or as they try to find a qualified professional. Time is often of the essence in medical settings, and for the well-being of patients and staff, the Joint Commission requires hospitals to provide professional interpretation services to every patient who needs them.

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Making Connections Nationwide.  For more information about our hospital interpreters and medical translation services, please call 800-726-9891 or fill out the form below.

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