A Meaningful Opportunity to Participate
A Handbook for Georgia Court Officials on Courtroom Accessibility
for Individuals with Disabilities
A Handbook for Georgia Court Officials on Courtroom Accessibility
for Individuals with Disabilities
Appendix D:
Sign Language Interpreters in the Courtroom
This technical bulletin addresses frequently asked questions about Sign Language Interpreters in the Courtroom.
Are there credentialing and ethics considerations for sign language interpreters?
Yes. According to current Georgia law, the designated sign language interpreter in legal settings should be certified by the Registry of Interpreters for the Deaf, Inc. (RID). RID- certified interpreters are bound by the RID Code of Ethics and the Georgia Code of Professional Responsibility for Court Interpreters. Additionally, The National Center for State Courts' Model Code of Professional Responsibility for Interpreters in the Judiciary is used as a guide for interpreter conduct and responsibilities.
What is the duty of a certified interpreter?
Sign language interpreters are Officers of the Court who are appointed to provide interpreting services for Court proceedings. The duty of the interpreter is to interpret the spoken and signed proceedings accurately while maintaining the integrity of the communication. The interpreter must execute this role with total absence of bias and must maintain strict confidentiality.
How do I locate a certified interpreter?
This technical handbook contains a list of some of the interpreting services brokers/agencies in Georgia. You can also contact the Administrative Office of the Courts, 404-656-5171, for additional information. The Registry of Interpreters for the Deaf web site at www.rid.org also lists certified members.
How much lead time do I need to locate a certified and experienced legal interpreter?
The shortage of sign language interpreters for any setting is problematic nationally and the scarcity of those who are actually qualified to work in legal and judicial settings is even more severe. Hence, the more lead time an agency has to secure a qualified legal interpreter, the better the chance of finding one. Given the unpredictability of need in legal and judicial settings, it is imperative that attorneys, clerks, law enforcement, etc. inform the Court of the need for an interpreter as soon as possible. Outside of the mandated Court appearances that must be done within a specific time frame, flexibility in scheduling Court appearances, trials, hearings, etc., will increase the chances that a qualified interpreter or team of interpreters will be found.
Why do I need more than one interpreter?
Because of the length or complexity of most legal assignments, a team of two or more interpreters will be necessary in order to ensure the integrity of the Court's record.
How will a team of interpreters work in court?
When working as a team for the proceedings, interpreters will work in teams of two or more. Interpreting is more mentally and physically demanding than most people realize and the first thing to suffer as a result of interpreter fatigue is accuracy. Therefore, when working as a team, the interpreters will engage in a system of monitoring to ensure the quality of the process. This process requires the support interpreter to provide the working interpreter with small bits of information that may have been missed. However, if a substantive point has been missed, the interpreters will immediately inform the Court of the omission. During the proceedings, the interpreters will utilize written notes to ensure consistency in the process and to provide feedback to one another. At the end of the proceedings, the interpreters will make these notes available to the Court. The interpreters infrequently may also need clarification or repetition from the Court or may need to confer with one another regarding the process and will inform the Court if the need arises.
Should the Sign Language Interpreters be administered an Oath?
Yes. Sign Language Interpreters should be administered an Interpreter's Oath prior to the start of the proceedings and before counsel make their appearance for the record:
Suggested Interpreter's Oath
Do you solemnly swear or affirm that you will interpret accurately, completely and impartially, using your best skill and judgment in accordance with the standards prescribed by law and the Georgia Commission on Access and Fairness in the Courts Code of Professional Responsibility for Court Interpreters, follow all official guidelines established by this Court for legal interpreting, and discharge all of the solemn duties and obligations of legal interpretation?
The provision of an interpreter by an agency does not absolve the Court from determining whether an interpreter is qualified. Therefore, qualifying the interpreter at this time will ensure the interpreter's credentials, experience and skills are satisfactory to all parties. This bulletin contains a list of questions to consider when qualifying interpreters. Lastly, interpreters should disclose for the record any prior professional and/or social contacts with the person who is deaf.
What is American Sign Language (ASL)?
ASL is a naturally occurring language with its own distinct syntax, grammar and sentential structure. ASL is comparable in complexity and expressiveness to spoken languages. It is not a form of English. Most culturally deaf people regard ASL as their natural language, which reflects their cultural values and keeps their traditions and heritage alive. It is used mainly in North America.
