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NEW MEXICO’S FIRST CERTIFIED COURT INTERPRETERS’ CONFERENCE

“LEARNING FROM EACH OTHER”

FRIDAY, OCTOBER 10, 2008


SANTA FE, NEW MEXICO

AGENDA
Pre-Conference Activities

3:30 p.m.- 5:30 p.m. Conference Registration


Cumbre Vista Room, Courtyard by Marriott, Santa Fe

4:00 – 5:30 p.m. Sound Off Session: Share Your Thoughts About -
• Scheduling
• Qualifying Non-Certified Interpreters
• Languages Other than Spanish
• Performance Evaluation
• Other Issues
Pam Sánchez, Statewide Program Manager, Court Interpreter & Jury
Services

5:30 – 7:30 p.m. Interpreters’ Reception and Networking


Hors D’oeuvres, Complimentary Non-Alcoholic Beverages
No Host Bar
NEW MEXICO’S FIRST CERTIFIED COURT INTERPRETERS’ CONFERENCE

“LEARNING FROM EACH OTHER”


SATURDAY, OCTOBER 11, 2008
SANTA FE, NEW MEXICO

AGENDA

8:30- 9:00 a.m. CONFERENCE REGISTRATION AND BREAKFAST


Cumbre Vista Room

9:00-9:15 a.m. WELCOMING REMARKS


Justice Patricio Serna, New Mexico Supreme Court and Court Interpreter
Advisory Committee

9:15 a.m. – 9:30 a.m. CONFERENCE OVERVIEW/HOUSEKEEPING DETAILS


Magdalena Giron, Conference Mistress of Ceremonies, Certified Court
Interpreter and Conference Planning Committee

9:30 –11:00 a.m. PLENARY SESSION: Ethics: Team Interpreting


Michael Kagan, Federally Certified Court Interpreter, US District Court,
Albuquerque; previously staff interpreter with the Massachusetts Court
Interpreter Program

Koko Chino, Director, Interpreter Services, Community Outreach Program


for the Deaf

11:15 a.m. – 12:15 p.m. PLENARY SESSION: Sound Files: How To Deal With Sound Files, How
To Create Realistic Expectations among the Judiciary

Rafael Carrillo, Federally Certified Court Interpreter, US District Court, Las


Cruces

12:15 p.m. - 1:30 p.m. LUNCH AND KEY NOTE ADDRESS

Introduction – Sandra Caldwell, Chair, NM Court Interpreter Advisory Committee


COURT INTERPRETERS: ASSURING JUSTICE IS A COMMUNITY PROJECT
Edward L. Chávez, Chief Justice New Mexico Supreme Court
NEW MEXICO’S FIRST CERTIFIED COURT INTERPRETERS’ CONFERENCE

“LEARNING FROM EACH OTHER”


SATURDAY, OCTOBER 11, 2008
SANTA FE, NEW MEXICO

AGENDA

1:45 p.m. – 3: 00 p.m. PLENARY SESSION: Working with the NES Juror – Considerations and
Best Practices Panel
Moderator, Lin Marksbury, Community Outreach Program for the Deaf
Panel Members:
Rosa Lopez-Gaston, Staff Interpreter and Supervisor of Interpreter
Services, 2nd District Court Albuquerque
Jamie Boling, Jury Manager, 1st District Court,Santa Fe
Robert Felton, Certified Interpreter, Doňa Ana Magistrate Court, Las
Cruces
Shoshanah Epstein, federally certified ASL court interpreter holding a
Legal Specialist Certificate from the Registry of Interpreters for the
Deaf

3:15 – 4:15 p.m. PLENARY SESSION: Telephonic and Video Interpreting –

Chandler Thompson, US District Court, Las Cruces, Federally Certified Court


Interpreter
Koko Chino, Director, Interpreter Services, Community Outreach Program
for the Deaf

