Hello. Welcome to the overview of the Professional Standards and Ethics for California Court Interpreters, part of a training series for ASL, hearing, and deaf interpreters working in the California courts. This module is divided into two parts. In the first part, you will learn more about the ethical considerations for ASL interpreters when working in court, including an overview of the Professional Standards and Ethics for California Court Interpreters, as well as the Code of Professional Conduct from the National Association of the Deaf, or NAD, and the Registry of Interpreters for the Deaf, or RID. Specifically, this overview will include information on the importance of accuracy in court interpretation, potential or real conflicts of interest, confidentiality, and professionalism and duty to the profession. In the second part of this module, we'll cover tips and strategies for handling challenging ethical situations that may come up when interpreting in different court settings. First, though, let's take a moment to review the Professional Standards and Ethics for California Court Interpreters, then we'll go over the specific ethical considerations outlined in this manual. Regardless of where you are working in the courts, court interpreters are expected to follow ethical codes and standards of professional conduct. The goal of these standards is to help ensure the accuracy of interpretations. All court interpreters who work in the California courts must follow these standards, which are laid out in the manual Professional Standards and Ethics for California Court Interpreters. According to these guidelines, the more prepared and informed you are about the professional practices and purpose of established norms and principles, the more you, together with all the officers of the court, will be able to further the interests of justice. The information provided in this manual is intended to inform interpreters of the professional and ethical responsibilities required while working in the courts. Let's take a closer look at what these responsibilities include. Although not exhaustive, the following is an overview of the ethical canons presented in the Professional Standards and Ethics for California Court Interpreters. As outlined in the Professional Standards and Ethics for California Court Interpreters, a court interpreter must swear to well and truly interpret each legal proceeding. As stated in the California Rules of Court, an interpreter must use his or her best skills and judgment to interpret accurately without embellishing, omitting, or editing. When interpreting for a party, the interpreter must interpret everything that is said during the entire proceedings. When interpreting for a witness, the interpreter must interpret everything that is said during the witness's testimony. The purpose of this oath is to help ensure that interpreters serve in their role as intended, to place those needing an interpreter, including deaf or hard-of-hearing individuals, on equal footing with the court, and to ensure the official record of the proceedings in English reflect exactly what was communicated by the individual needing an interpreter. While adhering to standards of accuracy, the ASL interpreter is reminded that this does not preclude them from dropping English form and interpreting for meaning. The California Evidence Code 754B states, The proceeding shall be interpreted in a language that the individual who is deaf or hard-of-hearing understands by a qualified interpreter appointed by the court or other appointing authority or as agreed upon. With this in mind, the interpreter is expected to use appropriate ASL linguistic structures, such as using topic-comment structures, role-shifting, and time-referencing as needed to ensure accuracy. In making sure that the original message being interpreted stays the same, interpreters must avoid making any additions to the original message. This includes any embellishments or clarifications, even if you think it will make the message clearer for the individual needing your interpretation. Let's look at these in a bit more detail. The decisions an interpreter makes can have a huge impact on court proceedings. Interpreters must be able to preserve the original message they interpret without adding to or trying to clarify the meaning of the information relayed. It is extremely important to choose language that will mirror the speaker's linguistic style. This means you should not add or change the language the speaker uses to make that person appear more polite or clearer. Similarly, interpreters should also be careful not to add filler words, such as um, uh, well, or er, to an interpretation if they weren't included in the original message or source language. These types of words can indicate reluctance or hesitancy on the part of the Deaf or hard-of-hearing individual and change the way their testimony is perceived in the court. The same can be said for qualifying phrases, such as I think, probably, mostly, etc. Interpreters should also avoid trying to fill in information or clarify information conveyed in the original message interpreted. Instead, their focus should be on preserving the meaning of the original message and transmitting that information through the interpretation. Examples of clarification can include adding information to the original message, like interpreting yes as yes I did, providing two interpretations of a word instead of one, like interpreting eyeglasses as eyeglasses or spectacles, and converting monetary units and units of measurement. Instead, you should use the unit of measurement or currency used by the Deaf or hard-of-hearing person. Part of your role as an interpreter is to remain as unobtrusive as possible. But in certain scenarios, it might be necessary to stop court proceedings to ensure proper communication and accurate court records. While you should not try to step outside of your role as a court interpreter, if you feel your expertise in ASL or your ability to properly communicate something being signed may result in an error, then it is better to let the court know. The role of the interpreter is also not to determine which portions of the source language or court proceedings to interpret, but to interpret everything that is said in the source message into the target language. Let's go over some specific areas tied to the use of omissions. You might feel inclined to clean up certain statements or make them sound better than the original message. However, as mentioned previously, your responsibility as an interpreter is to interpret everything that is said exactly as