How does the sign language interpreting process work?
Proceedings interpreters are on duty throughout the proceedings to interpret the proceedings and will function as Officers of the Court.
Counsel table interpreters may also be present during the proceedings. Seated between the attorney and client, the counsel table interpreter will interpret all communications between the attorney and client during the proceedings and will interpret as needed for other non-proceeding interchanges. Counsel table interpreters may or may not serve as monitors of the proceedings interpreters.
Proceedings interpreters are occasionally requested by the Court to also serve as interpreters for a deaf defendant and attorney or a deaf plaintiff/victim and prosecuting attorney. While this is not an ideal situation, interpreters, as officers of the Court, serve at the Court's discretion and will make every effort to accommodate the Court. However, there may be situations where serving in a dual capacity would be inappropriate or would pose a potential conflict of interest. If this is the case, the interpreters will inform the Court of the potential conflict.
When the interpreter addresses the Court, the interpreter will speak in third person in order to indicate for the record that it is the interpreter speaking. When a person who is deaf addresses the Court in sign language, the interpreter will interpret in spoken English and will use first person to indicate for the record that it is the person who is deaf speaking.
It is impossible to sign and speak at the same time when addressing the Court because American Sign Language (ASL) and English are grammatically dissimilar languages. Therefore, if working with a team interpreter, one interpreter will address the Court while the other interpreter will continue interpreting. Depending on the setting, bench conferences may be more appropriate and will be requested as necessary. Courts should hold all bench conferences on the record. If working alone, the interpreter will address the Court without signing. The person who is deaf will have been informed that this situation could occur.
The proceedings interpreters must maintain an appearance of neutrality at all times and avoid unnecessary discussions with counsel, parties, witnesses, and interested parties both inside and outside the courtroom. If others make this problematic for the interpreters, the interpreters will request assistance from the Court regarding possible instructions from the Court to the parties involved. In light of this requirement, the interpreters may need to have a room or place reserved to retire to during breaks to avoid unnecessary interaction with others.
At times, there will be information that is not interpreted such as the swearing in of the interpreters, sidebar conversations, and attorney-client discussions.
What are some of the logistical considerations?
Depending on the individual who is deaf and the specific situation, there may be particular linguistic and procedural issues, logistics, positioning, etc. that will need to be addressed with the Court during a brief, pre-trial conference.
Sign language interpreters are positioned in the courtroom differently from spoken language interpreters. Because ASL is a visual language, the interpreter must be placed in front of the person for whom they are interpreting. If a team of two interpreters has been appointed, the second interpreter will need to take a position in the sightline of the first interpreter, preferably behind and slightly to the side of the deaf individual. The interpreters request that they be allowed some time prior to the commencement of the proceedings for appropriate positioning to be determined. In doing so, the interpreters will make every effort to ensure that all sightlines in the well of the Court are preserved.
When two interpreters are working as a team, the support interpreter will relieve the working interpreter every twenty minutes or so. The interpreters will make every effort to do this during a natural pause and will do so as inconspicuously as possible. As happens when working between spoken languages, occasionally there will be a lack of direct equivalence between English and ASL. Consequently, the interpreter may require a longer period of time to provide an equivalent spoken or signed interpretation. Therefore, if the interpreter is still working after someone has stopped signing or speaking, it is usually a function of this linguistic process. Because of the visual nature of the interpreting process, the interpreters respectfully request that care be given when positioning exhibits or moving about the well of the courtroom to avoid impeding the sightlines.
What are the special considerations when interpreting for jury duty?
Interpreters for jury duty are present only to provide interpreting services during preliminary instructions, voir dire, and, upon empanelment, judicial proceedings, instructions, and deliberations. The interpreters are not a party in the case, have no interest in the case, and will remain completely neutral.
Interpreters are prohibited from being involved in any manner other than to provide interpreting services as noted above. Interpreters are not allowed to converse with any member of the jury panel outside of the interpreting process. Interpreters are prohibited from engaging in discussions about or commenting on the judicial process or proceedings. All questions will be referred to the appropriate court official.