4:15 – 4:30 p.m. SOUND OFF SESSION


Input on Topics for Next Conference and Ongoing Educational
Opportunities with Magdalena Giron, Certified Court Interpreter, Las
Cruces, New Mexico

4:30 p.m. – 5:00 p.m. PLENARY SESSION: Closing Remarks – What’s Next?
Pam Sánchez, Statewide Program Manager, Court Interpreter & Jury
Services

Recognition, Thanks, and Door Prizes


NEW MEXICO’S FIRST CERTIFIED COURT INTERPRETERS’ CONFERENCE
“LEARNING FROM EACH OTHER”
OCTOBER 11, 2008

Information about the Presenters


(In Order of Appearance)

Magdalena Giron, Mistress of Ceremonies


Ms. Giron became certified as a Court Interpreter in 1999. She has a B.A. degree in
Criminal Justice Administration from the University of Phoenix and Associate Degrees in
Criminal Justice and Legal Assistance from New Mexico State University. She is a free-
lance interpreter and works frequently in the Doña Ana Magistrate Court in Las Cruces
and the Council of Judges in El Paso, Texas. She is a member of the National
Association for Judiciary Interpreters & Translators and Vice President of El Paso
Interpreters and Translators Association. She is a member of the Conference Planning
Committee.

Justice Patricio M. Serna, NM Supreme Court


Patricio M. Serna is currently a Justice of the New Mexico Supreme Court, having been
sworn in on December 5, 1996. He served as Chief Justice during 2001 and 2002. He
was appointed as a District Court Judge to the First Judicial District in Santa Fe and
served for over 11 years, from 1985 until 1996. This service included a term as Chief
Judge and also a term as President of the New Mexico District Judges Association.
Justice Serna earned a Bachelor of Science degree in Business Administration from the
College of St. Joseph on the Rio Grande, a Juris Doctor degree from the University of
Denver School of Law, a Master of Laws degree from Harvard Law School, and an
honorary Doctor of Laws Degree from the University of Denver School of Law.
Among his awards and honors, he was named one of Hispanic Business Magazine’s 100
Most Influential Hispanics in America, received the Judge of the Year Award from the
National Hispanic Bar Association. He is a former President/Moderator of the National
Consortium on Racial and Ethnic Fairness in the Courts and remains on the Board of
Directors. In 2006, the Justice received the Excellence in Jurisprudence award from the
University of New Mexico Law Review. Also in 2006, he was appointed to the Board of
Advisors for the Institute for the Advancement of the American Legal System, University
of Denver.

Michael Kagan, U.S. District Court, Albuquerque


Michael Kagan is an Official Spanish Interpreter for the District of New Mexico,
currently residing in Albuquerque. Previously he spent three years as a Staff interpreter
with the Federal Public Defender in Los Angeles, California. Before that he was a Staff
interpreter in Massachusetts where he is currently a consultant. He has a Joint BA from
the Hebrew University of Jerusalem in Latin American Studies and Philosophy, and a
Joint Masters Degree from Brandeis University in Middle Eastern Studies and Education.
He also has a cooking degree from the Cambridge School for Culinary Arts. He has
taught interpreting at the University of Massachusetts in Boston, and has made
presentations and trained interpreters in around the country. His main interests in the field
are in theory and ethics of interpretation.

Yoshiko ‘Koko’ Chino, Community Outreach Program for the Deaf


Ms. Chino is the Interpreting Program Director at the Community Outreach Program for
the Deaf in Albuquerque, NM. She holds a Bachelor of Sciences in Signed Language
Interpreting from the University of New Mexico and the Registry of Interpreters for the
Deaf (RID) certifications of Certificate of Interpretation (CI) and the Certificate of
Transliteration (CT). Ms. Chino is the past president of the NM Registry of Interpreters
for the Deaf, the founding chair for the New Mexico Mentoring (NMM) Program and a
former member of the NM Interpreter Licensure Task Force. She also contributes to the
profession of signed language interpreting, such as through service as Co-Chair for the
national RID Video Interpreting Committee. Ms. Chino is a member of the Conference
Planning Committee.

