of Ethics Online Collection:None
PROFESSIONAL CODE FOR COURT INTERPRETERS
Ethics and Practice
I - PROFESSIONAL ETHICS
A) ACCURACY
The court interpreter should always thoroughly and exactly interpret what is said, omitting nothing and stating precisely what has been said, given the exigencies of grammar and syntax in both languages. This complete accuracy applies to all modes of interpreting: simultaneous, consecutive and summary.
B) CONFIDENTIALITY
The interpreter must protect the confidentiality of all knowledge gained during the course of his duties. As he is the verbal link between the client and attorney, attorney-client privilege pertains to documents, police records, medical files, etc., during legal proceedings. Consequently, he must remember that he has an absolute responsibility to keep all oral and written information gained completely confidential. He should also not derive personal profit or advantage from any confidential information acquired while acting in a professional capacity.
C) IMPARTIALITY
The interpreter should maintain an impartial attitude with defendants, witnesses, attorneys and families. He should neither conceive of himself nor permit himself to be used as an investigator for any party to a case. The interpreter should not "take sides" or consider himself aligned with the prosecution or the defense.
D) PROFICIENCY
An interpreter should only provide his professional services in a matter in which he is confident of his capacity to perform accurately. lie should feel no compunction about withdrawing from a case in which lie feels he will be unable to function effectively, due to lack of proficiency, preparation or difficulty in understanding a witness or defendant. The interpreter should continually improve his language skills and increase his knowledge of vocabulary in the various areas which might be encountered in court interpreting.
II - PROFESSIONAL PRACTICE
A) MODES OF INTERPRETING
1. SIMULTANEOUS INTERPRETATION
This mode of interpreting requires giving an exact rendition of everything being said at the same time it is being spoken in the original language. This is the mode used when relating proceedings to defendants. The interpreter should speak in a soft voice, for the benefit of the defendant only, and should neither summarize, simplify nor explain the proceedings.
2. CONSECUTIVE INTERPRETATION
This mode of interpreting is utilized with witnesses and in any situation in which the speaker must first finish his statement before the interpreter begins to speak. When interpreting in this mode at the witness stand, the interpreter should make every
attempt to permit the speaker to finish his statement. To this end, he may wish to take notes. The interpreter should interrupt a speaker only if it becomes absolutely necessary to do so in order to achieve complete accuracy in a very lengthy statement. If there is a word or phrase which the interpreter does not hear or understand, he should not invent a translation; rather, he should ask the judge for permission to request that the witness repeat or rephrase the statement and then continue with the interpretation.
3. SUMMARY INTERPRETATION
The summary mode, which is the least preferred technique for legal proceedings, is an accurate simultaneous resume of fragmented statements that may occur in three-way exchanges between the court and attorneys. It differs from the simultaneous mode in that it is not a verbatim rendition of all that is being said because the interpreter is relating the statements of persons who may be interrupting one another. Thus, a mere jumble of words, which may confuse the defendant because he cannot identify the speaker, is avoided.
B) FIRST PERSON.
The court interpreter should always utilize the first person singular when interpreting for a witness or in any situation in which a conversation between two or more parties occurs in the courtroom or similar setting.
C) AWARENESS
The court interpreter should be attentive to all that is taking place around him, given the rapidity with which events take place in a courtroom.
D) LOW PROFILE
The interpreter must maintain a low profile, remembering that he is not testifying but merely communicating the testimony of another. fie should not draw attention to his interpretation, since the judge and jury must focus only upon the individual requiring interpretation. The interpreter should control overt expressions of opinion, such as surprise, sympathy or disgust, while interpreting for defendants or witnesses. He should position himself in such a way so as not to obscure the view of the litigants, judge and jury from the individual who is testifying. The overall aim of the interpreter should be to assure a natural atmosphere in the courtroom such as there would be if no language barrier existed.
E) LANGUAGE LEVEL
The interpreter should utilize the same level of language used by the speaker. This means that he will interpret colloquial, slang, obscene or crude language, as well as sophisticated and erudite language in accordance with the exact usage of the speaker. It is not the interpreter's task to tone down, improve or edit phrases.
Further, the interpreter should not assume that it is his duty to simplify statements for a witness or defendant whom he believes cannot understand the speaker's statements. The person requiring an interpreter should request an explanation or simplification, if necessary.
Idioms, proverbs and sayings rarely can be literally interpreted.
The interpreter should seek an equivalent idiom or relate
the meaning of the original idiom or saying.
F) CHARACTERIZING TESTIMONY
An interpreter should never characterize nor give a gratuitous explanation of testimony. The court or attorneys will request clarification from the speaker, if necessary. Except in the case of certain languages in which a gesture or grimace has a particular significance, the interpreter should not offer an explanation or repeat a witness' gesture or grimace.
G) QUESTIONS ANSWERED WITH QUESTIONS
The interpreter must translate the exact response of the witness or speaker even if the answer to a question is another question due to the witness' not hearing or understanding the initial question.
H) INTERPRETING MIXED-LANGUAGE RESPONSES
If a witness testifying in a foreign language suddenly interjects a complete English response, the interpreter should not ask the witness to speak in his native language. He should stand back so that all parties are aware of the English response and await the court's direction.
I) CONVERSATIONS DURING WITNESS' TESTIMONY
The interpreter should not engage In colloquy with the witness testifying under oath. There should be a simple exchange of questions and answers between the questioner and the witness as if there were no language barrier. During pauses in testimony, such as side-bar conferences or recesses, the interpreter should not converse with the witness.
