Welcome to the Judicial Council of California Court Interpreters Program Ethics Refresher Training, Module 2, The Importance of Accuracy. After completion of this module, you will better understand the importance of providing an accurate interpretation, the components of accuracy, and how to handle challenges related to accuracy. We will also go through various scenarios that you may encounter in court as they relate to ensuring accuracy. One of the nine standards laid out in the Professional Standards and Ethics for California Court Interpreters is to provide a complete and accurate interpretation. This standard is grounded in the California Rules of Court, Rule 2.890B, which states, 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. There are many reasons for providing a complete and accurate interpretation. Interpreters are used to place deaf or hard of hearing and limited English proficient, or LEP, court users on an equal footing with those who understand and proficiently speak English, to the extent possible. This way, these court users can meaningfully participate in the court process. The accuracy and completeness of the interpretation also ensures a true and accurate record of court proceedings, which must be prepared in English. Additionally, the judge or jury will be using your interpretation to understand and evaluate the testimony of the LEP, or deaf or hard of hearing party, or witness. They will also use it to draw conclusions about the person, such as their credibility. Attorneys will also rely on the interpretation to make decisions about their case. Providing a complete and accurate translation is essential for building trust and fostering effective communication between the parties involved. As you can see, accuracy directly impacts due process. Interpreters have a duty to be impartial and to convey the statement of the source as accurately and completely as possible. Inaccuracies can introduce bias, cause confusion, and could undermine the interpreter's credibility. Inaccuracies could convey something the speaker does not intend. They could taint the record, and they can result in mistrials, appeals, and critical consequences for the party being interpreted for. Therefore, it is critical that you interpret accurately and completely any time you provide interpreter services. There are many different components to consider when ensuring accuracy in your interpretation. Some of these include additions, omissions, changes in meaning, register, idiomatic expressions, fragmentary statements, voice tone and emotional overtones, nonverbal communication, and ambiguities. Let's go over some examples. The term additions refers to anything inserted into an interpretation that was not part of the speaker's original message. They include things like embellishments, clarifications, and conversions of monetary units or units of measurement. The term embellishments refers to adding linguistic details for the sake of smoothing out the delivery or making what a person said sound better for the court. For example, if the witness says, uh, yeah, well, I think he was there, at least I'm pretty sure, do not clean it up by saying, yes, I'm pretty sure he was there. Your job is to interpret what is said exactly as it is said. Similarly, if an LEP party says something that is unintelligible or confusing, avoid the temptation to make it make sense. For example, if an LEP party says, my head, blue, do not try to guess at what they may mean and interpret it differently, like, for example, I feel blue or I am depressed. Interpret what is said even if the message is not clearly stated by the original speaker. This also gives other officers of the court, such as judges and court attorneys, the opportunity to request clarification directly from the speaker. The term clarifications refers to adding language that is perceived to be in the original statement or response but wasn't actually said. For instance, if you're interpreting in a traffic case and the district attorney asks the defendant, did you drive here today? And the defendant responds, I don't have a license. It would be inaccurate to interpret the response as, no, I didn't. I don't have a license. Even though you may think that the no is implied, you are replying on an assumption. In this example, you don't know if they drove or not. You just know that they said they don't have a license. Although you may think you are helping to clarify a message by inserting information, that information may not be true. More importantly, inserting information goes beyond your role of a court interpreter. You should also not take it upon yourself to convert monetary units or units of measurement. For instance, if the litigant says, he was standing 5 meters from me, your interpretation should be, he was standing 5 meters from me. It is not up to you to convert the measurement to something more commonly used in the U.S. Omissions include any part of a speaker's original message that is left out or edited out in the interpretation. It is not the interpreter's job to decide what gets interpreted and what does not. Occasionally, speakers may use redundancies and repetitions. Sometimes these features are used intentionally to emphasize important points, make sure key information is not missed, or indicate continuous action. For example, an LEP court user may say, I ran and ran and ran. He kept coming and I ran. I ran as fast as I could. I ran as fast as I could. Each repetition adds to the context as a whole. Other times, they carry different shades of nuance or a specific legal meaning. For example, let's say the party you're interpreting for states, I heard her and listened to her say something about our son. In this example, while listen and heard mean similar things, you should interpret both words using two linguistic equivalents, if possible. You should not omit one of the references because you think it may be redundant. These nuances may make a difference in the testimony. Other words that seem inconsequential, like false starts and fillers, such as uh and um, should also be