Rafael Carillo, U.S. District Court, Las Cruces


Rafael Carrillo is federally certified and licensed in Texas, is a member of NAJIT, ATA,
and El Paso Interpreters and Translators Association. He was a staff interpreter in the
Western District of Texas, and is currently employed as a staff interpreter in the Federal
Court in New Mexico. He has 12 years of experience interpreting and translating for
federal, state, and administrative courts and has been a consultant and expert witness for
numerous government agencies. Additionally, Mr. Carrillo has participated in
international conferences on international cooperation between the U.S. and Mexico.

Chief Justice Edward L. Chávez, NM Supreme Court


Chief Justice Chávez, born in Santa Fe, New Mexico, has served on the New Mexico
Supreme Court since March 7, 2003. His colleagues elected him Chief Justice on
January 10, 2007. Chief Justice Chávez received his B.B.A. back east from Eastern New
Mexico University in 1978, and received his Juris Doctorate from the University of New
Mexico School of Law in 1981. He volunteer teaches at UNM School of Law as an
Adjunct Instructor in Trial Practice and Evidence. Some of his recognitions include
being an elected member of the American Law Institute, a Fellow in the American
College of Trial Lawyers, and the International Academy of Trial Lawyers.

Sandra Caldwell, Third District Court, Las Cruces


Sandra Caldwell is a Certified Court Interpreter for the State of New Mexico, licensed to
practice in Texas and has been in private practice in Las Cruces, since certifying in July
of 1997. Sandra has a Bachelor's Degree from New Mexico State University in English
and Spanish. Her daughter is currently a senior at New Mexico State and, upon
graduation, they will be the first mother/daughter to graduate from the same university in
her family. Sandra is the interpreter in charge of administering the contract for the Third
Judicial District Court in Las Cruces, where she counts on an awesome team of
interpreters from New Mexico and Texas to cover all the assignments and jury trials with
Non-English speakers that come through the Third at the District Court level. Sandra has
served as a member of the New Mexico Court Interpreter Certification training and
testing team and as Chair of the NM Court Interpreter's Advisory Committee appointed
by the NM Supreme Court. Most of all, Sandra is just happy to be here and be a part of
this amazing and rewarding profession.

Lin Marksbury, Community Outreach Program for the Deaf


Lin Marksbury is the Agency Director for Community Outreach Program for the Deaf
(COPD) in Albuquerque, New Mexico. Lin has a Master’s Degree from the University of
Arizona in Rehabilitation Counseling for the Deaf and has worked as a Sign Language
Interpreter, Mental Health Counselor, and Administrator since 1982. COPD is a state and
federally funded program of social-support services with four programs: Vocational
Counseling and Placement; Case Management; Interpreter Referral; and the Deaf Culture
Center (DCC) a community center for Albuquerque’s Deaf and hard of hearing
communities. Mr. Marksbury is a member of the Conference Planning Committee.

Jamie Bolton, First Judicial District Court


Ms. Bolton is Jury Manager for the First District Court in Santa Fe. She has worked in
jury services for over six years.

Robert Felton, Doña Ana Magistrate Courts


Mr. Felton has worked as a New Mexico Certified Interpreter since December of 1999.
Currently he works as the Interpreter Coordinator at the Doña Ana Magistrate Court in
Las Cruces New Mexico. He has experience at both the District and Magistrate Court
levels with NES Jurors from the time New Mexico started providing interpreting services
to these jurors. Mr. Felton is a member of the Conference Planning Committee.

Rosa López-Gastón, Second Judicial District Court


Ms. López-Gastón has worked as an interpreter and translator for over 15 years. She
became a New Mexico State Certified Court Interpreter in 2001 and was certified by the
American Translators Association in 2003. She holds a Master’s degree and has
completed her coursework and examinations for a Doctoral degree in International
Studies. She is currently the Court Interpreter Supervisor at New Mexico’s Second
Judicial District Court in Albuquerque, N.M.