During deliberations, interpreters are present to carry out their responsibilities and duties as Court Interpreters and Officers of the Court. Consequently, they are only permitted to interpret the conversations and discussions among jurors. They are not permitted to interject their opinions, thoughts or questions. They are not permitted to speak with any of the jurors on their own behalf. Their sole purpose in being present is to interpret.
Sign Language Interpreter's Code of Ethics*
The Registry of Interpreters for the Deaf, Inc. has set forth the following principles of ethical behavior to protect and guide interpreters and transliterators and hearing and deaf consumers. Underlying these principles is the desire to ensure for all the right to communicate.
This Code of Ethics applies to all members of the Registry of Interpreters for the Deaf, Inc. and to all certified non-members.
1. Interpreters/transliterators shall keep all assignment-related information strictly confidential.
2. Interpreters/transliterators shall render the message faithfully, always conveying the content and spirit of the speaker using language most readily understood by the person(s) whom they serve.
3. Interpreters/transliterators shall not counsel, advise or interject personal opinions.
4. Interpreters/transliterators shall accept assignments using discretion with regard to skill, setting, and the consumers involved.
5. Interpreters/transliterators shall request compensation for services in a professional and judicious manner.
6. Interpreters/transliterators shall function in a manner appropriate to the situation.
7. Interpreters/transliterators shall strive to further knowledge and skills through participation in workshops, professional meetings, interaction with professional colleagues, and reading of current literature in the field.
8. Interpreters/transliterators, by virtue of membership or certification by the RID, Inc., shall strive to maintain high professional standards in compliance with the Code of Ethics.
* As the National Association of the Deaf and Registry of Interpreters for the Deaf moves to create a new joint generalist interpreting test, the National Council on Interpreting (http://rid.org/nci.html) felt it was necessary to undertake a total review of ethical behavior among interpreters in order to create a new code of ethics. In 2002, a committee consisting of RID and NAD members was formed to begin the process of creating a new Code of Ethics for the interpreting profession that would reflect the changes in the field since the creation of the NAD and RID codes. The final draft is not yet completed.
Questions to Consider when Qualifying Sign Language Interpreters
1. State your full name and address.
2. Where are you presently employed?
3. What is your educational background?
4. How long have you known sign language?
5. Where did you learn American Sign Language?
6. Can you communicate fluently in American Sign Language (ASL)?
7. Are you certified? By whom? What is your certification called?
8. Please explain the certification process.
9. What formal interpreter training have you undertaken?
10. What formal legal interpreter training have you undertaken?
11. What knowledge and skill areas did you study?
12. How many times have you interpreted in court and in what kinds of situations have you interpreted?
13. Please explain the difference between interpreting and transliterating, and between interpreting and translation.
14. Are you active in any professional organizations?
15. What is the RID?
16. What is meant by minimal language skills?
17. How do you determine the language used by a person who is deaf?
18. Have you met the person who is deaf in this matter?
19. Were you able to establish communication?
20. How could you determine that you were being understood and that communication was established?
21. What language does the person who is deaf use?
22. How long will it take you to determine the language the person uses?
23. Would you consider this person to be ASL-English bilingual?
24. Is it possible to sign in ASL at the same time you are speaking in English?
25. As an interpreter, what are significant issues that affect your interpreting in court?
26. Will the interpretation you provide today be verbatim?
27. What process would you use to inform the Court of any errors in your interpretation?
28. Can you explain the difference between simultaneous and consecutive interpretation?
29. Please explain the major tenets of the Georgia Code of Professional Responsibility for Court Interpreters.
30. What does the term relay interpreter mean and what function does that person serve?
31. Why might a Certified Deaf Interpreter be more qualified to communicate with this person than you are?
32. Please explain to the Court how you will work with the relay interpreter.
Suggested Responses to Sign Language Interpreter Questions
3. What is your educational background?
An interpreter might have attended Interpreter Training Programs, taken sign language classes, studied interpreting/transliterating, American Sign Language, legal interpreting, etc. Degrees in interpreting are rare because of the lack of formal degree programs across the country.
4. How long have you known sign language?
It generally takes five years or more of formal study for a person to become fluent in any language. Fluency is not guaranteed when parents or family members are deaf. After one becomes fluent in American Sign Language, one must study to obtain the skills necessary to interpret. Being able to communicate with a person who is deaf is not equivalent to being able to interpret effectively and equivalently.
