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Best Practices

Interpreters for the Deaf and Hard of Hearing

Frequently Asked Questions

New for 2024: ACICP Credentialed Interpreter Continuing Education Requirements

Introduction

Interpreters are an important part of the judicial process in matters involving Limited English Proficient (LEP) persons. Interpreters are skilled professionals who perform a very difficult task within clearly defined parameters. Understanding how they perform their duties, what they need to perform them well, and what you can expect when working with them will enable attorneys and other legal professionals to optimize results when a client, witness, or other party to a case cannot communicate effectively in English.

First, it is important to understand that in the courts of Arizona ALL LEP defendants; victims; witnesses; next of kin; and parents, guardians, and families of juveniles are entitled to the assistance of a qualified court interpreter, free of charge, as a matter of right for all court- and court-ordered events and hearings. Court interpreters may also be afforded to assist with out-of-court contacts, interviews, and meetings between attorneys (defense, plaintiff, or prosecution) and LEP parties in interest. Contact the court in which the action is pending to verify details on how to schedule an interpreter for specific events, particularly out-of-court contacts, if you court has a program in place to offer out-of-court assistance.

Best Practices

General

Use a qualified interpreter rather than friends, relatives, or office staff.
Allow the interpreter to become familiar with the case by providing materials such as:
      Names and nicknames;
      Numbers such as dates, amounts, accounts, addresses, etc.;
      Copies of the complaint, indictment, answer, etc., and any prior testimony;
      Areas of specialized terminology;
      Copies of police reports (departmental reports);
      Copies of expert reports, summaries, and CV’s; and
      Copies of exhibits that will be shown or referred to in court.
Whenever possible, use the same interpreter that will be in court for trial preparations.
Allow the interpreter to stand or sit where he/she will be able to see, hear, and be heard without difficulty. The interpreter should have a clear view of the entire courtroom and the parties, as well as have room available for his/her equipment and materials.
Remind all parties of the role of the interpreter:
      The interpreter will interpret everything that is said;
      The interpreter will not give advice or make explanations; and
      The interpreter will offer no services other than interpreting.
Remind all parties to speak loudly, clearly, and at a rate that allows the interpreter to keep pace.
Remind all parties to speak one at a time.
Plan questions carefully to avoid confusion and misunderstanding. Avoid double negatives and long or compound questions. Clarify words such as “you” which can refer to one or several people.
Prepare translations intended to be entered into evidence ahead of time. Avoid putting the interpreter on the spot with sight translations. Should a sight translation be necessary, allow the interpreter time to prepare the document.
Avoid asking an interpreter to perform a spontaneous interpretation of recorded media being introduced into evidence. Instead, submit these items for an official transcription and translation well in advance of the hearing they will be needed for.

In Court and for Interpreted Witness Testimony

For witness testimony, the interpreter should use the Consecutive mode of interpreting. In this mode the interpreter will hear the entire question before interpreting it to the witness. The interpreter will then wait for the complete answer before rendering the answer into English for the record.
     Speak directly to the witness and not to the interpreter. Do not use phrases such as “Ask him…”, “Tell him…”, “Show him…”, etc. The interpreter is ethically obligated to interpret everything and will interpret the equivalent of these phrases into the target language. Just speak directly to the witness as if he/she spoke English.
      Do not interrupt and do not use the moments of silence the interpreter takes to formulate renditions to and from English as an opportunity to polish or rephrase a question already asked of the witness.
      Even if an attorney speaks a second language, neither the witness nor the interpreter should be interrupted. The court, the parties, opposing counsel, the reporter, courtroom staff, and the jury all need to be able to understand what is being said.
      The witness should be instructed to wait for the full question to be interpreted prior to answering, even if the witness understands some English. The interpreter is ethically obligated to interpret everything and must be permitted to comply with his/her duties.
      The witness should be instructed to answer questions only in the interpreted language, not in English, even if the witness understands some English. When an interpreter is appointed to assist a witness, the court record reflects that the witness’s testimony is being offered through the interpreter. The witness should, therefore, answer only in his/her native language. Should it become apparent that the interpreter’s services are not truly needed, the interpreter may be excused.
      Just as the attorneys should speak directly to the witness or their client, instruct the witness to speak directly to the jury, judge, or attorney as if they spoke the same language.
      Ask shorter questions and elicit shorter answers. The longer the question or answer, the higher the probability that the interpreter will have difficulty recalling all the details. An experienced interpreter will pause the speaker and/or ask for clarification to ensure that no details are lost.
Interpreters do not clarify non-verbal responses nor do they mimic gestures. Attorneys should state for the record what a witness has indicated.
Speak loudly, clearly and at a pace that the interpreter can follow.
Speak in logical, meaningful phrases; do not pause at illogical places and expect the interpreter to be able to make sense of what is being said.
Do not permit more than one person to speak at a time. Interpreters can interpret only one voice at a time. Avoid interrupting and talking over other participants.
An interpreter may need to give a signal for a speaker to pause or to slow down in order to keep pace and avoid missing details. Attempt to work out with the interpreter how this will be done prior to the start of the proceeding.
Give frequent breaks. The mental tasks involved in interpreting are complex and the work is tiring. Accuracy declines dramatically after only 20 or 30 minutes of continuous interpreting. The interpreter may not be aware that fatigue has set in and is affecting the interpretation. Consider team interpreting as an option.
Be patient. Translating thoughts, ideas, and meaning is a complex task. Interpreters are not just substituting one language’s words for another’s.
If you notice or suspect a mistake, or believe there has been a misunderstanding or miscommunication, do not openly challenge the interpreter. It is best to immediately follow up with a clarifying or rephrased question.

Interpreters for the Deaf and Hard-of-Hearing

The deaf and hard-of-hearing are entitled to interpreter services by law. However, not all deaf and hard-of-hearing persons are conversant in American Sign Language (ASL). In addition, Sign language is not universal; there are many variants of it throughout the world. Therefore, it is important to determine the specific needs of the deaf or hard-of-hearing party as to the type of interpreter needed. Some common types of interpreters for the deaf and hard-of-hearing are:

ASL interpreter – An interpreter versant in standardized American Sign Language and, typically, English.
Certified Deaf Interpreter – An interpreter versant in standardized American Sign Language and non-standard sign languages.
CART Interpreter – CART stands for Communication Access Real-time Translation. It may also be referred to as real-time captioning. It is used by hard-of-hearing and deaf people who use English as their first language and/or their language of instruction. A captioner uses special equipment to display what is being said, word for word.

Sign Language interpreters are not credentialed by the Arizona Court Interpreter Credentialing Program. Instead, they are licensed through the Arizona Commission for the Deaf and Hard of Hearing, as provided in A.R.S. § 36-1946 and A.R.S. § 12-242. To work in court, interpreters for the deaf and hard-of-hearing must hold a Legal licensure.

Frequently Asked Questions



What is the Role of the Court Interpreter? Who Qualifies as an Interpreter? How do I request an interpreter from the court? Can the court provide me an attorney for out-of-court events? (i.e. arbitration, settlement conferences, pretrial conferences, etc.) What can I expect of a Court Interpreter? What authorities guide the use of interpreters in the courts? How do I identify what language an LEP person speaks? Can the Arizona Court Interpreter Program help me find an interpreter for my out-of-court event? Does the interpreter need to be sworn in?