Shoshanah Epstein, Interpreter for the Deaf


Shoshanah D. Epstein, CI, CT, SC:L, is a federally certified ASL court interpreter
holding a Legal Specialist Certificate from the Registry of Interpreters for the Deaf.
Graduated from an interpreter training program at Seattle Central Community College in
1997, awarded a certificate of interpretation and a certificate of transliteration in 1999,
interpreted full-time in Washington, California, and New Mexico until 2006. Now a
third-year honors law student and Constitutional Law Fellow at UNM School of Law and
a part-time freelance interpreter specializing in legal settings. Will graduate with J.D.
May of 2009 and plan to take the Bar exam in July 2009.

Chandler Thompson, U.S. District Court, Las Cruces


Mr. Thompson graduated from Yale in 1962 after completing his junior year in Spain.
He served in the Peace Corps in Colombia in 1963/64, followed by occasional contract
conference/seminar/escort interpreting for U.S. Dept. of State, 1960s through 1990s. He
worked for Agence France-Press as a translator/journalist in Paris & Saigon from 1967-
1969. In 1975 her received his M.A. in English/Portuguese comparative literature 1975
from New Mexico State. He did freelance journalism, interpreting, translating &
technical writing in 1970s. In 1980 he achieved his federal certification as a Court
Interpreter Certification 1980 and worked with US. Court in El Paso from 1980 to 1984.
Returning to the Court in 1989 after working as a reporter for the El Paso Times, 1987-
1989. He currently works at the US District Court in Las Cruces, where he started the
U.S. Court Telephone Interpreting Program. He is also working with the Virginia
Quarterly Review doing literary translations for a special issue on South America.

Pam Sánchez
Pam began work with AOC as Statewide Program Manager for Court Interpreter and Jury
Services in May 2008. She worked previously as senior planner and staff manager with
the New Mexico Behavioral Health Collaborative. She holds a Masters in Social Work
from the University of Washington and has over 25 years in non-profit and government
leadership, including management roles with County, State and Tribal Governments. As
Director of Volunteer and Community Resources with the American Red Cross in Seattle
she oversaw the agency’s International Services Program, including the Language Bank
with over 200 volunteer interpreters representing over 80 languages. Ms. Sánchez has
provided staff support to the Conference Planning Committee.
Ethics:
Team Interpreting

Scenarios
Scenario on Team Interpreting:
Requesting a Team

„ Trial, full one day and possibly longer


„ Assault with a deadly weapon (knife)
„ Defendant needs interpretation

„ You are contracted to interpret


„ You have done research on the case, and
believe you are prepared for this trial.
Scenario on Team Interpreting:
Requesting a Team
„ When you arrive at the hearing, informed that you will be only interpreter.
„ Not only the defendant, but a witness also needs interpretation.
„ Your code of ethics, as well as physical/mental limitations, dictate a team
(or team of several interpreters).

„ You, as the interpreter, inform the court that a team is needed. Your request
is denied, and the judge orders you to perform the interpreting.
„ If you refuse, the judge will hold you in contempt and has stated that they
will use a family member to interpret for all parties.

„ What do you do?


Scenario on Team Interpreting:
Requesting a Team
„ What is the ideal number and set up for team
interpreters in this setting; what roles do they
play?
„ How did you approach the judge?
„ What did you say, and what resources did you
use?
„ Did you decide to stay and interpret, or accept
the consequence of being held in contempt?
„ Why did you make this decision?
Scenario on Team Interpreting:
Requesting a Team
„ Taking the course of action that you
determined….

