A Lawyer's Guide to Cross-Cultural Depositions
Copyright © 2003 by Nina Ivanichvili, CEO, All Language Alliance, Inc.
Understand Court Interpreter's Role
There are two categories of language experts. Although the terms "translator" and "interpreter" often are used interchangeably in English, there is a clear distinction between them, as they refer to members of two different professions. Translators deal with the translation of written materials. Interpreters translate orally from one language to another.
Interpretation and translation are complex processes that require in-depth knowledge of two languages and two cultures, as well as familiarity with specific vocabulary. Interpretation and translation are acquired skills of expressing and transferring ideas, formulated within the framework of a particular culture, in another language. These skills may be developed and honed over years of extensive training and practice. There are relatively few formal guidelines governing interpreters. The Court Interpreters Act of 1978 and the subsequent 1988 amendments mandated that a national certification exam be developed for certifying interpreters qualified to interpret in federal courts.3 Currently, federal certification programs exist in only three languages: Spanish, Navajo, and Haitian-Creole.4 The Administrative Office of the U.S. Courts classifies three categories of interpreters: (1) "certified" interpreters, who have passed the Administrative Office certification examination (Spanish, Navajo, or Haitian-Creole only); (2) "professionally qualified" interpreters for languages other than Spanish, Haitian-Creole, and Navajo;5 and (3) "language skilled" interpreters.6
The National Center for State Courts has established a consortium of states to develop court interpreter proficiency tests. Currently, twenty-nine states, including Colorado, are members of the consortium for state interpreters.7
In addition, the Colorado Judicial Department has adopted the Code of Professional Responsibility for Court Interpreters ("Interpreter's Code").8 The Interpreter's Code is composed of ten canons: (1) accuracy and completeness; (2) representation of qualifications; (3) impartiality and avoidance of conflict of interest; (4) professional demeanor; (5) confidentiality; (6) restriction of public comment; (7) scope of practice; (8) assessing and reporting impediments to performance; (9) duty to report ethical violations; and (10) professional development.9 Individuals interpreting at a deposition should be familiar with and abide by the Interpreter's Code.
A court interpreter's role is to "translate exactly what is said and at the same level of discourse the speaker uses."10 An interpreter in a deposition should not summarize, paraphrase, explain, or verbalize his or her personal opinions. Instead, the interpreter is charged with the task of relating exactly how something is said by counsel and by the non-English-speaking deponent to properly convey the style and form of the message.
