Welcome to the module on Interpreting for Jurors. This module is part of a training series for ASL hearing and Deaf interpreters working in the California courts. This module is all about how to successfully interpret for a juror. You will learn about the jury selection process, how to interpret for jurors, and how to prepare for a case. This module also covers key terms that you should know and provides tips to support you as you work in this important environment. Interpreting for Jurors is a unique and significant assignment, and this module will help you get ready. A jury is a group of people who decide the outcome of a court case using information presented at the trial. Juries play a vital role in our justice system. The jury has the power to make the final decision in a case. Jurors must decide court cases based only on the evidence presented at the trial and the law. Jurors cannot consider any other evidence or information that they know from any other source. Jurors must promise to follow the judge's instructions about the law and use their own reasoning and common sense to deliver it with fellow jurors. For this reason, it is essential that jurors can understand testimony, exhibits, and instructions presented by court personnel, and how to communicate with other jurors when the time comes to decide a case. If a juror is deaf or hard of hearing, an interpreter can help by interpreting the proceedings and court communications so the juror may fully participate in the process. A disability by itself is not grounds to disqualify a juror from service. California law makes clear that individuals with vision impairment or hearing loss can participate as jurors. Rule 1.100 of the California Rules of Court states, it is the policy of the courts of this state to ensure that persons with disabilities have equal and full access to the judicial system. Under Rule 1.100, a person who has a physical or mental impairment that limits one or more major life activities, has a record of such impairment, or is regarded as having such impairment, may request an accommodation so they may participate. An accommodation may include assistance by readers, interpreters, and other available technology in all areas of the court, from the jury assembly area to the courtroom, and everywhere in between. This means that you may be assigned to serve as a juror-interpreter at some point in your work interpreting in the California courts. If you do have a jury assignment, remember to do your homework before your assignment. Before you report to court, you may request information about the nature of the case and the names of the people involved. The jury trial has three elements that you should know. First is jury selection, then the trial, and finally jury deliberations. Let's take a closer look at each step. We will start by looking at the jury selection process. Before a jury is picked, a larger group called the jury pool is assembled. In this pool, the judge works with lawyers from each side to arrange a smaller group who will decide the case. Jury pools are made up of a cross-section of society. All prospective jurors participate in the jury selection process. Jury selection begins when a judge requests a panel of prospective jurors from the jury assembly room. When you first meet the deaf or hard-of-hearing person that you will interpret for, have a brief conversation to assess the language foundation so you can determine how to best interpret. During this interaction, you may tell the prospective juror about the role and function of a court interpreter, including information about interpreter neutrality. You may also let the prospective juror know that you are there only to interpret and may not discuss the case with them. The judge will give all prospective jurors the perjury admonishment. The perjury admonishment is a state that outlines the duties of prospective jurors and what they must do or not do. All potential jurors must agree to the same statement. You should read the jury admonishment before your assignment so you can interpret it quickly and without hesitation. Next, the judge and the attorneys ask prospective jurors questions to determine if they are free of bias, which is sometimes called prejudice, or if there is another reason why they cannot be fair and impartial. This questioning process is called voir dire. Prospective jurors may be asked many questions, however, the ADA prohibits direct questioning about an individual's disability during the process. Judges should focus questions only on the skills required to adequately perform the duties of a juror. For example, the judge may ask if the prospective juror can weigh evidence or deliberate. The judge may ask if the juror can understand the interpreter that has been provided. The judge may also ask if the juror has any needs or suggestions that would ensure successful communication in the courtroom. During the questioning of a deaf or hard-of-hearing juror, ASL interpreters typically use consecutive interpretations since the format is a question-and-answer. Simultaneous interpretation may be used if the judge or other court staff give general instructions to the entire panel of prospective jurors. Likewise, if the interpreter needs to communicate what is being said between another prospective juror and the judge or an attorney, the interpreter will use simultaneous interpretation. The voir dire process continues until 12 people are selected as jurors for the trial. Sometimes more jurors are selected as alternates. After the jury is picked, they must take an oath. Brief the oath before your assignment so you are familiar with it. Note that the jury trial may last for one or more long days. For this reason, the court may assign a team of ASL interpreters to switch off after regular intervals of time. Deliberations occur after a trial, when the jury meets as a group to discuss the evidence, testimony, and law presented at the trial. After they talk, they try to reach an unanimous decision, called a verdict. Deliberations are fast-paced, a board meeting style where speakers often overlap. After jury selection, the trial will begin. Trials follow basic process. First, there are opening statements. Then, both sides may present evidence through witness testimony and exhibits. Lastly, both parties may make closing statements. Before the trial begins, the judge may administer an extended oath to the interpreter. The oath reminds the interpreter to only facilitate communication, not to participate in jury deliberations in any way, and not to speak to the deaf or hard of hearing juror directly at any time. Interpreters must abide by the Code of Professional Conduct, approved by the Supreme Court, and the Code of Ethics, promulgated by the Registry of Interpreters for the Deaf, Inc. The Professional Association of ASL Interpreters. Among other things, these codes require the interpreter to interpret everything accurately without adding or changing anything or leaving anything out. Interpreters must keep all jury conversations and deliberations confidential and be unbiased and free of conflict of