… What are the implications for your future work with


that interpreter?
… What are the implications for the case?
… What are the implications for the profession?
… What did the court/attorney learn about interpreters?
Scenario on Team Interpreting:
Error
„ You are interpreting for a divorce case
„ The term of “child” is interpreted as “son”

„ A bilingual attorney informs the court that they


believe there was an important factual mistake in
the interpretation. While the couple has a son,
the attorney believes the reference was to the
daughter.
Scenario on Team Interpreting:
Error
„ The active interpreter asserts that they did
not make an error.
„ You, the passive interpreter, agree with
the attorney.

„ How do you, the passive interpreter,


proceed?
Scenario on Team Interpreting:
Error
„ Taking the course of action that you
determined….

… What are the implications for your future work with


that interpreter?
… What are the implications for the case?
… What are the implications for the profession?
… What did the court/attorney learn about interpreters?
National Association of Judiciary Interpreters & Translators

Code of Ethics and Professional Responsibilities

n Preamble

M
any persons who come before the courts are non- appearance of impartiality and neutrality, avoiding unnecessary
or limited-English speakers. The function of court contact with the parties. Court interpreters and translators shall
interpreters and translators is to remove the language abstain from comment on matters in which they serve. Any real
barrier to the extent possible, so that such persons’ access to or potential conflict of interest shall be immediately disclosed to
justice is the same as that of similarly-situated English speakers the Court and all parties as soon as the interpreter or translator
for whom no such barrier exists. The degree of trust that is placed becomes aware of such conflict of interest.
in court interpreters and the magnitude of their responsibility
necessitate high, uniform ethical standards that will both guide Canon 3. Confidentiality
and protect court interpreters in the course of their duties as well Privileged or confidential information acquired in the course of
as uphold the standards of the profession as a whole. interpreting or preparing a translation shall not be disclosed by
the interpreter without authorization.
While many ethical decisions are straightforward, no code
of ethics can foresee every conceivable scenario; court inter­ Canon 4. Limitations of Practice
preters cannot mechanically apply abstract ethical principles to Court interpreters and translators shall limit their parti­ci­
every situation that may arise. This Code is therefore intended pation in those matters in which they serve to interpreting and
not only to set forth fundamental ethical precepts for court translating, and shall not give advice to the parties or otherwise
interpreters to follow, but also to encourage them to develop engage in activities that can be construed as the practice of law.
their own, well-informed ethical judgment.
Canon 5. Protocol and Demeanor
nApplicability Court interpreters shall conduct themselves in a manner
All NAJIT members are bound to comply with this Code. consistent with the standards and protocol of the court, and
shall perform their duties as unobtrusively as possible. Court
Canon 1. Accuracy interpreters are to use the same grammatical person as the
Source-language speech should be faithfully rendered into the speaker. When it becomes necessary to assume a primary role
target language by conserving all the elements of the original in the communication, they must make it clear that they are
message while accommodating the syntactic and semantic speaking for themselves.
patterns of the target language. The rendition should sound
natural in the target language, and there should be no distortion Canon 6. Maintenance and Improvement of Skills and Knowledge
of the original message through addition or omission, explanation Court interpreters and translators shall strive to maintain and
or paraphrasing. All hedges, false starts and repetitions should improve their interpreting and translation skills and knowledge.
be conveyed; also, English words mixed into the other language
should be retained, as should culturally-bound terms which have Canon 7. Accurate Representation of Credentials
no direct equivalent in English, or which may have more than Court interpreters and translators shall accurately represent
one meaning. The register, style and tone of the source language their certifications, accreditations, training and pertinent
should be conserved. experience.