preserved in your interpretation. Leaving or editing these out of the original speaker's message can affect perceptions of the speaker's certainty, credibility, and precision. Omissions can also disguise issues, like misunderstandings. For example, false starts and hesitation fillers may indicate that the speaker doesn't understand something, especially if there is no attorney present that the speaker can look to for direction or clarification. But an accurate and complete interpretation that includes those hesitations may signal to the judge that the speaker needs clarification or explanation. Accuracy also means maintaining the intended meaning of words and phrases and asking for clarification if you're not sure. Occasionally you will come across words that have multiple meanings. For example, the word derecho in Spanish could mean directional right, honest, upright, law, straight, or legal right. Not so dissimilar is the word right in English, which could mean a direction, a legal entitlement, that something is correct, or just a way to express approval or agreement. While context might point to one meaning exclusively, this may not always be the case. Instead of trying to guess the intended meaning, it is best to get clarification from the party you are interpreting for. Then you can accurately interpret the intended meaning. Pay attention, as well, to regional variations in the non-English language. A term that means leg in one region may more commonly be used to refer to foot in another. It is best to clarify if you are not sure, as the distinction can be consequential. As another example, the way vehicles are referenced, such as pickup trucks, buses, trailer trucks, and others, can vary from one country to another. Once again, making sure you interpret it accurately to English can be critical to the case at hand. To maintain accuracy, it is essential to maintain the register, or the level of language, that a person uses. For example, some speakers may use a lower register, more casual, informal language. Others may use higher register, more formal language that is less characteristic of everyday speech. It is not your job as the interpreter to raise the register to make it sound more formal or polite. It is important to represent the LEP authentically. Maintaining register means preserving the way a speaker uses language, including variations in formality or stylistic variation. Similarly, you should not lower the register to make something more understandable. For example, when working with self-represented litigants, it may seem clear to you that the individual receiving the interpretation does not understand what a judge is saying because the language is very formal or complex. However, you cannot change the interpretation by lowering the register and choosing more everyday language so that the party can understand the judge. You must maintain the high register that the judge is using and expect the self-represented litigant to ask for more information or clarification from the judge, which you would then interpret. It can be helpful to remember that someone without an interpreter would not have the benefit of someone trying to make the language of the court more accessible. This could venture into the realm of giving advice without intending to do so. Maintaining register ensures that the legal terminology is translated correctly, which is crucial to ensure a fair and accurate legal process. The register a person is using may also provide useful information to a listener. In some cases, the judge or jury may use the register that a person uses, among other things, to draw conclusions about them. A judge or attorneys may also try to adjust their own register to better match that of the litigant or witness if they notice there is a mismatch that may be leading to confusion or miscommunication. Therefore, you must use the same register in your interpretation as the original message so that the judge and jury have the most accurate representation of the person's speech. Let's look at an example. Let's say the attorney has asked the witness, did this ameliorate the situation? You should not say in the target language, did this make things better? If the witness does not understand, they can ask for clarification. Additionally, if a party uses an expletive or obscenity, you should interpret as said and not try to sanitize or clean up the language. One area of accuracy that requires particular attention is that of idiomatic expressions. Idioms, like proverbs, sayings, and other figurative language, often carry a meaning distinct from the individual words. In many cases, they cannot be interpreted literally without becoming nonsensical or even laughable. When dealing with these types of expressions, always focus on the meaning of the saying and select an equivalent one in the target language if one exists. For example, having tomatoes on one's eyes, in one language, translates in meaning to seeing things through rose-colored glasses. If no equivalent exists or you're not aware of it, let the judge know that you're having difficulty interpreting the expression and ask for an equivalent expression or an explanation of the intent behind it. You may also tell the judge that, given the challenges, you could interpret the expression literally and, if possible, put the expression, as uttered in the non-English language, on the record. The judge will then decide how to best proceed. Follow the judge's direction. Fragmentary statements are another component of accuracy. Sometimes people speak using unformed thoughts and incomplete sentences. Nonsensical speech can also be due to medical or mental conditions, known or unknown. This can make interpretation difficult, as their statements may lack key linguistic features. When this happens, do not edit the statements to make a clear interpretation possible. Instead, try to preserve the ambiguity of the original words. Similarly, people might speak illogically and talk in circles. For example, a party may respond with a yes or no to a question that clearly calls for a narrative, or