interest. The judge may offer information to the other jurors to make sure everyone understands the role of the interpreter. The judge may remind jurors that even if they understand ASL, they must base their decision on the evidence presented in English, not ASL. Parties and jurors are not to talk to or try to involve the interpreter in conversation or discussion. Interpreters are not allowed to participate in conversation or in deliberations. After the verdict, the judge will release the jurors from their admonishment. However, the interpreter is still bound by confidentiality and should not discuss the deliberations. The judge may provide information about how the interpreter works to enable the deaf and hard-of-hearing juror to participate fully as a juror by giving them full access to everything being said. If the team interpreting is used, the judge may explain that two interpreters will switch between the primary and supporting interpreter periodically. The judge may ask other jurors not to be distracted by the interpretation. ASL requires certain behaviors that may be misunderstood by non-ASL speaking people. Examples include facial expressions, hand gestures, body language, head nodding, shaking, delayed responses, and note-taking. The National Center for State Courts Model Code of Professional Responsibility for Interpreters notes that sign language interpreters employ all of the visual cues that the language they are interpreting for requires, including facial expressions, body language, and hand gestures. Sign language interpreters therefore should ensure that court participants do not confuse these essential elements of the interpreted language with inappropriate interpreter conduct. With proper information, the novelty of having an ASL interpreter at a trial will subside. During the trial, ASL interpreters will primarily use the simultaneous mode of interpretation. You will be conveying what each speaker is saying as they are speaking. Jurors are triers of fact. This means that jurors decides what happened in a case. To successfully fulfill this role, jurors must be able to assess the credibility of witness testimony and the evidence provided. Interpreters must interpret in a way that allows deaf jurors to assess credibility, including the tone and affect of a witness. Remember to work with the judge and court staff before the trial begins to make sure you are in a good location. If possible, enter the courtroom before the jury pool is admitted to introduce yourself to the court staff. If possible, enter the courtroom before the jury pool is admitted to introduce yourself to the court staff. And work with the bailiff for appropriate seating options for the deaf potential juror. Be sure that the deaf or hard of hearing individual can always see you and any exhibits presented by either party. It is best to position yourself in a way that allows the deaf or hard of hearing juror to see you and any witness who is called to testify. Interpreters should allow time for a deaf juror to watch the witness to assess body language. The deliberations occur after trial, when the jury meets as a group to discuss the evidence, testimony, and law presented at the trial. After they talk, they try to reach a decision called a verdict. Deliberations are fast-paced and speakers often overlap. The jury will move to the jury room for deliberations. The first thing that a jury does is select a presiding juror. A presiding juror's duty is to make sure that the discussion happens in a free and orderly manner. That every juror is given a chance to participate and that the issues are fully and freely discussed. Before the jury exits the courtroom, the judge may remind jurors to speak one at a time during deliberations so that interpreters can interpret accurately. The judge may give the presiding juror the responsibility of ensuring that the deaf or hard of hearing juror can fully participate in deliberations with the help of the interpreter team. Jury deliberations include a lot of back and forth communication. During deliberations, the ASL interpreting team will use both simultaneous and consecutive modes of interpretation. Simultaneous can be used to communicate the flow of conversation. The consecutive mode should be used when the deaf or hard of hearing party is communicating directly with other jurors in a question and answer format. Here are a few other things to think about before you interpret for a deaf or hard of hearing juror. First, do not interpret sidebars. Sometimes, you may be able to overhear the sidebar because of where you are standing in the room. If the sidebar is loud enough for other jurors to hear, you may have an ethical dilemma. How do you balance the court rules about not interpreting sidebars but also honor that other jurors are privy to information even if they should not be? If you do not interpret the sidebar, the deaf juror will be excluded. Think through this challenging scenario and decide how you will address it before your assignment. Second, remember that case preparation is key. Preview the jury's service information prior to juror orientation if possible. Once the juror is assigned to a panel, gather as much information as you can about the case. Find out what type of case, witness names and spellings, and exhibits. Remember, you can ask the court clerk or bailiff for these details. Third, check your glossary for unique legal terms that you should know how to interpret. Study your own glossary and the jury service glossary, which contains common terms that are used in jury trials. Think through how you will sign each term. Fourth, research standard language that you are likely to encounter in a jury trial. This includes jury instructions, oaths, admonishments, and key legal terms that come up routinely. Examples include beyond and reasonable doubt and preponderance of the evidence. Legal terms which come up often during jury selections and jury trials. You can find common terms like these on the court's website. The oath and perjury admonishment can also be found online. Fifth, get to court early on the trial date. Plan how you will position yourself so that the juror will have clear sight lines to you and other key players. As well as clear sight lines to witnesses and exhibits. This may require contacting the court interpreter coordinator for access to the courtroom before the jury is allowed in to set up appropriate seating for the interpreter team and the deaf juror. Sixth, meet the deaf or hard of hearing juror in advance so you can explain your role and establish that you have effective communication before the court proceedings begin. Lastly, meet your ASL team members and make plans for effective team interpreting. See the module on team interpreting for more information. Thank you for taking the time to watch this module on interpreting for jurors. In addition to the content covered in this module, make sure to review the resources provided in the complementary materials. Thank you.

ASL interpreters

California courts

jury selection

legal terminology

interpreter ethics

jury duty accommodations