5. Where did you learn American Sign Language (ASL)?
Most interpreters have learned ASL through a combination of formal study, professional seminars and workshops, self-study, and interaction with adults who are deaf.
6. Can you communicate fluently in ASL?
Interpreters should be able to answer unequivocally yes.
7. Are you certified? By whom? What is your certification called?
Certified interpreters should be prepared to provide the Court with proof of certification and credentials along with a current Registry of Interpreters for the Deaf (RID) membership card.
8. Please explain the certification process.
There are two components to the current RID certification process. The written portion is a knowledge test, consisting of multiple-choice questions that test knowledge of interpreter ethics, history of interpreting, deaf culture, interpreting processes, business processes, etc. Once one passes the written test, he/she is then eligible to stand for a performance test. A videotaped stimulus is used and the candidate's performance is also videotaped. The candidate's tape is then copied and sent to evaluators who rate the performance on a pass-fail basis, following psychometrically valid and reliable criteria.
9. What formal interpreter training have you undertaken?
An interpreter might have taken formal courses on a college or university level without obtaining a degree, since degreed interpreting programs are not widely prevalent.
10. What formal legal interpreter training have you undertaken?
Formal legal interpreting training might take the form of seminars from professionals in the field of legal interpreting, self-study, collegial mentoring, court observations, reading, mentoring, study groups, and on-line legal interpreting courses.
11. What knowledge and skill areas did you study?
Legal terminology, how language is used in the courtroom, courtroom protocol, ethics in legal interpreting, how to interpret legal texts, and how people who are deaf use ASL to discuss legal topics might be listed.
12. How many times have you interpreted in court and in what kinds of situations have you interpreted? An interpreter should have had a variety of work experience in different courts with different cases over several years.13. Please explain the difference between interpreting and transliterating. Please explain the difference between interpreting and translation.
Interpreting is working between two different languages, such as ASL and English, or Spanish and English. Transliterating is working between different forms of the same language, such as spoken English and signed English. Translation refers to working with written documents in two different languages, such as a Petition for Temporary Protective Order being translated from written English into ASL.
14. Are you active in any professional organization?
Some of the professional organizations that interpreters might be involved with or be members of include the Registry of Interpreters for the Deaf (RID), the National Association of the Deaf (NAD) and the National Association of Judicial Interpreters and Translators (NAJIT).
15. What is the RID?
The Registry of Interpreters for the Deaf, Inc., (RID) is a national membership organization of professionals who provide sign language interpreting/transliterating services for deaf and hard of hearing persons. Established in 1964 and incorporated in 1972, RID is a tax-exempt, 501(c)(3), non-profit organization. RID advocates for the increased quality, qualifications, and quantity of interpreters through a triad of services: professional certification through a national testing system, professional development through a certification maintenance program and promoting a Code of Ethics through an Ethical Practices System.
16. What is meant by minimal language skills?
Minimal language skills or minimal linguistic competency refers to an individual who is deaf who, for a variety of reasons, has had limited exposure to formal language. He or she has no formal language skills and is not fluent in ASL or English. He or she also does not have an effective gestural communication form that can be used to give or receive information. Oftentimes, the communication skills that he or she has used to get by in society are compromised when contact with those who know that particular communication system, such as family members, is limited.
17. How do you determine the language used by a person who is deaf?
An interpreter should be able to respond with some of the grammatical and linguistic features that are indicative of what language or mode of communication a person who is deaf might use. For example, most interpreters look for linguistic features that would indicate the person uses ASL. Features such as subject-object-verb or time-topic-comment sentential structure; time and tense markers that are at or near the beginning of the utterances; adverbs and other grammar would take place on the face and not in separate signs; complex features such as sentential structure that incorporates topic-comment eyebrow markers; rhetorical question eyebrow markers; relative clause eyebrow and head-tilt markers; verbs would incorporate pronouns; and pronouns would be performed by eye-gaze and not by signs. Linguistic features which indicate whether a person uses a more English-like signing system might include features such as signs that follow English word order, more mouth movements that resemble spoken English and initializing of signs.