they may report a story that calls for a chronological order in a roundabout way. Interpreting nonsensical speech may feel like it depends on you or your interpreting abilities, but it is important to have confidence and interpret the message as it is stated. After all, your responsibility is to interpret exactly as it is said, even if you can tell what the correct order of the story should be. This may seem difficult if you see confusion on the faces of English speakers in the courtroom, but your duty is to be accurate to the message as it is said. The same holds true if a party's answer to a question is nonresponsive. It's your job to interpret that answer accurately, even if it's not an appropriate response to the question asked. For example, if the judge asks a self-represented litigant, when is the last time you saw your children, and the response is, I love my children very much, you should interpret the answer as provided, even if you worry that the judge will doubt your interpretation of the question given the nonresponsive answer. You are doing your job and staying in your role by interpreting exactly what you hear in the way it is said. Allow the judge or other appropriate individual to ask for clarification rather than attempting to provide it for them. Maintaining voice tone and emotional overtones also contributes to overall accuracy. Emotions in courtrooms can often run high. Parties may get into heated discussions. Certain case types can get very emotional for everyone involved. When interpreting emotional speech, interpreters of spoken languages should use voice modulation, but never mimicry, to convey emotion. They should also maintain a neutral facial expression. Interpreters of American Sign Language or ASL, on the other hand, should use appropriate facial expressions to signal emotional overtones. Keep in mind, though, that interpreters are human. While you should strive to remain emotionally neutral, there may be times that your feelings get the better of you. For example, you could be called to interpret in a family law case involving a contentious custody battle over young children, or you could be called to interpret in a domestic violence case involving graphic accounts of abuse. The best way to control your own emotional display is through preparation. Review the case file and look at any exhibits in advance so that you can be best prepared to handle what you might see or hear. Another component of accuracy is nonverbal communication. Nonverbal communication refers to gestures that are not accompanied by words but that still carry meaning, such as a nod or a shrug. Interpreters of spoken languages are not permitted to reproduce or describe gestures. All testimony must be verbal to be captured on the record. For example, if the attorney says, ìDo you see the man you described in the courtroom today?î and the witness says, ìYeah,î and points at the defendant, do not point at the defendant or state that the witness has pointed to the defendant. Simply interpret, ìYeah.î The attorney can instruct the witness to give a verbal response. Or they may state something like, ìLet the record reflect that the witness has indicated Mr. Ramos seated at the defendantís table.î Note that this rule does not apply to interpreters of ASL, as gestures form the basis of signed communication. The last component of accuracy that we will review are ambiguities. Ambiguities are words that lack contextual cues to determine their meaning. For example, as discussed previously, the word for foot may also mean leg in some languages. If a party uses the word foot but is pointing at their thigh, you may need to seek more information so that you can interpret it accurately. Ambiguity can also be introduced in languages where the subject being referenced is unclear. For example, su in Spanish could be your, his, or hers, which can be quite confusing for an interpreter if it is not clear who the speaker is referencing. In this situation, permission from the judge to clarify who the intended subject is may be necessary. However, be cautious about seeking clarification for ambiguities that might be intentional. For example, consider the sentence, ìJessica said on Friday she would meet Patrick there.î This could mean that it was Friday when Jessica said she would meet Patrick or that the meeting was to take place on Friday. In this example, you should interpret the message as it is said, then let the judge or attorneys seek clarification or revise their questioning if needed. Now that weíve gone over the importance of accuracy and the components of accuracy, letís look at some possible impediments to accuracy and how to report them. Before doing so, remember that the judge or bench officer presides over the courtroom and oversees all court staff, including the interpreter. They also oversee the record and make sure that everything can be interpreted accurately and completely. Therefore, any time you encounter an impediment to accuracy, you should direct your concerns to the bench as soon as possible. When doing so, make sure you identify your statements using the third person for a clear court record. One major impediment to accuracy is not being able to hear what is said. This can be for a range of reasons, including noisy courtrooms or speakers that are speaking too softly or mumbling. Simply put, if you canít hear, you canít interpret. Therefore, you must alert the judge if you canít hear, even if it means interrupting a proceeding or asking a judge to speak up. For example, you might say, ìYour Honor, the interpreter is having difficulty hearing the various speakers. Could Your Honor ask that other people in the courtroom please lower their voices?î Or, ìYour Honor, the interpreter is unable to hear the witness who is speaking very quietly.