Hello. Welcome to ASL Interpreters in the Courts, part of a training series for ASL hearing and deaf interpreters working in the California courts. This module will focus on the role of an ASL interpreter in court proceedings and different court matters. Remember, ASL interpreters can be used in a wide range of court matters, from courtrooms to self-help centers, clerk's offices, and for other court services, like in mediations or court classes. ASL interpreters can also be used to interpret for all kinds of court users, including deaf, hard-of-hearing, deaf-blind, or late-deafened jurors, attorneys, and witnesses. This module will cover the essential role of an interpreter as the facilitator of communication between two parties that do not share the same language. You will learn how ASL court interpreters may provide services, including as a proceedings interpreter, a table interpreter, and as part of a team of interpreters. This module will also cover how ASL interpreters may use different modes of interpretation to provide services in the courts. You will learn about the simultaneous and consecutive modes of interpretation, as well as sight translation. This module also highlights how to interpret sensitive information, such as confidential or privileged communications. Let's get started. As discussed in the previous modules, court interpreters are central to the Judicial Council of California's mission of ensuring public trust and confidence in our justice system. And language services are critical to ensuring that all individuals can participate effectively in court proceedings, programs, and services. One important role of a court interpreter is to facilitate communication between courts and court users who are deaf or hard-of-hearing. Interpreters ensure that court users can communicate effectively with court staff, and other important players, such as judges, attorneys, witnesses, clerks, and program staff. Court interpreters also ensure that what a deaf or hard-of-hearing person is signing is communicated in spoken English for the official court record. Court interpreters must interpret everything that is communicated in spoken English. Interpreters cannot add, embellish, or omit any part of the message, even if the interpreter believes that doing so would make the communication clearer to a party. Additionally, court interpreters are officers of the court, and they are bound by a code of ethics and professional conduct. These standards, outlined in Rule 2.890 of the California Rules of Court, support court interpreters in their role and responsibilities. They also provide guidance to help ensure accurate and complete communication for those who use an interpreter. We will talk more about the code of ethics and professional conduct in another module. As previously noted, ASL interpreters may provide interpreting services in different ways. For example, in some cases, the court may use more than one interpreter. In this setup, courts may use one ASL interpreter as a proceedings interpreter, who stands or sits in clear sight lines of the deaf or hard-of-hearing party. The proceedings interpreter interprets all general court commentary, including information presented by the judge, attorneys, and witnesses. The other interpreter would then be used as a table or party interpreter. A table interpreter works with a deaf or hard-of-hearing litigant and their attorney to interpret privileged communications and to facilitate communication between the attorney and the litigant at the counsel's table. Although this interpreter is called a table interpreter because they often sit at a counsel table with the litigant and their attorney, they are there to interpret all communications between the attorney and the deaf or hard-of-hearing litigant. This means they may also interpret communications before and after a court hearing and during breaks. This work may occur in the hallway outside of the courtroom or in other areas of the courthouse. Court interpreters may also work with other interpreters as a team, which can include teams of ASL hearing interpreters and certified deaf interpreters or deaf interpreters. As a team, ASL interpreters may work together, switching off the role of the active interpreter at a specific interval of time, such as after every 20 minutes. This can help minimize mental and physical fatigue. Part of the interpreting team may also include a monitor interpreter who communicates to the interpreting team or the court if a misinterpretation occurs. The monitor interpreter may be hearing or deaf. A court monitor interpreter is responsible to the court to ensure the accuracy of the record and does not work on behalf of a particular side. Certified deaf interpreters and deaf interpreters are specialists who interpret using both ASL and other visual and tactile forms of communication that may be used by a deaf or hard-of-hearing individual. Certified deaf interpreters and deaf interpreters may work in a team with an ASL hearing interpreter to help facilitate communication between the ASL hearing interpreter and the deaf or hard-of-hearing individual. More information on team interpreting will be covered in more detail in subsequent modules. In court, interpreters often use three different modes of communication. The simultaneous mode, the consecutive mode, and sight translation. Let's look at each of these modes and when you will use them. Simultaneous interpretation is when an interpreter interprets the message from the source language to the target language in real time. In simultaneous interpretation, the interpreter begins interpreting a message while the source speaker is still communicating the message. In court, simultaneous interpretation is usually used during one-way communication. For example, an interpreter may simultaneously interpret from