Communicating through an interpreter
In judicial, legal and quasi legal settings, interpreters are obligated to interpret all communication made between parties of different languages directly and accurately, without omissions or embellishments. All those involved, such as judges, defense attorneys, prosecutors, law enforcement, court staff, court support services, defendants, victims, and witnesses, can make best use of interpreting services by following these guidelines:
1. Talk through the interpreter, not to the interpreter. When using an interpreter to address a non-English speaker, speak directly to that person as if the interpreter weren’t even there.
2. Use the first person when addressing the other party. Do not say, “Could you ask him if he is aware of the maximum penalty for this offense.” Instead, turn directly to the party you are addressing and say, “Are you aware of the maximum penalty for this offense?”.
3. Do not ask the interpreter for his opinion or input.
4. Watch your speed. This goes both ways. When speaking extemporaneously, don’t speak too fast, and don’t speak too slowly. When reading something aloud (such as jury instructions, waiver of rights, or a specific evidence code section), keep your pace slower than normal.
5. Do not try to communicate with the interpreter or otherwise interrupt him while simultaneously interpreting. Simultaneous interpreting requires intense, high levels of concentration and accumulated skill in order to be performed properly. Distracting the interpreter during simultaneous interpreting can cause an immediate breakdown in communication for all parties.
6. Parties must refrain from talking at the same time in order for the interpreter to interpret court proceedings properly. Just as court reporters are dutybound to stop parties from talking over one another during recorded proceedings, interpreters have an equal duty do the same in order to protect the due process right of the defendant.
7. Do not direct the interpreter to convey information to the LEP individual when you are not present.
Source: NAJIT.ORG
