Creating Access: An Introduction to Language Access and Interpretation

1. Creating Access: An Introduction to Language Access and Interpretation Asian & Pacific Islander Institute on Domestic Violence\APIA Health Forum Cannon Han, Project Coordinator Interpretation Technical Assistance Resource Center interpretation@apiidv.org This project was supported by Grant No. 2009-TA-AX-K022 awarded by the Office of Violence Against Women, U.S. Department of Justice. The opinions, findings, conclusions, and recommendations expressed in this publication/program/exhibition are those of the author(s) and do not necessarily reflect the views of the Department of Justice, Office on Violence Against Women.

2. Title VI Language Access Requirements Recipients of federal financial assistance have a responsibility to take reasonable steps to provide Limited English proficient (LEP) individuals with meaningful access to their programs and activities.

3. Title VI of the Civil Rights Act 1964 Prohibits federal funding recipients from discrimination based upon race, color or national origin National origin discrimination includes discrimination based on language

4. Four Factors Analysis67 Fed. Ref. 41455 • Number or proportion of LEP individuals served or encountered in the eligible service population • Frequency of contacts • The nature and importance of the program, activity or services • Resources available

5. DOJ Guidance to the Courts On August 16th, the Civil Rights division of the U.S. Department of Justice issued a letter to all chief justices and state court administrators regarding the courts’ legal obligation under Title VI of the Civil Rights Act of 1964. Highlights from the letter include the following guidance on meaningful access:  Courts are required to provide interpreters for LEP persons in all court and court-annexed proceedings, including: civil; criminal; or administrative, including those presided over by non-judges. Courts will provide interpreters at no cost to the LEP persons. Courts must provide meaningful access to LEP persons to court functions that are conducted outside the courtroom. This includes, but is not limited to: information counters; intake or filing offices; cashiers; records rooms; sheriffs offices; probation and parole offices; alternative dispute resolution programs; pro se clinics; criminal diversion programs; anger management classes; and detention facilities. Courts must provide interpreters or bilingual staff to ensure that LEP persons are able to communicate effectively with court appointed or court supervised personnel. Court appointed or court supervised personnel includes: criminal defense counsel, child advocates or guardians ad litem, court psychologists, probation officers, doctors, trustees, and other such individuals who are employed, paid, or supervised by the courts.

6. Americans with Disabilities Act and Section 504 of the Rehabilitation Act • Public accommodations and state entities are required to provide ASL interpreters, and other auxiliary aids, to ensure effective communication with deaf and hard of hearing individuals. Deference must be given to the deaf or hard of hearing individual’s choice. 28 C.F.R. S28 C.F.R. S35.160 (b)(2) (NAD Law Center, 2002).

7. New Mexico Laws • N.M.S.A. 1978 Section 38-10-1 et seq. • Any non-English speaking person who is a party to any court proceeding is entitled to an interpreter. • The court pays the interpreter’s fee • A party requiring an interpreter must advise the clerk of the court as soon as practicable before a hearing of the need for an interpreter. NMRA Rule 1-103

8. Language Access Assessment and Planning Tool Conduct a self-assessment to determine what types of contact your agency has with LEP populations Develop language access policy directives, implementation plan, and procedures

9. What is interpretation Interpretation refers to the process of orally communicating a spoken or signed message from one language into another language.

10. Knowledge, Skills, and Abilities needed to be an interpreter California Administrative Office of Courts identified 32 testable KSA’s needed to be a court interpreter, including: • Native like proficiency in both languages. • Knowledge and use of a broad range of vocabulary, including legal terminology, subject-specific terminology, and slang. • Knowledge and use of cultural nuances, regional variations, idiomatic expressions, and colloquialisms in all working languages. • Ability to speak with proper pronunciation, diction, and intonation in all working languages. • Ability to listen to and comprehend various regional accents and/or dialectical differences in all working languages. • Ability to practice and follow ethical standards.

11. Modes of interpretation Consecutive interpreting is when an interpreter accurately renders what is said after the speaker has stopped speaking. Simultaneous interpreting is when an interpreter accurately renders what is being said while the person is speaking. Sight translation is the when an interpreter orally renders a written document from one language to another.

12. Language Access Issues for LEP Clients • Conflict of interest/Bias • Confidentiality • Role Confusion • Inadequate/incomplete interpretation

13. Conflict of Interest/Bias Interpreter must be impartial and neutral.

14. Role Confusion The interpreter’s role is to facilitate communication only. The advocate, cannot “advocate” while serving as an interpreter. Would you do the same thing for an English speaking client?

15. Inadequate/Incomplete Interpretation Untrained interpreters lacking the ability to use either the consecutive or simultaneous mode of interpretation, relying on summary interpretation.