English into ASL when the judge is making a ruling or an attorney is giving an opening or closing statement. Simultaneous interpretation may also be used when interpreting for a deaf or hard-of-hearing juror during proceedings when the juror is listening to testimony. Consecutive interpretation is when an interpreter first listens to or watches the source communication and then, while the source speaker or signer pauses, the interpreter interprets the message into the target language. Consecutive interpretation is typically used for back-and-forth communication, like for questions and answers. In courts, consecutive interpretation may be used for witness testimony where the witness and the attorney for the witness or the witness and a judge would have back-and-forth communication. The consecutive mode may also be used for interpreting in a self-help center or during a mediation session when a litigant may actively be participating in questions and answers with court staff. When a litigant may actively be participating in questions and answers with court staff. Consecutive interpretation may also be used for communication between a deaf or hard-of-hearing party and their attorney or when a juror is participating in deliberation. Sight translation is when an interpreter reads written content and interprets for the deaf or hard-of-hearing party. This could occur in a court proceeding where an interpreter interprets a written exhibit into ASL or if a deaf or hard-of-hearing litigant needs assistance in a hearing trial. Consecutive interpretation is when an interpreter interprets for the deaf or hard-of-hearing party and interprets for the deaf or hard-of-hearing party or when a deaf or hard-of-hearing litigant needs assistance in a hearing trial. This could occur in a court proceeding where an interpreter interprets for the deaf or hard-of-hearing party or when a deaf or hard-of-hearing litigant needs assistance in a hearing trial. with the court interpreter coordinator to find out the names of each party you will be interpreting for and to confirm the spelling of their names. This will help you prepare for names that will come up during the proceeding as well as let you know if you know anyone personally and would need to let the court interpreter coordinator know of any potential conflicts of interest. You can also ask about the case type so you can prepare for unique terminology that may be used in certain matters. You may also want to know if the deaf or hard-of-hearing litigant will be represented by a lawyer or if they will be representing themselves. Many courts offer online case records which sometimes allow you to look up case information online. You should also find out in advance if you will be working as part of a team with a certified deaf interpreter or with an ASL hearing interpreter. If possible, ask the court interpreter coordinator for the name of the other interpreters you may be working with so you can communicate and coordinate with your team ahead of time. When preparing for court, you should also bring everything that you will need to work effectively. You may need a pad of paper and a pen for note-taking. You may also want to bring a standard dictionary and a legal dictionary. This will help you if you need to look up a term that you are not familiar with. The University of Northern Colorado's Project CLIMB also offers an online legal terminology dictionary that provides approximately 300 terms that are frequently used in court settings, which you can also refer to in advance of your assignment. On the day of your assignment, get to court early. Meet the deaf or hard-of-hearing litigant before the trial or hearing starts so you can make sure you can communicate effectively. If you cannot establish effective communication with the litigant, you may need to recuse yourself from the assignment. Before you begin interpreting, it is ideal to explain the role of the interpreter to the deaf or hard-of-hearing litigant. You can note that your role is to interpret everything that is communicated as it is communicated. You can explain that you are not permitted to provide any additional information, but you can interpret questions for an attorney or other court staff to answer. You can also explain that you cannot provide assistance with filling out forms or documents, but you can interpret questions to an attorney or court staff. You should provide information on your role in front of the litigant's attorney or court staff so that you can avoid any opportunities for communication beyond your role and to avoid any perceptions of bias. Having the attorney or court staff there can also be helpful so they can answer any questions that may come up. When it's time to start, position yourself in a way that ensures that the deaf or hard-of-hearing party can see you at all times. In certain settings, like in a courtroom, it may take a bit of time to adjust seating or sight lines. If you are interpreting during a trial that will have exhibits, you may request that the exhibits be positioned in a way that does not interfere with the sight line between you and the person you are interpreting for. Try to anticipate issues so they can be addressed by the court before a trial or hearing begins. If you do need to talk to the judge, sometimes called addressing the bench, be polite and respectful. Speak in the third person to help keep a clean court record of who is speaking. For example, you could say, Your Honor, the interpreter would like to request a repetition of the last statement. Thank you for taking the time to watch this module about ASL interpreters in the courts. In addition to the content covered in this module, make sure to review the resources provided in the complementary materials.

ASL interpreters

court contexts

ethical conduct

team interpreting

communication