As my team interpreter and I stood outside the courtroom, red-faced, sputtering and hissing at each other like a pair of angry snakes, it was clear that I could have handled this situation more effectively.
A confluence of factors led to this stressful scene. Our RID Regional Conference had taken many of the legal sign language interpreters with SC:L’s out of town for the week. As one of the few remaining interpreters with legal certification, I was overbooked and had to arrive late to the court proceeding that afternoon: a jury trial with a Deaf defendant. This county’s court interpreter coordinator knew about and accepted my tardiness, as she was desperately trying to find SC:L’s to cover cases and had turned to an outside agency to fill the gaps.
Thus, as I entered the courtroom, my teammate was already in the midst of interpreting the proceedings. I sat down quietly in the chair behind the defense table. The District Attorney was questioning a witness on the stand. The members of the jury were focused on the testimony. At that point, I did not have time to confer with the other interpreter, whom I had never even met before. Probably, if I had, I might have approached the judge with my concerns prior to the start of the afternoon’s proceedings. Inwardly, I knew that it was not the best idea to go ahead without context or preparation, but given the inconvenience of my entrance, I pushed aside my better judgment and tried to assess the situation at hand.
My attention was immediately drawn to my teammate, first for wearing extremely casual clothes (a T-shirt and khakis) in a formal legal setting and second for their obvious unfamiliarity with basic legal terms such as objection, sustained, overruled, and stipulation which they chose to fingerspell.
“Its Only Jury Selection”
During a short break in the proceedings, I asked my team interpreter whether they had legal certification or legal training and when they answered in the negative, I asked why they accepted this assignment. The reply, “The agency told me it was only jury selection,” did not assuage my concerns. Ironically, the agency that hired this interpreter specializes in sign language and should have known better than to send an unqualified person to a legal assignment. So I followed up, “Once you arrived and found out that it was the actual trial, why did you continue?” The answer was, “If I didn’t go ahead, they would have had to stop the whole trial.” (As I learned long ago in my legal training, sometimes that is actually the most appropriate option.)
What Are My Options
My team interpreter did not seem to grasp the gravity of a trial and the potential life-altering consequences for the defendant given their lack of legal training and legal certification (one of my state’s laws requires an SC:L for legal proceedings.) Before I arrived in the courtroom, the interpreter had self-identified as “RID certified” because they possess a CI/CT. Most judges are not aware of the difference, unless directed to the specific statute.
At this point, our ten-minute break was coming to an end and the jury was filing in. My mind was racing as I considered my options: write a note and ask to speak with the judge, ask for the other sign language interpreter’s legal credentials (or lack thereof) to be put on the record, slip outside to call the interpreter coordinator? The responsibility to decide on the best course of action in a few seconds had me frozen, until my window of opportunity was gone. Testimony resumed and the other sign language interpreter and I continued trading off tensely.
I decided the best I could do in that moment was closely monitor my teammate and feed signs for legal terms so that the Deaf defendant would have the best chance at accessing the proceedings. I’m sure this only made the situation more stressful for my teammate.
Who Do You Respect in RID?
During our hissing and sputtering encounter at the end of the day, the interpreter accused me of lack of respect, taking the entire matter as a personal insult. I insisted my concern was totally about their lack of legal training. I don’t usually confront my colleagues in this manner, but when the interpreter didn’t seem to get my point, I stated that an SC:L requires hundreds of hours of training and passing a very hard test. “Did you think you could come into a courtroom and improvise?” I asked. No response. Then I inquired, “As an RID certified interpreter, who do you respect in RID, Sharon Neumann Solow? Anna Witter-Merithew? Do you think they would approve of your choices?” The interpreter refused to continue the dialogue and stormed off. Stalemate.
It Can’t Be that Hard, I’ll Figure it Out
On the drive home, I tried to fathom how this sign language interpreter could have thought it was okay to proceed in a situation with potentially grave consequences, without the qualifications to do the job? After all, the second tenet of the CPC specifies that interpreters should “possess the professional skills and knowledge required for the specific interpreting situation.”
I tried to imagine what thoughts went through their head. Perhaps first, the thrill of being in a new situation, the desire to learn about it, coupled with a sense of confidence from interpreting for 20+ years. Maybe they quieted any inner doubts with thoughts like, “I can handle this, I’m an intelligent person, a skilled interpreter, if there are new vocabulary terms, I can pick them up.” “I like challenges.” “It can’t be that hard, I’ll figure it out.” “They can’t find anyone else, so I’ll just have to do my best.” “I wouldn’t want to stop the whole proceedings and admit any lack on my part. That would be embarrassing.”
Or maybe it was as simple as, “I need the work.”
Examining this hypothetical inner monologue, I noticed there was no mention of the Deaf client’s needs at all. “Ahh,” I thought, “That’s a red flag right there. It’s all about the sign language interpreter.”
A Litany of Excuses
And then, with a start, I realized, there was a reason that I could so easily imagine the rationalizations from that inner voice. In all honesty, I probably have conjured up a similar litany of excuses myself. And in all likelihood, most interpreters have also done so at one time or another–in legal or non-legal settings–if they are willing to admit it. In my case, this occurred–and hopefully it does so much less now–in situations where the Deaf party requires the services of a CDI.
Turn Down the Volume
My current strategy is to be extremely sensitive to the onset of this inner dialogue, so that it acts as a warning system alerting me to stop, assess the entire situation, and consider what is needed to give the Deaf client complete access to vital communication. Yes, it’s true that calling a halt to a meeting or legal proceeding is awkward and may provoke the ire of the lawyers, the judge and the other people involved. But when I cannot, in good conscience, convince myself that the present configuration best serves the needs of the Deaf person, I turn down the volume on that inner emotional voice, so that I can speak up and take action to do the ethically appropriate thing.
Call a Time Out
As a sign language interpreter how do you increase your sensitivity to that inner warning system?
– Monitor your physical responses to the situation. Breathing faster? Stomach tightening up? Your body may be telling you something.
– Are you not comprehending the signs? Resorting to fingerspelling to cope with unfamiliar vocabulary? Do your clients keep repeating themselves?
– Getting distracted by thoughts of how you are being perceived, instead of just focusing on the work?
It’s too hard to think objectively, and plan how to handle a situation that is not working while you are in the middle of interpreting. Call a time out. Breathe. Assess. This will give you a moment to collect yourself and ask the important question, “Should I continue?” Equally important, it will give you an opportunity to consider how to best proceed should the responsible and ethical decision be to stop.
Lets Share Our Collective Wisdom
What strategies do you use to remain sensitive to the alerts of your inner warning system? When have you taken the courageous step to stop the interpretation when you knew something was not working?