î Often, the judge or bailiff will instruct the rest of the courtroom to quiet down so that you can deliver an accurate interpretation. Another possible impediment to accuracy is when speakers donít pause for interpretation. This can especially be an issue for consecutive interpretation. For example, attorneys might get into a heated exchange, or a witness might give a long-winded response. In either situation, the content of what needs to be interpreted may get too long for you to reasonably be able to render an accurate interpretation. This may happen more commonly with self-represented litigants who do not have the benefit of an attorney to interrupt them when theyíve already answered the question. It is not unusual for someone to talk significantly past the point of answering, either repeating what they just said or adding information not relevant to the question. When this happens, try to alert the parties by politely raising your hand to indicate they need to pause or slow down. If it persists, alert the judge that you need the litigant to pause more often so you can accurately interpret the full message. For example, you could say, ìYour Honor, the interpreter apologizes for the interruption. Would Your Honor please remind the parties to pause for interpretation?î or ìYour Honor, the interpreter needs the witness to pause more often or speak more slowly so that the interpreter may keep up.î A similar situation that might impede accuracy is when speech overlaps. For instance, objections raised by attorneys could result in two people speaking over each other. In cases with self-represented litigants on both sides or even attorneys, itís not uncommon for the parties to interrupt each other. For example, family law cases can be emotionally charged, with litigants commenting on each otherís statements to the judge or interrupting to provide their opinion. If you miss what someone said due to overlapping speech, you may need to request a repetition. For example, you might say, ìYour Honor, the interpreter missed the last part of Ms. Davisís statement. Could the interpreter please get a repetition?î If the overlapping speech continues happening and the judge doesnít admonish the parties, you may need to ask the judge for clear instructions to the parties. For example, ìYour Honor, the interpreter is having a hard time interpreting for the parties when they speak at the same time.î That statement alone may be sufficient to alert the judge to warn the parties, but if not, you may add, ìWould it be possible for Your Honor to instruct them to speak one at a time?î Some of the components of accuracy discussed earlier can also lead to impediments. For example, words with multiple meanings, idiomatic expressions, and culturally bound terms can lead to challenges when interpreting. When met with a linguistic roadblock, you must ask for clarification. To do so, ask the judge or bench officer if you can have a moment to refer to resources, consult with a fellow interpreter, or even speak to the party needing interpretation to better understand the intended meaning. For example, ìYour Honor, the interpreter does not understand a particular word the speaker is using. May the interpreter have a moment to look it up?î Or, ìYour Honor, the interpreter does not understand a word the witness has used. May the interpreter have a moment to consult with colleagues in the courtroom?î Whenever consulting with a colleague or speaker, or after reviewing resources, always report your findings back to the court for the record. For example, ìYour Honor, the interpreter has spoken with the witness about what she meant when she used the word ìfoot,î and she indicated she meant ìher thigh.î You may also experience some of these impediments when working remotely. For instance, there may be times when you cannot hear what is being said because the technology is not working properly, the Internet is spotty, or speakers in the proceeding are muted or not sitting close enough to a microphone. Although you may not be able to communicate issues with the same physical cues you may use in a courtroom, it is just as important to report any impediments to accuracy as soon as they occur. This may mean interrupting the proceeding even if the issue is just affecting you. If possible, you may try presenting a solution when speaking up. For example, ìYour Honor, the interpreter is having difficulty hearing the attorneys. Can counsel please step closer to the courtís microphone?î Note that if you experience persistent issues, you must notify the court so they may take proper action. Do not skip or try to guess at phrases out of concern that you are interrupting too frequently. Even if you find yourself repeatedly asking parties to speak more loudly or clearly, it is better to ask for the courtís assistance so that the problem can be remedied and accuracy can be preserved. So far, we have been looking at times when you might recognize an inaccuracy or an impediment to accuracy. But there may also be times when an interpreter colleague, an attorney, or another participant might note what they believe is an inaccuracy in your interpretation. If your interpretation is challenged, do not take it personally or become defensive. Respond in a professional and respectful manner and listen to what they have to say. If you agree with their correction, state your correction on the record. If you disagree, listen by your interpretation. You may briefly explain your reasoning, but do so in a professional and respectful way. You may also be challenged by the party or witness youíre interpreting themselves. For example, an LEP party may say that they donít understand you generally, perhaps due to your particular regional accent. Or, more specifically, they may say they do not understand an utterance or term youíve used. Again, do not get defensive. Interpret what the party has said to the judge. If interpreting their statement would not be appropriate, then politely explain by saying something like, ìYour Honor, the witness is telling the interpreter he does not understand the term the interpreter is using for child support. The interpreter believes sheís using the correct term. Would Your Honor like to explore any potential confusion with the witness any further?