What is a court interpreter? A court interpreter is anyone who interprets in a civil or criminal court proceeding (e.g., arraignment, motion, pretrial conference, preliminary hearing, deposition, trial) for a witness or party to the action that speaks or understands little or no English or that is deaf or hard of hearing. Court interpreters must accurately interpret for individuals with a high level of education and an expansive vocabulary, as well as persons with very limited language skills without changing the language register of the speaker. Interpreters are also sometimes responsible for translating written documents, often of a legal nature, from English into the target language and from the target language into English.

What is the role of the court interpreter? The interpreter’s role is to render a complete and accurate interpretation or translation, without altering, omitting, or adding anything to what is stated or written, and without explanation. In essence, the interpreter serves as a bridge between whoever is speaking—the judge, attorney, witness, etc.—and the non-English speaking person, so that the non-English speaking person hears in his own language everything that is being said in English. If a non-English speaking person testifies in court, it is also the interpreter’s job to interpret everything that person says into English so that everyone in the courtroom hears it in English.

"Interpret" in this context does not mean explain. It means providing an equivalent meaning in the target language as the one stated in the source language. It is not the job of the interpreter to explain anything independent of what is being said by the participants in the courtroom proceedings. It is not the interpreter’s job to give advice to or otherwise counsel the non-English speaker in court, and it would be unethical for the interpreter to provide services other than interpreting from one language to another.

Is special training required to become a court interpreter? Yes. Court interpreting is a very demanding profession that requires complete fluency in both English and the foreign or sign language. The level of expertise required for this profession is far greater than that required for everyday bilingual conversation. The interpreter must be able to deal with the specialized language of judges and attorneys, as well as with the street slang of witnesses and the technical jargon of criminologists, police officers, and expert witnesses. Most people do not have full command of all registers of both English and the foreign language and, therefore, require special training to acquire it. Although there are no minimum college-level requirements that must be met in order to apply to take the state certification test, applicants are encouraged to complete formal, college-level course work and training in both languages and modes of interpreting before applying for the examination. If no college-level courses are available, the following self-study techniques are suggested: (1) expand your vocabulary, (2) develop your own glossaries, and (3) develop interpreting techniques. In order to pass the certification examinations you must enhance your skills in (1) consecutive interpreting, (2) simultaneous interpreting, and (3) sight translation.

What kinds of skills does it take to be a court interpreter? Being bilingual is not sufficient. The level of expertise required for court interpreting is much greater than that required for everyday bilingual conversation. Professional court interpreters are individuals who: (1) possess educated, native-like mastery of both English and a second language; (2) display wide general knowledge characteristic of what a minimum of two years of general education at a college or university would provide; and (3) perform the three major types of court interpreting: sight interpreting, consecutive interpreting, and simultaneous interpreting. Thus, proficiency in applied interpreting skills involves the two-fold elements of (1) a high level of mastery of two languages, and (2) specific performance skills in the modes of interpreting. Court interpreters must perform each type of interpreting skillfully enough to include everything that is said, preserve the tone and level of language of the speaker, and neither change nor add anything to what is said. Interpreters must deliver services in a manner faithful to all canons of the Code of Professional Responsibility in the Judiciary and court policies regarding court interpreting promulgated by the judiciary. Mastery of a language at the levels required for court interpreting requires reading and speaking the languages regularly in a wide variety of language contexts, and, usually, years of formal education. Acquiring the specific performance skills presupposes some element of innate ability and practice.

In addition to having a thorough command of English and the other language, a court interpreter must be able to deal with the specialized language of judges and attorneys, as well as the street slang of witnesses and the technical jargon of police officers, expert witnesses, etc. A court interpreter must be able to interpret accurately for individuals with a high level of education and a large vocabulary, as well as for individuals with very limited language skills, without changing the language register of the speaker. The interpreter must also possess excellent mental skills, including the ability to accurately convert the source language into the target language, and vice versa, often with only an instant to choose the equivalent words and phrases.

It is very helpful for a court interpreter to have good public speaking and interpersonal skills. If the court testimony to be interpreted is shocking or traumatic, the interpreter must be able to perform the interpreting function without reacting or becoming emotionally involved. The interpreter must understand that interpreter’s role; that is, the interpreter cannot express personal opinions or be an advocate for one side or the other in a court case. The interpreter must be able to work well under pressure and react quickly to solve complex linguistic and ethical problems as they arise. A good court interpreter must continually strive to upgrade his/her skills by reading from a wide variety of sources, researching new terms and concepts, and improving interpreting techniques.

What is simultaneous interpreting? Simultaneous interpreting is rendering an interpretation continuously at the same time someone is speaking. Simultaneous interpreting is intended to be heard only by the person receiving the interpretation and is usually accomplished by speaking in whispered tones or using equipment specially designed for the purpose in order to be as unobtrusive as possible.

