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Courts Struggle With Language Needs
Courts Struggle With Language Needs

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AIR DATE: May 9, 2012

The Latino population in Nevada boomed and with it so did the need for Spanish speaking court interpreters. Thirty percent of caseloads handled by public defenders in Las Vegas are made up of cases with Spanish speaking clients but that office can't afford to hire more than one staff interpreter.

Clark County recently cut pay for contract Spanish interpreters by 28 percent prompting some of them to work less at the court and more in the private sector to compensate for lost wages.

A lack of court interpreters presents unique challenges for courts and people who rely on accurate language translation for civil and criminal cases. When simple phrases or complicated legal jargon aren't interpreted correctly it could mean the difference between years in prison or a wrongful conviction.

Learning to be a court interpreter isn't an easy task and simply being bilingual usually isn't enough to do the job effectively. Nevada requires interpreters to complete a long list of requirements to become an interpreter. We talk with three court interpreters about what their job entails.

GUESTS
Judy Jenner, Pres, NV Interpreter and Translator Association
Cristina Sanchez, certified Nevada court interpreter
Carol Partiguian, certified Nevada court interpreter
Laura Abel, deputy director, National Center for Access to Justice
Jude Joffe-Block, reporter, Fronteras: Changing America Desk

__________________________________________________

Growing Language Needs a Challenge for Nevada Justice System

by Jude Joffe-Block

— On a recent afternoon, Carol Partiguian rushed over to an appointment at the Clark County jail downtown. She the only Spanish language interpreter in the county public defender’s office, which means she is usually in a hurry.

“With a hundred-plus attorneys that we have in the office, it is very hard for one person to be able to help everybody,” Partiguian said.

Last year alone those hundred-plus public defenders handled roughly 4,000- 5,000 cases with Spanish-speaking defendants — about 30 percent of their caseload. They need more staff interpreters, but there aren’t the funds.

As the number of people who primarily speak a foreign language grows across the country, it is a challenge for public services to keep up with translation needs.

In Nevada, that strain is particularly evident in the state’s cash-strapped court system.

While dozens of foreign languages are spoken by people in Nevada, Spanish is the most common. Nationally, the number of people in the U.S. who speak Spanish at home doubled to 35 million between 1990 and 2009, according to U.S. census data.

Once inside the jail, Partiguian waits in a small room with public defender Steve Yeager while a guard brings in his client.

“We really wouldn’t really have that much to talk about if Carol wasn’t here,” Yeager said. “I speak some Spanish but obviously not fluently, it probably would just leave us looking at each other trying to communicate.”

The inmate, a young woman, comes in the room wearing a blue uniform. Partiguian jumps in — switching from Spanish to English, English to Spanish — trying to use the equivalent words in each language.

The client’s sentencing is coming up, and Yeager asks her if she has already been interviewed by the probation office. Partiguian interprets her response.

“Yes, the detail was that when they were interviewing me, they had the paper of another person. It wasn't my paper,” Partiguian interpreted in English.

“They had the wrong person?” Yeager asked in English, which Partiguian then translated.

“Yes, they said that they arrest me in El Paso, Texas and that I had possession of marijuana,” Partiguian interpreted in English. “That’s not me.”

It is a mistake that the attorney can get fixed. But the exchange shows the kind of critical errors that could plague a case if attorney and client can’t properly communicate.

Afterwards, Partiguian explains that is why she does what she does.

“If I were in a country where I didn’t speak the language, and I had been accused of something, I would like somebody to be able to help me understand what my attorney is saying,” Partiguian said.

Essentially, she is an intermediary in the sacred lawyer-client relationship. The stakes are high, since any mistakes she makes can have real consequences.

But there isn’t much time to think about that now — Partiguian has to get to her next appointment.

“If I am late, all the others will be late,” she said. “If I cannot make it, they will call the court interpreter’s office.”

Certified court interpreters who work in the courtrooms routinely fill in for Partiguian. But they are experiencing their own resource crunch. Due to budget cuts, the 20 Spanish interpreters who contract with the county recently got a 28-percent pay cut to their hourly wage.

“When I work, I need to be paid the rate that this is worth,” said Judy Jenner, a certified Spanish court interpreter, and president of the Nevada Interpreters and Translators Association.

