There are few situations where accuracy and clarity are more essential than in the courtroom. To ensure you or your company have the access to justice that you deserve, it’s paramount you are represented by a court interpreter with not only a native-level command of both English and your own language but also an in-depth knowledge and understanding of the legal terminology and protocols in both countries.
Read on to discover what is involved in court interpretation as well as how to find one that meets your requirements. You’ll also discover how to secure the best certified legal translation services, ensuring your legal matters proceed without a hitch.
What is a court interpreter?
A court interpreter is a highly specialized linguist with a very important role – ensuring everyone, irrespective of their language background, has fair legal access. Like all interpreters, court interpreters translate the spoken word, either in real-time or with a short delay to allow them to process the information in hand. They work in the courtroom, translating proceedings either for the hard of hearing or for those whose primary language is not English.
Depending on the language pair, some court interpreters can become certified, by passing a written exam and a bilingual interpreting exam. The languages these exams can be taken in are:
- Arabic
- Armenian (Eastern)
- Cantonese
- Farsi (Persian)
- Filipino (Tagalog)
- Korean
- Mandarin
- Portuguese
- Punjabi
- Russian
- Spanish
There are also federal certification programs for Spanish, Navajo and Haitian Creole. Passing these exams results in the interpreter being federally certified.
As you can see, there are not certification programs for all languages. If you need a court interpreter for a language other than those listed above, it is worth seeking out a professionally qualified interpreter.
To be a professionally qualified interpreter, it’s a question of submitting adequate documentation or showing evidence of having passed certain examinations or tests. These include:
- The U.S. Department of State conference or seminar interpreter test
- The United Nations’ interpreter test
- The National Center for State Courts’ performance examination.
There’s a further category of interpreters, which allows linguists who are capable of expertly interpreting court proceedings into English from a target language (or vice versa), despite not having taken the examinations to allow them to be deemed “professionally qualified”. These interpreters are called “language-skilled (ad hoc) interpreters” and will usually have a degree in a relevant degree, as well as an exceptional command of both languages and their legal terminologies.
What about certified legal translation services?
Before any court proceedings, both parties will exchange multiple legal documents. If there are two (or potentially more) languages involved, it will be necessary to draw on certified legal translation services. You must select a provider of legal translation services that can deliver certified legal documents. This ensures several essentials:
- That all parties understand the terms and conditions involved
- That translated documents are legally binding, as well as recognized in court.
- All documents are accurate and compliant with legal standards, preventing misunderstandings, ambiguities, and hold-ups in proceedings.
When it comes to selecting an agency to deliver legal documents translation, look for one that states it offers specialist legal translation services. If you are also going to require court representation, inquire about their ability to provide court interpreters, bearing in mind the guidance above regarding accreditation and certification in your language pair.
What are the common challenges for a court interpreter?
Court interpretation is a highly specialized form of interpreting, which is why specific certifications exist for linguists working in this setting. A central aspect of their work is mastering law-based jargon and complex legal terminology in both the target and source languages. This is not simply a question of directly translating the terms themselves; often, the court interpreter must find an equivalent legal term from the juridical system of the target language.
However, as different legal systems typically use terminology that does not directly align, a mistranslation could alter the meaning of testimony or legal documents. This could result in devastating consequences and even affect the outcome of a case. That’s why, often, it is more appropriate for a court interpreter to carefully explain a legal term rather than find a translation that may not be a direct equivalent.
In addition to legal terms, interpreters need to be aware of regional differences in the languages they are working with. Most have multiple dialects and regional variations, which can create difficulties if the interpreter and speaker, or interpreter and one of the witnesses, are not from the same background. A prime example of this is the Spanish of Spain compared with the Spanish used in Mexico, Argentina, or Chile – all of which have their own unique features. Court interpreters must be familiar with these variations to avoid miscommunication that could impact the outcome of a case.
What about ethical considerations?
Another challenge facing court interpreters is the issue of ethical responsibility. By communicating testimonies and witness statements, the court interpreter must exert extreme caution in selecting vocabulary that neither adds nor removes connotations and nuance. As they are transmitting the message of the other party in court, interpreters in effect hold the power to shape the understanding of the case, and any misinterpretation could influence the outcome of the trial and the rights of those involved.
At times this can be a tricky position to be in since they must not provide legal advice or clarify meaning beyond what is explicitly said. They must also maintain confidentiality and interpreters for high-quality interpreting agencies sign legally binding confidentiality agreements before any work is undertaken.
How to select the best legal translation or interpretation service
If you require both court interpretation services and legal document translation, it is wise to select an agency with proven expertise in your language, with stringent quality control (such as multiple editors checking written work and rigorous selection procedures for court interpreters). Agencies that meet these requirements should offer a no-cost consultation first, to assess your particular circumstances and examine whether they can work within your budget and timeframe.
If possible, give the legal translator adequate notice. In addition, provide the court interpreter with all available legal documents in advance so they can familiarize themselves with the intricacies of the case. This will enable them to be armed with as much information as possible, ultimately facilitating the interpretation process. Good luck!