communicated in the original language. Sometimes those you are interpreting for, or even court staff, may often start their statements with third-person references, like, tell him that, and ask her if, instead of using the first person to directly communicate to the person being interpreted for. When this occurs, interpret these phrases exactly as they're said and wait for a judge to let the person know the proper court procedure. If for some reason the judge does not do this, then you can respectfully ask the judge for help. If a person repeats a certain word several times in the source language, you should include these repetitions in your interpretation. For example, if a person says, I, I, I didn't see it, you should interpret the phrase exactly as it's said, taking care to include each instance of the word I. Sometimes attorneys use words or phrases that interpreters might think are not necessary to include in their interpretation. However, the language attorneys use can carry different shades of meaning for legal reasons and should always be included exactly as originally stated. However, it is important to note that interpreters also interpret for meaning, and occasionally you may have to interpret a legal doublet, such as null and void, and you can do so by using one sign. As one might expect with any spoken language, particularly in settings where a speaker might be nervous or under pressure, errors can occur. If an attorney or witness self-corrects or amends or changes a particular statement, include the self-correction in your interpretation. Similarly, never correct any errors made by a speaker, even if the error might seem to reflect on your ability as an interpreter. However, if you commit an error while interpreting, you can correct your mistake by asking for an interpreter correction so that the court record reflects that it was an interpretation mistake. It is especially important that false starts be interpreted because the hearing audience may not be aware of such false starts otherwise. It is also important to interpret false starts when working consecutively. Interpreters should not alter the delivery of the message and should have a way of noting the false start so as to include it in the interpretation. Earlier, we discussed the temptation to add certain filler words like um, uh, well, or er to your interpretation when they are not part of the original message. However, if these types of words or phrases are used during a court proceeding, you should always include them in your interpretation, exactly as they are said. Everything that is said during a legal proceeding is important and may help a judge and or jury establish the credibility of a witness. As we outlined in a previous module, it is necessary for an interpreter to have the opportunity to communicate with the person they are interpreting for before a proceeding. This gives you a chance to review standard court interpreting procedures with that person. You can explain your job as an interpreter is to interpret everything that is communicated exactly as it is communicated, including any repetitions, course language, etc. Also that the interpreter will be working in a consecutive mode if this is for a witness. This would also be a good time to remind the individual you are interpreting for that they should communicate in the first person during court proceedings. Now that we've reviewed some of the different elements tied to additions and omissions when interpreting, let's discuss several other important factors to consider when providing a complete and accurate interpretation. Interpreters should always keep in mind that the meaning of a word or phrase can easily change depending on the context in which those words or phrases are used. Context can change for linguistic reasons, such as to read someone their rights, versus to read a book, as well as cultural reasons, as in the boot of a car, versus I'm wearing my boots to dinner. Interpreters should always use the same level of language or maintain the register of the original message when interpreting. You should not elevate the level of someone's language to make them appear more sophisticated or bring the level of someone's language down to make them understood more clearly. It is not your responsibility to evaluate and give an opinion on the witness's ability to understand. Therefore, you should maintain the register of the message being interpreted even if it appears that the deaf or hard of hearing court user doesn't understand. It would be up to the court user to ask questions that you could then interpret for the court to answer. However, it is important to note that maintaining register in ASL does not mean keeping English form or vocabulary choices. The interpreter should use appropriate register markers in ASL that are equivalent to the English register markers. We know that language is extremely nuanced and that idiomatic expressions, proverbs, and figurative language are common challenges while interpreting. It is important to render all of these types of speech using the appropriate equivalent in the target language. If you're ever unclear as to how to interpret a figure of speech, you may need to inform the court that you need to check your dictionary or confer with another colleague. If a court user chooses to use foul language, including curse words, you shouldn't clean up or sanitize the language being used. While interpreting expletives and curse words can be difficult for varying reasons, do your best to convey the closest equivalent to the expletive used in the original message to the target audience. Court proceedings can naturally produce an array of emotions from court users as well as officers of the court. People may use non-linguistic forms of expression, such as facial expressions, posture, tone of voice, etc. Interpreters should do their best to convey these expressions while not appearing overly dramatic or drawing undue attention to themselves. However, it is important for interpreters for deaf participants to ensure that their interpretation includes the voice, tone, and emotions of the speaker. The rendition in English should convey the equivalent emotional tone of the ASL utterance without making a mockery of the speaker. Occasionally, the tone of the speaker may be explicitly told to the deaf person by signing something like, the speaker sounds angry, or the speaker sounds kind. Environmental cues can also be rendered in the message. A sobbing person, or an angry pounding on the lectern, may be visually missed by a deaf person looking at the interpreter, and the interpreter may need