Guessing should be avoided. Court interpreters who do not hear Canon 8. Impediments to Compliance
or understand what a speaker has said should seek clarification. Court interpreters and translators shall bring to the Court’s
Interpreter errors should be corrected for the record as soon as attention any circumstance or condition that impedes full
possible. compliance with any Canon of this Code, including interpreter
fatigue, in ability to hear, or inadequate knowledge of
Canon 2. Impartiality and Conflicts of Interest specialized terminology, and must decline assignments under
Court interpreters and translators are to remain impartial and conditions that make such compliance patently impossible.
neutral in proceedings where they serve, and must maintain the

National Association of Judiciary Interpreters & Translators • 603 Stewart St., Suite 610 • Seattle, WA 98101
Tel: 206-267-2300 • Fax: 206-626-03928 • Email: headquarters@najit.org
Code of Professional Responsibility
New Mexico Court Interpreters

Certified court interpreters are highly skilled professionals who fulfill an essential role in the
administration of justice and in the protection of the 4th and 6th Amendment rights for non-
English speaking persons. In their capacity as officers of the court, court interpreters are bound
to a professional code of ethics to ensure due process of law.

Canon 1 Official court interpreters act strictly in the interests of the court they serve.

Canon 2 Official court interpreters reflect proper court decorum and act with dignity and
respect to the officials and staff of the court.

Canon 3 Official court interpreters avoid professional or personal conduct which would
discredit the court.

Canon 4 Official court interpreters, except upon court order, shall not disclose any
information of a confidential nature about court cases obtained while performing
interpreting duties.

Canon 5 Official court interpreters respect the restraints imposed by the need for
confidentiality and secrecy as protected under applicable federal and state law.
Interpreters shall disclose to the court, and to the parties in a case, any prior
involvement with that case, or private involvement with the parties or others
significantly involved in the case.

Canon 6 Official court interpreters undertake to inform the court of any impediment in the
observance of this Code or of any effort by another to cause the Code to be
violated.

Canon 7 Official court interpreters work unobtrusively with full awareness of the nature of
the proceedings.

Canon 8 Official court interpreters fulfill a special duty to interpret accurately and
faithfully without indicating any personal bias, avoiding even the appearance of
partiality.

Canon 9 Official court interpreters maintain impartiality by avoiding undue contact with
witnesses, attorneys, litigants and their families, and any unauthorized contact
with jurors. This should not limit, however, those appropriate contacts necessary
to prepare adequately for their assignment.

Canon 10 Official court interpreters refrain from giving advice of any kind to any party or
individual and from expressing personal opinion in a matter before the court.
Canon 11 Official court interpreters perform to the best of their ability to assure due process
for the parties, accurately state their professional qualifications, and refuse any
assignment for which they are not qualified or under conditions which
substantially impair their effectiveness.

They preserve the level of language used, and the ambiguities and nuances of the
speaker, without any editing. Implicit in the knowledge of their limitations is the
duty to correct any error of interpretation, and demonstrate their professionalism
by requesting clarification of ambiguous statements or unfamiliar vocabulary and
to analyze objectively any challenge to their performance. Interpreters have the
duty to call to the attention of the court any factors or conditions which adversely
affect their ability to perform adequately.

Canon 12 Official court interpreters accept no remuneration, gifts, gratuities, or valuable


consideration in excess of their authorized compensation in the performance of
their official interpreting duties. Additionally, they avoid conflict of interest or
even the appearance thereof.

Canon 13 Official court interpreters support other official interpreters by sharing knowledge
and expertise with them to the extent practicable in the interests of the court, and
by never taking advantage of knowledge obtained in the performance of official
duties, or by their access to court records, facilities, or privileges, for their own or
another’s personal gain.

Canon 14 Official court interpreters of the New Mexico state courts willingly accept and
agree to this code, and understand that appropriate sanctions may be imposed by
the court for willful violations.

Ethical Standards and Responsibilities

1. The interpreter shall render a complete and accurate interpretation.


2. The interpreter shall remain impartial.
3. The interpreter shall maintain confidentiality.
4. The interpreter shall confine himself or herself to the role of interpreting.
5. The interpreter shall be prepared for any type of proceeding or case.
6. The interpreter shall ensure that the duties of his or her office are carried out under
working conditions that are in the best interest of the court.
7. The interpreter shall be familiar with and adhere to all of these ethical standards, and shall
maintain high standards of personal and professional conduct to promote public
confidence in the administration of justice.