î If your accuracy is challenged, itís important to remember that interpretation is a complex process and it is normal to make mistakes from time to time. Whether you agree or disagree with the challenge, you can always respond in a calm and professional manner by actively listening to the concerns before you make your decision about whether you are accurate or not. A calm demeanor will give you more authority if you are defending your interpretation or understanding if you agree. Taking feedback personally or becoming defensive can close yourself off to constructive criticism, hinder personal growth, and professional development. It may create an unprofessional or uncooperative image that you would not like others to define you by. Reacting in a defensive manner could damage relationships with clients, colleagues, and supervisors. It can also lead to mental exhaustion, affecting your ability to focus, and lead to burnout. Any time you note an inaccuracy, you should correct the record promptly. It is important to get the correction on the record before testimony continues. For example, you might immediately insert ìInterpreter Correction, not 4 but 14.î However, given the pace of court, this isnít always possible. If you must, note the correction after the fact so that the court can go back and correct the record. For example, ìYour Honor, the interpreter would like to make a correction to the record. Earlier, when the witness said her pain level was at a 10, this should have been interpreted as ìHer pain level was not as high as 10.î One tool that you can ensure accuracy is self-monitoring. This means being aware of your own interpretation and recognizing when impediments to accuracy, like fatigue and audibility, creep in. Remember, the longer you go missing words, the more you may begin to summarize and may no longer be interpreting completely or accurately. Studies show that as fatigue sets in, your ability to self-monitor also suffers. When this happens, you may need to ask for a break until you are ready to resume interpreting. If identified early, something as simple as taking a moment to drink a glass of water or walk to the bathroom during a break may provide relief. You must also maintain awareness of personal impediments to accuracy. For instance, hearing loss of any kind, issues with memory, or declines in your interpreting skills should be recognized and handled appropriately. This may mean having a conversation with your court interpreter coordinator as part of your duty to the profession. Equally important is your ability to be honest with yourself and the court regarding your ability to interpret for a particular assignment. For example, you may realize early into the interpretation event that you are unfamiliar with the technical terms used in the case and you are unable to ensure accuracy. Perhaps it's a medical malpractice case or a construction defect case and you've never encountered the terminology before. Or perhaps it's a case that is emotionally taking a serious toll on you and you're no longer able to remain neutral and detached. Maybe you have a personal connection with the case, litigants, or attorney that may make it difficult for you to avoid interpreting what you think they mean to say rather than exactly what they said. Maybe the litigant speaks the language using regionalisms that you're not familiar with and the inability to understand those regionalisms is impacting the preservation of meaning and the accuracy of your interpretation. As hard as it may be, it is your responsibility and ethical duty to report these impediments, even if it means reassigning a different interpreter to the event. You may say, Your Honor, the terminology being used in this case is unfamiliar to the interpreter. The interpreter feels that she is unable to accurately interpret in this matter and that another interpreter may be better prepared to continue. Remember, it is always better to step down from your duties than to take on an assignment for which you are not or don't feel qualified. Additionally, you should not risk due process and the possibility of a mistrial or appeal based on your ability to provide a complete and accurate interpretation. Now that we've gone through a refresher on the importance of accuracy, it's time to practice what you've learned. Let's take a look at a few scenarios involving accuracy and see how you would handle them. You are interpreting in a courtroom with a packed docket. As a result, the judge is speaking very quickly to try and get through all the cases that day. You are trying to keep up, but are unable to maintain accuracy due to the rapid rate of speech. You realize you have begun missing a word here and there, but don't want to slow the pace of the courtroom. What, if anything, do you do? Alert the court that the pace is impeding accuracy. Get the judge's attention using the third person and request that they slow down. Your Honor, the interpreter is having difficulty keeping up with the pace of the court. Would it be possible for Your Honor to slow down or pause occasionally to permit the interpreter to interpret accurately? During a proceeding, you are interpreting for a witness on the witness stand. The person's testimony is nonsensical and they keep talking in circles. The judge and the attorneys are looking at you strangely, like you're making no sense. You are afraid they will think you're a bad interpreter. What, if anything, do you do? Just keep interpreting. It is not the interpreter's job to clean things up so that the message makes sense. It is the responsibility of the attorney or judge to get the witness to clarify their response. This is where confidence comes in. It may seem to reflect on the interpreter, but the interpreter is staying within their role by interpreting exactly what they hear in the way it was said. We hope this module helped refresh your understanding of the importance of accuracy and completeness in your interpretations. For more information, refer to the resource sheet that accompanies these modules.

Court Interpreters

Ethics Training

Accurate Interpretation

California Rules

LEP Users

Nonverbal Communication

Self-monitoring