to inform the deaf person of those sounds. Similarly, interpreters should strive to appear emotionally neutral during court proceedings. Sometimes difficult subject matter is presented in legal settings, such as when working with crime scene photographs. Interpreters in these settings should attempt to psychologically prepare for such environments so they are ideally not caught off guard when potentially disturbing material is presented in a case. If a court participant uses a meaningful gesture, the interpreter should convey the gesture and the meaning in the interpretation. If the gesture was not seen by the interpreter, the interpreter may need to ask for the gesture to be repeated or described. However, you should refrain from including your own involuntary gestures, like eye rolling, shoulder shrugging, etc., when interpreting, and maintain a professional attitude at all times. When the meaning of a word or phrase is unclear to an interpreter, they should ask for clarification or more information in order to provide an accurate interpretation. However, sometimes attorneys ask intentionally ambiguous questions in order to confuse a witness. In these instances, the interpreter may seek clarifications by asking to approach the bench and informing the judge that the question is ambiguous and ask for direction. It is key for interpreters to recognize intentional ambiguity and maintain the message as intended. Attorneys may also use double negatives when questioning witnesses. ASL's sentence structure does not use double negatives in the same manner and the question should be interpreted for meaning. If you're ever in doubt as to which word or phrase to use when interpreting, ask for clarification from the person you are interpreting for and let the court know that you are doing so by addressing the court first and saying the interpreter needs clarification, then asking for clarification when the court acknowledges the request. You can also request to have information presented in court read back or repeated if you didn't understand it initially, forgot part of what was said, or couldn't hear properly. This way, it will be documented on the court record. As previously discussed, if you commit an error while interpreting, you can correct your mistake by asking for an interpreter correction. Conversely, never correct any errors made by a speaker, even if the error might seem to reflect on your ability as an interpreter or make you sound incoherent. Occasionally you may hear an interpreter colleague make a serious mistake. If the mistake goes unnoticed, you should attempt to correct the mistake as considerably and discreetly as possible. Similarly, you may be challenged or called out for making a mistake while interpreting. Try to respond to these challenges with professionalism and the understanding that they are part of the normal course of events in a courtroom. Finally, sometimes the person you are interpreting for may provide a non-responsive answer to questions asked. Report the response exactly as communicated and leave it up to the attorney to make the appropriate motion or request for clarification. When a deaf participant indicates an affirmative by a head movement but does not use the manual sign for yes, an interpreter may use an English interpretation such as uh-huh and allow the attorney or judge to ask for clarification. In any high-stakes profession, conflicts of interest may arise. Conflicts of interest occur when an interpreter's private interests—including personal, financial, or professional interests—conflict with their professional responsibilities. The Professional Standards and Ethics for California Court Interpreters states the following regarding impartiality and avoidance of conflicts of interest. An interpreter must be impartial and unbiased and must refrain from conduct that may give an appearance of bias. An interpreter must disclose to the judge and to all parties any actual or apparent conflict of interest. Any condition that interferes with the objectivity of an interpreter is a conflict of interest. A conflict of interest may exist if the interpreter is acquainted with or related to any witness or party to the action or if the interpreter has an interest in the outcome of the case. An interpreter must not engage in conduct creating the appearance of bias, prejudice, or partiality. An interpreter must not make statements to any person about the merits of the case and until the litigation has concluded. Notify the court if you have any prior relationship to a court user, even if it is a distant one. Let the court decide if there is a conflict of interest. Likewise, if during the course of an assignment you suddenly realize that a conflict of interest might exist, you should immediately let the court know and let the court decide whether or not you should be replaced. Now let's go over a few more do's and don'ts for maintaining impartiality and remaining unbiased as a court interpreter. Avoid any real or perceived conflicts of interest. This means that you should avoid any behavior that might contribute to the perception of bias, for example commenting on a case or giving advice to a litigant. Avoid conversations with any parties involved in a case. This can be challenging when you are the only other person the Deaf or Hard of Hearing Party can communicate with in the court. Here are a few strategies that you may find helpful for dealing with this issue. First, when you initially introduce yourself to the Deaf or Hard of Hearing Party, explain that you are required to interpret everything that is said or signed and any concerns should be addressed directly to the attorney. Second, if there is a pause in the proceedings, put distance between yourself and the party or look away from the party you are interpreting for so that they do not have the opportunity to communicate with you outside of your interpreter duties. Finally, don't let a deaf or hard-of-hearing party communicate any aspects of their case to you. If you need to familiarize yourself with a case prior to or during the course of an assignment, ask the interpreter coordinator for more information or consult available documents or paperwork. Notify the court of any prior involvement in a case, even for instances when you may have interpreted for the other side at any point in the past. Never accept gifts or gratuities, including any favors or discounted prices. This includes any gifts or gratuities from family members of the person you are interpreting for. If you are offered a gift or gratuity, politely decline it and explain that you are a professional who is