16. Complete and accurate interpretation Avoid additions or omissions. Preserve the meaning of what is said, including the style and register of speech. Interpret everything, even if it obscene, rambling, or incoherent. Interpreters should not substitute their own words or expressions. Interpreters shall interpret only, do not engage in side conversations. If there is any confusion or misunderstanding it should be explained to the advocate first.

17. Privilege & Confidentiality Privileged or confidential information acquired in the course of interpreting or preparing a translation shall not be disclosed by the interpreter without authorization.

18. Assessing interpretation ability • Certification or registration • The experienced interpreter? • Assessing the interpretation skill without certification • Identify the skill level needed • Having bilingual staff assess • Using glossaries and dictionaries • Using articles and texts in the target language • Paying for a professional assessment

19. Tips for working with an interpreter • Conduct a pre-interview with your interpreter • Ask the interpreter • How did you learn English • How did you learn the target language • Do you have interpretation certification, license, or training • If yes what • Do you have experience working with victims of domestic violence • Are you familiar with interpreter professional standards • Set the ground rules • Check to see if interpreter and client know each other • Speak directly to the client • Use short sentences and pauses • Avoid technical terms, slang, and abbreviations

20. Qualifying an interpreter is an ongoing process: Spotting a Bad Interpreter • Can you understand the interpreter? • Evaluate the interpreters English speaking ability • Does the client look confused? • Does the interpreter appear confused? • Is the interpreter engaging in side conversations? • Is the interpreter summarizing? • Is everything being interpreted? • Is there a change in your clients demeanor?

21. Training Interpreters to work with survivors Training on: • Domestic violence • Role of the advocate/attorney/interpreter • Terminology • Handling difficult situations • Vicarious Trauma

22. Interpreter Do’s Do Remain neutral. Do Interpret everything that is said. Do Avoid conflicts of interest. Do Keep all information confidential. Do Ask for clarification

23. Interpreter Don’ts Don’t give advise. Don’t have side conversations. Don’t change

24. Bilingual advocacy is not interpretation: Role and Responsibilities of the Court Interpreter • Complete and accurate interpretation • Neutral Third Party • Officer of the court

25. Assessing language fluency Interagency language roundtable self assessment Having bilingual staff assess Using glossaries and dictionaries Using articles and texts in the target language Paying for a professional assessment

26. Assessing your bilingual staff What level language skill do they have? Does the language skill match the duties? Can they use simultaneous or consecutive interpretation? Do they have the time to interpret?

27. Evaluating the bilingual speaker: The Interagency Language Roundtable Self Assessment I can understand basic directions and instructions, such as how to get to a local store. I can understand uncomplicated stories about current, past and future events. I can accurately follow all conversations among native speakers who are speaking at a normal rate of speech. I can carry out any job assignment as effectively as if in my native language. I can fully understand all forms and styles of speech. This includes slang, jokes and puns.

28. The Bilingual Staff as Interpreter Are you fluent in English and the foreign language? Are you able to interpret in the consecutive or simultaneous mode accurately? Are you familiar with legal terminology and specialized terminology of domestic violence & sexual assault in the source language? Can you avoid a conflict of interest or the appearance of a conflict of interest between you and your client? Can you stay in the interpreter’s role and avoid functioning in the advocate’s role Could you be a potential witness in the case? Will you be interpreting for your client and not the batterer? Will interpretation by bilingual advocate void the attorney-client privilege? Will waiting till a qualified interpreter is found negatively affect a victim’s immediate safety? Will your safety be jeopardized?

29. Language Access Assessment and Planning Tool for Federally Conducted and Federally Assisted Programs Conducting a self-assessment to determine what types of contact your agency has with the LEP population. Developing language access policy directives, implementation plan, and procedures. www.lep.gov/resources/2011_Language_Access_Assessment_and_Planning_Tool.pdf

30. Resources Asian & Pacific Islander Institute on Domestic Violence www.apiidv.org Interagency Language Roundtable www.govtilr.org LEP.gov National Association of Judiciary Interpreters and Translators www.najit.org National Center for State Courts www.ncsconline.org

31. Translated Legal Glossaries Arabic, Armenian, Cantonese, Chinese, French, German, Hindi, Ilokano Hmong, Korean, Laotian, Mien, Mong, Punjabi, Romanian, Russian, Spanish, Urdu, and Vietnamese • Superior Court Sacramento http://www.saccourt.com/geninfo/legal_glossaries/legal_glossaries.asp • Washington Courts http://www.courts.wa.gov/programs_orgs/pos_interpret/ • National Center for State Courts http://www.ncsconline.org/D_Research/CIResources.html

32. New Mexico Center for Language Access • Language Access Specialist Certificate Program • Justice System • Medical • Interpreting Certificate Program • Justice System • Medical www.nmcenterforlanguageaccess.org