What is consecutive interpreting? Consecutive interpreting is rendering statements made in a source language into statements in the target language intermittently after a pause between each completed statement in the source language. In other words, the interpreter renders an interpretation after the speaker has stopped speaking. When using this mode of interpreting, it may be necessary for the interpreter to signal a speaker to pause to permit a consecutive interpretation when the length of the utterance approaches the outer limits of the interpreter’s capacity for recall. During consecutive interpreting, the interpreter should take notes to assist him/her in rendering the interpretation.

What is sight translation? Sight translation is a hybrid type of interpreting/translating whereby the interpreter reads a document written in one language while translating it orally into another language. It is sometimes called sight interpreting. In this mode of interpreting a written text must be rendered orally without advance notice and on sight.

What is the Consortium for State Court Interpreter Certification? The Consortium is a program administered by the National Center for State Courts in Williamsburg, Virginia, on behalf of the state courts systems in the United States. It was created as a way to develop court interpreter proficiency tests, make them available to member states, and regulate the use of the tests. It is a mechanism through which funds from several sources can be combined under a single administrative umbrella to achieve economies of scale across jurisdictional and organizational boundaries. There are currently 31 member states.

When and how was the Consortium for State Court Interpreter Certification founded? The Consortium was officially founded in July 1995 by Minnesota, New Jersey, Oregon, and Washington. This came about as a consequence of findings and professional relationships established during research by the National Center for State Courts between 1992 and 1995 (See Hewitt, William E., Court Interpretation: Model Guides for Policy and Practice in the State Courts, Williamsburg, VA, National Center for State Courts, 1995). The NCSC research showed that establishing an interstate authority with the capacity to coordinate test development efforts and investments on a national scale was both desirable and feasible. In 1994, judicial leaders in Minnesota and Oregon, who were committed to improving interpreter programs in their states, asked the National Center for State Courts for assistance in developing interpreter testing programs of equal quality and effectiveness to those then in existence in New Jersey and Washington which were studied and documented in the Model Guides publication. Acting on that opportunity, staff of the NCSC invited representatives of those four states to work together with the NCSC to create a voluntary program in which member states could pool financial resources and professional expertise to eliminate duplication of expense and effort, and lower the cost of interpreter test development and administration for all of the member states. Thus, the Consortium was created to counter the high costs of test development and associated proprietary interests by providing a vehicle for exchange of expertise while safeguarding work products.

How great is the need for court interpreters in Idaho? According to the 2002 U.S. Census Bureau Idaho population and "languages spoken at home" data, statewide 9.3 percent of the population 5 years old and older speaks a language at home other than English. These percentages vary significantly by county, and this language barrier is appearing in Idaho’s courtrooms. While counties don’t track statewide the number of court cases requiring an interpreter, we can roughly estimate that if 250,000 cases are filed annually (excluding infractions) and 9.3 percent of the population potentially needs an interpreter, then as many as 23,000 cases might require an interpreter for each hearing and trial held in the case.

What is required to work in Idaho as a court interpreter? Is certification required? Idaho Court Administrative Rule 52 establishes the policy for the qualification and appointment of interpreters in the state of Idaho. Rule 52 does not currently require that a court interpreter be certified. Idaho does not yet have a sufficient pool of interpreters in Spanish or other languages to require certification. Idaho is, however, committed to ensuring that qualified interpreters are working in the courts. All court interpreters are strongly encouraged to participate in the training and certification program. Rule 52 requires that a court interpreter must be (1) readily able to interpret or sign translate from English to the language of the non-English-speaking person or from the language of that person into English, and (2) agrees to follow the standards prescribed by law and the Idaho Code of Professional Responsibility for Interpreters in the Judiciary. The Administrative Office of the Courts and the Court Interpreter Subcommittee strongly encourage courts to utilize the services of interpreters who have, at a minimum, taken the two-day orientation workshop.

What has the Administrative Office of the Courts determined to be the requirements for becoming a certified court interpreter? Currently, the Administrative Office of the Courts administers certification exams in Arabic, Korean, Russian, Cantonese, Mandarin, Laotian, Somali, Hatian-Creole, Spanish, Hmong, Portuguese and Vietnamese languages. In order for an individual to become certified, he or she must first take and pass a written screening exam, attend a two-day orientation workshop, and pass the certification exam. The certification exam consists of a written exam on ethics, an oral exam on simultaneous interpreting, an oral exam on consecutive interpreting, and an oral exam on sight translation.

Can interpreters of languages for which no state certifying examination exists still interpret in court? Yes. However, these individuals are strongly encouraged to attend the two-day court interpreter orientation workshop prior to serving as an interpreter in the Idaho courts.

Is there a certification for sign language interpreters that is considered a functional equivalent to the certification exam administered by the Administrative Office of the Courts? Yes. The Consortium for State Court Interpreter Certification has determined that the SC:L certification exam administered by the Registry of Interpreters for the Deaf is a functional equivalent to the Consortium certification exam.