(Reference: NMSA 23-111 paragraph C., pursuant to a court order dated 12/12/03,
this rule was effective 2/16/04.)
NAD-RID CODE OF PROFESSIONAL CONDUCT

Scope
The National Association of the Deaf (NAD) and the Registry of Interpreters for the Deaf, Inc. (RID)
uphold high standards of professionalism and ethical conduct for interpreters. Embodied in this Code
of Professional Conduct (formerly known as the Code of Ethics) are seven tenets setting forth guid-
ing principles, followed by illustrative behaviors.

The tenets of this Code of Professional Conduct are to be viewed holistically and as a guide to pro-
fessional behavior. This document provides assistance in complying with the code. The guiding prin-
ciples offer the basis upon which the tenets are articulated. The illustrative behaviors are not exhaus-
tive, but are indicative of the conduct that may either conform to or violate a specific tenet or the
code as a whole.

When in doubt, the reader should refer to the explicit language of the tenet. If further clarification is
needed, questions may be directed to the national office of the Registry of Interpreters for the Deaf, Inc.

This Code of Professional Conduct is sufficient to encompass interpreter roles and responsibilities in
every type of situation (e.g., educational, legal, medical). A separate code for each area of interpret-
ing is neither necessary nor advisable.

Philosophy
The American Deaf community represents a cultural and linguistic group having the inalienable right
CODE OF to full and equal communication and to participation in all aspects of society. Members of the
PROFESSIONAL American Deaf community have the right to informed choice and the highest quality interpreting serv-
ices. Recognition of the communication rights of America’s women, men, and children who are deaf is
CONDUCT the foundation of the tenets, principles, and behaviors set forth in this Code of Professional Conduct.

Voting Protocol
This Code of Professional Conduct was presented through mail referendum to certified interpreters
who are members in good standing with the Registry of Interpreters for the Deaf, Inc. and the
National Association of the Deaf. The vote was to adopt or to reject.

Adoption of this Code of Professional Conduct


Interpreters who are members in good standing with the Registry of Interpreters for the Deaf, Inc.
and the National Association of the Deaf voted to adopt this Code of Professional Conduct, effective
July 1, 2005. This Code of Professional Conduct is a working document that is expected to change
over time. The aforementioned members may be called upon to vote, as may be needed from time to
time, on the tenets of the code.

The guiding principles and the illustrative behaviors may change periodically to meet the needs and
requirements of the RID Ethical Practices System. These sections of the Code of Professional
Conduct will not require a vote of the members. However, members are encouraged to recommend
changes for future updates.

Function of the Guiding Principles


It is the obligation of every interpreter to exercise judgment, employ critical thinking, apply the benefits
of practical experience, and reflect on past actions in the practice of their profession. The guiding princi-
ples in this document represent the concepts of confidentiality, linguistic and professional competence,
impartiality, professional growth and development, ethical business practices, and the rights of partici-
Registry of Interpreters
pants in interpreted situations to informed choice. The driving force behind the guiding principles is the
for the Deaf
notion that the interpreter will do no harm.
333 Commerce Street
Alexandria, VA 22314
When applying these principles to their conduct, interpreters remember that their choices are gov-
703/838-0030 (V)
erned by a “reasonable interpreter” standard. This standard represents the hypothetical interpreter
703/838-0459 (TTY)
who is appropriately educated, informed, capable, aware of professional standards, and fair-minded.
703/838-0454 (Fax)
www.rid.org

© Copyright 2005 the Registry of Interpreters for the Deaf 1


CODE OF PROFESSIONAL CONDUCT
Tenets
1. Interpreters adhere to standards of confidential communication.
2. Interpreters possess the professional skills and knowledge required for the specific interpreting
situation.
3. Interpreters conduct themselves in a manner appropriate to the specific interpreting situation.
4. Interpreters demonstrate respect for consumers.
5. Interpreters demonstrate respect for colleagues, interns, and students of the profession.
6. Interpreters maintain ethical business practices.
7. Interpreters engage in professional development.