18. Have you met the person who is deaf in this matter?
Interpreters must meet the person who is deaf in order to establish communication. If the interpreter has had prior professional or social contact with the person who is deaf, this should be disclosed on the record and the interpreter questioned as to his or her ability to impartially interpret the proceedings. The interpreter should not disclose or be compelled to disclose details of any prior professional contact. In most situations, interpreters should not interpret for the proceedings and for defense and/or prosecution. If an interpreter has been initially and primarily appointed by the Court to interpret the proceedings, the interpreter is deemed an officer of the Court by that appointment. As such, that interpreter cannot interpret for the defense without breaching the privileged relationship between a defendant and his or her attorney. He or she cannot be an officer of the Court and be an agent of the attorney concomitantly. Real or perceived conflict of interest is also inherent in such a case. Additionally, an interpreter may be subject to prior knowledge unconsciously influencing one's interpreting, even though all due care and diligence is taken to not allow that to happen.
19. Were you able to establish communication?
Time must be allowed for the person who is deaf and the interpreter to establish communication and for the interpreter to describe his or her role and function in the Court proceedings. Ascertaining that communication is continuing during an interpreted event is an ongoing task, but communication groundwork must be established before the interpreted event begins.
20. How could you determine that you were being understood and that communication was established?
An interpreter should be able to succinctly explain how he or she makes the determination that communication has indeed been established. For example: When establishing communication, most interpreters follow a standard format by asking open-ended questions on a variety of unrelated topics such as educational background, weather, sports, deaf community events, current events and other neutral content areas. This time of interaction allows the interpreter and person who is deaf to get used to each other's signing and see if they can understand one another. Most interpreters particularly look for congruency in three areas: content, context, and affect. If content, context, and affect are congruent, then that result is indicative that communication has been established.
21. What language does the person who is deaf use?
The majority of interpreters are not linguists, but should be able to respond as to which language or sign system a person who is deaf predominantly uses.
22. How long will it take you to determine the language the person uses?
Interpreters generally cannot be specific concerning the amount of time necessary. If no communication difficulties arise, a reasonable amount of time would be necessary. However, if there were communication difficulties, then a considerable amount of time would be necessary.
23. Would you consider this person to be ASL-English bilingual?
Since most interpreters are not linguists, most interpreters would not and should not give an opinion. If an interpreter were indeed a professional linguist, then the determination of whether a person who is deaf is ASL-English bilingual would normally require more time and additional resources, including the opportunity to study the written English of the person who is deaf.
24. Is it possible to sign in ASL at the same time you are speaking in English?
No. English and ASL are two different languages and each has a very different syntax. Trying to use both languages simultaneously would be like trying to speak in Spanish and sign in French. It just can't be done. An interpreter should generally not respond to questions from Court personnel in spoken English while signing his or her responses to the person who is deaf.
25. As an interpreter, what are significant issues that affect your interpreting in Court?
Generally, lack of accessibility to the case file in order to prepare is a major issue. Technically, placement, lighting, and acoustics will have a major impact on interpreting. Speed of the spoken discourse, such as when someone reads from a text, could present difficulties. Physical and mental exhaustion will have an impact as well.
26. Will the interpretation you provide today be verbatim?
The question about the interpretation being verbatim usually goes to the question of whether the interpretation will be accurate. Interpreters normally take an oath that attests that they will faithfully and accurately interpret all the proceedings before the court. An interpreter's goal is to preserve the integrity of the record by faithfully and accurately conveying the source message in the target message in an appropriate manner, retaining the mood, tone, nuances, and meaning of the speaker. Actually, there is no such thing as a verbatim or word-for-word interpretation since there are few word-for-word equivalents between any two languages. The differences between the languages require interpreters to find dynamic equivalents. Therefore, there is equivalence in meaning, but it is not verbatim.
27. What process would you use to inform the Court of any errors in your interpretation?
An interpreter should be able to respond that he or she will notify the Court as soon as errors are made or realized, regardless of when that occurs, by addressing the bench either in open court or if deemed necessary by requesting to approach the bench.