Jenner points out that court interpreters — who do grueling simultaneous interpretation — must train to master the skill. The exam to be a certified court interpreter in Nevada has a first-time pass rate of less than 10 percent.

“I think that the rate that Clark County is willing to pay now stands in no relation to the expertise that you need to do this job,” Jenner said.

Jenner is among a handful of interpreters who refused to sign the new contract with Clark County. Others say they are deliberately cutting back their hours in court to work in the private sector, which can pay three times more.

But in the meantime, the need for their services isn’t going away.

“The reality of America in 2012 is we have these people who don’t speak the language,” Jenner said. “How are you going to give them access? Interpreting is the only way until someone invents a robot where you push a button and out comes the interpreting.”

There are no robots yet. And if there are fewer qualified court interpreters, the already maxed-out court system can expect more delays.


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COMMENTS:
Instead of jangling about "undercutting", look at who's undercutting who. We certified court interpreters in Nevada operate in a regulatory void; unlike you assert, there's no obligation to use qualified interpreters here. As hugely underpaid as we already are, we are thus also undercut by the use of non-certified "colleagues". This is an unsustainable business model. Hence, the rising need to cooperate and form a business lobby to press our case before pertinent authorities.
Alvaro Degives-MasMay 5, 2012 21:50:58 PM
The guest misconstrued the topic of equal access. The constitution requires equal access for criminal cases. The state HAS to provide interpreters in criminal court. Civil court does not apply. The guests might not be the ones in court in Nevada courts, but the courts will have to continue to have qualified interpreters in court. But in needs to be decided on best value, not the self serving interest of the interpreters union or the guests financial interest. I'm disappointed the conversation did not shine light on the issue of interpreters needing to think as business people, not as employees.
Edwin CanizalezMay 4, 2012 10:10:39 AM
As a guest on today's segment, I would like to provide a quote from a letter dated August, 2010 from Assistant US Attorney General Thomas E. Perez as well as a link to the entire letter. With all do respect, knowing the reputation of my fellow guests, no one placed financial gain above the essence of the conversation. We are operating on the facts, as they exist. Rob Cruz " I. Limiting the types of proceedings for which qualified interpreter services are provided by the court. Some courts only provide competent interpreter assistance in limited categories of cases, such as in criminal, termination of parental rights, or domestic violence proceedings. 001, however, views access to all court proceedings as critical. The 001 Guidance refers to the importance of meaningful access to courts and courtrooms, without distinguishing among civil, criminal, or administrative matters. See DOJ Guidance, 67 Fed. Reg. at 41 ,462. It states that "every effort should be taken to ensure competent interpretation for LEP individuals during all hearings, trials, and motions," id. at 41,471 (emphasis added), including administrative court proceedings. Jd. at 41 ,459, n.5." http://www.lep.gov/final_co
Rob CruzMay 4, 2012 15:58:35 PM
I feel the conversation your are conducting provides a fair overview of the work interpreters do but is not addressing the main issue which is basic business mgnt. Whether you are working at the federal level or the local level, interpreter need to think more as business people and less as employees. Interpreters work as independent contractors but fail to understand that fees are dependent on funding. I have managed large language contracts and the federal level (such as DOJ and DHS) as well as international contracts (such as the National Health system in the UK). As a contract manager, I have to evaluate which contracts my company should go after and which ones it should not. As a tax payer, I expect the government to use tax payer money to look at "best value" when contracting independent contractors. Best value is based on price and expertise. Interpreters need to learn the concept of best value and adjust their fees. Otherwise they risk other qualified interpreters undercutting their workload. This happens in ALL professions (nursing, law, etc.); it's the nature of capitalism.
Edwin CanizalezMay 4, 2012 10:07:37 AM
All too often, gubmint mistakes lower expenditure for better value, and tax payers end up with a worse deal. In UK they made that mistake hiring an agency to run court interpreting. The court interpreters doing the actual work are paid less, so paper pushing bureaucrats at ALS can get unproductive salaries, while hearings go wrong left and right because the bureaucrats can't allocate resources properly. It's why capitalism needs regulation, and government supply companies tight scrutiny.
Alvaro Degives-MasMay 5, 2012 21:25:14 PM
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