Recently, I found myself stuck in a courtroom waiting on a judge’s signature in the midst of a trial. During said trial, a witness required a court interpreter in order to give his testimony. The interpreter’s role was to relay questions being asked of the witness (in his primary language) as well as the witness’ responses to these questions to the courtroom (in English). The interpreter also relayed translation of discussions that occurred between the opposing party and the judge. As an observer who didn’t speak the primary language of the witness, I found myself engrossed by the interactions between interpreter and witness. How do we know what that the witness is understanding the questions or that they are being interpreted correctly if no one else here speaks that language? Why did the interpreter and witness just have a back and forth exchange when no one was talking to them? Are they talking about me sitting in the back of the courtroom?

It’s a fascinating thing, watching a court interpreter at work. To me, its mind boggling how fast their brains must take in information in one language, translate and then spit it out in a completely different one.  Sometimes the translations seem be happening simultaneously as the words are flowing from the person who is speaking, as if the interpreter is a mind reader!  As fascinated  and impressed as I am with an interpreter’s skill set, I also can not help but feel concerned with the whole process.  How can the witness focus with two people speaking at the same time? How can they completely tune out the English if its their secondary language? Do they trust the interpreter’s translation?

As it turns out, my concerns are not necessarily unfounded. Well, all my concerns except the one about the witness mocking me to the interpreter… I think.   According to a report written in 2011 by the Immigration Court Observation Project, (ICOP) interpretation in immigration courts was determined to be real issue. Interpretations services in many ways appeared to be inadequate.  For example, only statements made to or from the respondent are translated for them causing confusion about what is occurring in the proceedings. It was observed in a number of cases that translation  did not always occur in the proper dialect or, even more disturbing, proper language for the respondent to understand. Despite court interpreters being held to a professional standard of conduct, many appeared to disavow this code.  These issues are not unique to immigration court. At one seminar I attended for work, a domestic violence survivor advocate spoke about these issues plaguing survivors’ experiences in family or matrimonial court as well. In addition, she created awareness that in smaller communities there is an increased probability of the survivor knowing her interpreter. This could cause the survivor to feel intimidated or embarrassed during their testimony which could, in turn, affect its quality.

In thinking about this issue, I wondered how, as a social worker, I could assist clients for whom English is not their primary language when they must make a court appearance. It seems to me, the best course of action would be to prepare our clients prior to their court date, empowering them with knowledge. Our clients should know they are entitled to a court interpreter in their primary language even if they also speak English. They  have a right to a proper translation of their court proceeding. They must be encouraged to raise any concerns about interpretations or the person carrying out the interpretation with their lawyers or, if they are not represented, with the judge.

Another way for social workers to get involved with this issue is through advocacy. Barrier Free Living is working to ensure that domestic violence survivors with hearing impairments are provided with adequate American Sign Language interpreters.  The New York Immigration Coalition  works for justice for immigrants. The Vera Institute of Justice strives to increase fairness in the justice system in numerous ways, this could become one.

Any thoughts?