28. Can you explain the difference between simultaneous and consecutive interpretation?
Simultaneous interpreting occurs at the same time someone is speaking or signing, i.e. someone is speaking in spoken English and the interpreter is interpreting in ASL at the same time. Thus, two languages are used simultaneously. Consecutive interpreting occurs during consecutive time segments, i.e. the interpreter watches someone signing in ASL and when the person stops signing, the interpreter will begin interpreting in spoken English so that only one language is being used at a time.
29. Please explain the major tenets of the Georgia Code of Professional Responsibility for Court Interpreters.
Interpreters working in judicial settings should also have a working knowledge and understanding of the Georgia Commission on Access and Fairness in the Courts Code of Professional Responsibility for Court Interpreters.
30. What does the term relay interpreter mean and what function does that person serve?
A relay interpreter might or might not be a Certified Deaf Interpreter (CDI), who is an individual who is deaf or hard of hearing and has been certified by the Registry of Interpreters for the Deaf as an interpreter. However, in addition to excellent general communication skills and general interpreter training, the relay interpreter may also have specialized training and/or experience in use of gesture, mime, props, drawings and other tools to enhance communication. The relay interpreter usually has an extensive knowledge and understanding of deafness, the deaf community, and/or deaf culture which combined with excellent communication skills, can bring added expertise into both routine and uniquely difficult interpreting situations.
31. Why might a Certified Deaf Interpreter be more qualified to communicate with this person than you are?
A Certified Deaf Interpreter might be more qualified when the communication mode of a person who is deaf is so unique that it cannot be adequately accessed by interpreters who are hearing. Some such situations may involve individuals who: use idiosyncratic non-standard signs or gestures such as those commonly referred to as home signs which are unique to a family; use a foreign sign language; have minimal or limited communication skills; are deaf-blind or deaf with limited vision; use signs particular to a given region, ethnic or age group; and/or have characteristics reflective of deaf culture not familiar to hearing interpreters.
32. Please explain to the Court how you will work with the relay interpreter.
In the CDI/hearing interpreter team situation, the CDI transmits message content between a deaf consumer and a hearing interpreter; the hearing interpreter transmits message content between the CDI and a hearing consumer. While this process resembles a message relay, it is more than that. Each interpreter receives the message in one communication mode (or language), processes it linguistically and culturally, and then passes it on in the appropriate communication mode. In even more challenging situations, the CDI and hearing interpreter may work together to understand an individual's message, confer with each other to arrive at their best interpretation, and then convey that interpretation to the hearing party.
Resources for Sign Language Interpreters
Georgia Administrative Office of the Courts
Stephanie Chambliss
Program Director
244 Washington Street S.W.
Atlanta, GA 30334-5900
(404) 463-3927
Fax: (404) 651-6449
E-mail: chamblis@gaaoc.us
Web: http://www.georgiacourts.org
Registry of Interpreters for the Deaf, Inc.
333 Commerce Street Alexandria, VA 22314
(703) 838-0030
http://rid.org/
The National Center for State Courts
ADA Resource Center for State Courts
300 Newport Avenue
Williamsburg, VA 23185
(757) 259-7590
Fax: (757) 564-2075
Web: http://www.ncsconline.org
U.S. Department of Justice
950 Pennsylvania Avenue, NW
Civil Rights Division
Disability Rights Section - NYAV
Washington, D.C. 20530
(800) 514 -0301
Fax: (202) 307-1198
Web: http://www.usdoj.gov/crt/ada/
American Bar Association
Commission on Mental and Physical Disability Law
740 15th Street, N.W.
Washington, DC 20005-1019
(202) 662-1000
E-mail: www.cmpdl@abanet.org
Interpreting Services:
Georgia Interpreting Service Network (GISN)44 Broad Street, NW
Suite 503
Atlanta, GA 30303
(404) 521-9100 v/tty
Don Clark and Associates
4651 Woodstock Rd, Suite 208
Woodstock, GA 30075
(770) 926-1667
Fax: (770) 926-5974
Eagle Interpreting Services, Inc.
P. O. Box 727
Roswell, GA 30077
(770) 993-3768
(678) 427-7586
Sign Language Interpreting Specialists, Inc. (SLIS)
130-C John Morrow Parkway
Gainesville, GA
(770) 531-0700
(770) 287-9479 (TTY)
(843) 763-3890
(out of South Carolina)
© Georgia Commission on Access and Fairness in the Courts, December 2004
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