being paid for your services by the court or party who hired you. Maintain a neutral and professional demeanor. It is not within your role as a court interpreter to explain or provide information to anyone or make value judgments of the deaf or hard-of-hearing party. Instead, you should leave this to the attorneys and judge assigned to a proceeding. Avoid sharing personal opinions with anyone, court staff, other interpreters, parties to the case or family members of the party. You should also never make any statements to the news media or the public regarding the case you have been assigned. Always strive for professionalism while politely declining to discuss any aspects of the case. Now let's turn to another ethical requirement for court interpreters, maintaining confidentiality. When an interpreter works in the court, they will be privy to many private conversations. Some communications are privileged. Privileged communications are conversations between two parties that are private or protected by law from disclosure. One example of privileged communication is communication that takes place between an attorney and their client. Bound by the ethical canons and professional standards, court interpreters cannot share privileged communications at any time. This would include sharing information with other court staff or other interpreters. As the professional standards and ethics for California court interpreters states, an interpreter must not disclose any privileged communications between a counsel and client to any person. And as the RID Code of Professional Conduct states, information disclosed during the course of court proceedings should never be shared with anyone outside of those proceedings. Interpreters hold a position of trust in their role as linguistic and cultural facilitators of communication. Confidentiality is essential to protecting the rights of anyone you interpret for. This includes not just attorneys and their clients, but also prosecutors and witnesses. Even stricter confidentiality applies to information interpreted during certain event types that are closed to the public, such as in-camera hearings, grand jury proceedings, and juvenile proceedings. In particular, juvenile proceedings should be given careful attention since they have a separate, enhanced set of confidentiality requirements. Even in certain cases where the proceedings are open to the public, such as when a minor is charged as an adult, interpreters should remain strict confidentiality due to the sensitive nature of the case types. As an interpreter, you may also be exposed to evidentiary materials. Never disclose the contents of these materials or discuss them with anyone else. They may not have been filed or made public yet and could end up being used as evidence in court. In addition to the elements we've just reviewed, let's examine several other professional conduct considerations for court interpreters. First, avoid giving legal advice or answering questions posed by the deaf or hard-of-hearing party. There may be times when you could give basic information, such as where to go in the courthouse. But even this is better done in front of an attorney or judge so that you avoid getting into any private conversations with the party that you are interpreting for. Second, avoid providing information or engaging with family or other parties to the case. It is best to refer them to the counsel for information. Next, maintain professional detachment. While it is good to establish rapport with the person you are interpreting for, you are an officer of the court and must avoid any perceptions of bias. Finally, be aware of times when you might need to recuse yourself. For example, there may be times when you cannot establish effective communication with the deaf or hard-of-hearing party. In these instances, you should let the court know and let them decide how to proceed. Discontinue the interpreting assignment if conditions are not conducive to interpreting. Note that you should maintain your role and professional responsibilities even when working with self-represented litigants. In these scenarios, the deaf or hard-of-hearing party may not have any other person present who can communicate in the same language. And without an attorney present, it can be easy to be drawn into conversation or questions about a case, including providing clarifying information or repeating information that was presented in a court proceeding. When this occurs, it is best to avoid engaging in any side conversations. You can refer the party to the self-help center or clerk's counter for information and interpret the questions and answers, if you are able, but you should avoid providing direct information on your own. As stated in RID's Code of Professional Conduct, interpreting is a high-stakes profession that relies on your ability to retain and deliver accurate information. Consequently, interpreters are expected to stay abreast of evolving language use and trends in the profession of interpreting, as well as in the American deaf community. There are many strategies for helping an interpreter meet the demands of the profession. One of these strategies is to stay up-to-date with your continuing education requirements. This will help you stay abreast of any changes in the field or new information. You can also familiarize yourself with a case beforehand, ask the appropriate parties for basic information, and review any available documents. You may also be able to work with a case attorney or other court personnel to anticipate any specialized terminology before a proceeding begins. It is also helpful to know how to interpret standard jury instructions and understand the concepts behind them. Ask the court for your own copy of the final instructions before they are read to the jury. Another strategy is to engage in professional associations. These associations allow you to form professional relationships with your colleagues and give you the opportunity to participate in educational workshops and programs. According to RID's Code of Professional Conduct, Tenet 5.0, interpreters are expected to collaborate with colleagues to foster the delivery of interpreting services. Thank you for taking the time to watch this module about professional standards and ethics for California court interpreters. In addition to the content covered in this module, make sure to review the resources provided in the complimentary materials. Thank you.

Professional Standards

Ethics

California Court Interpreters

ASL interpreters

Confidentiality

Conflict of interest

Professional development

NAD and RID codes