Applicability
A. This Code of Professional Conduct applies to certified and associate members of the Registry of
Interpreters for the Deaf, Inc., Certified members of the National Association of the Deaf, interns,
and students of the profession.
B. Federal, state or other statutes or regulations may supersede this Code of Professional Conduct.
CODE OF When there is a conflict between this code and local, state, or federal laws and regulations, the
interpreter obeys the rule of law.
PROFESSIONAL
C. This Code of Professional Conduct applies to interpreted situations that are performed either face-
CONDUCT to-face or remotely.
Definitions
For the purpose of this document, the following terms are used:

Colleagues: Other interpreters.

Conflict of Interest: A conflict between the private interests (personal, financial, or professional)
and the official or professional responsibilities of an interpreter in a position of trust, whether actual
or perceived, deriving from a specific interpreting situation.

Consumers: Individuals and entities who are part of the interpreted situation. This includes individu-
als who are deaf, deaf-blind, hard of hearing, and hearing.

1.0 CONFIDENTIALITY
Tenet: Interpreters adhere to standards of confidential communication.

Guiding Principle: Interpreters hold a position of trust in their role as linguistic and cultural facili-
tators of communication. Confidentiality is highly valued by consumers and is essential to protecting
all involved.

Each interpreting situation (e.g., elementary, secondary, and post-secondary education, legal, medical,
mental health) has a standard of confidentiality. Under the reasonable interpreter standard, profes-
sional interpreters are expected to know the general requirements and applicability of various levels
Registry of Interpreters of confidentiality. Exceptions to confidentiality include, for example, federal and state laws requiring
for the Deaf mandatory reporting of abuse or threats of suicide, or responding to subpoenas.
333 Commerce Street
Alexandria, VA 22314 Illustrative Behavior - Interpreters:
703/838-0030 (V) 1.1 Share assignment-related information only on a confidential and “as-needed” basis (e.g.,
703/838-0459 (TTY) supervisors, interpreter team members, members of the educational team, hiring entities).
703/838-0454 (Fax)
www.rid.org

© Copyright 2005 the Registry of Interpreters for the Deaf 2


1.2 Manage data, invoices, records, or other situational or consumer-specific information in a
manner consistent with maintaining consumer confidentiality (e.g., shredding, locked files).
1.3 Inform consumers when federal or state mandates require disclosure of confidential
information.

2.0 PROFESSIONALISM
Tenet: Interpreters possess the professional skills and knowledge required for the specific interpret-
ing situation.

Guiding Principle: Interpreters are expected to stay abreast of evolving language use and trends in
the profession of interpreting as well as in the American Deaf community.

Interpreters accept assignments using discretion with regard to skill, communication mode, setting, and
consumer needs. Interpreters possess knowledge of American Deaf culture and deafness-related resources.

Illustrative Behavior - Interpreters:


2.1 Provide service delivery regardless of race, color, national origin, gender, religion, age, dis-
ability, sexual orientation, or any other factor.
2.2 Assess consumer needs and the interpreting situation before and during the assignment and
make adjustments as needed.
CODE OF
2.3 Render the message faithfully by conveying the content and spirit of what is being communi-
PROFESSIONAL cated, using language most readily understood by consumers, and correcting errors discreetly
CONDUCT and expeditiously.
2.4 Request support (e.g., certified deaf interpreters, team members, language facilitators) when
needed to fully convey the message or to address exceptional communication challenges (e.g.
cognitive disabilities, foreign sign language, emerging language ability, or lack of formal
instruction or language).
2.5 Refrain from providing counsel, advice, or personal opinions.
2.6 Judiciously provide information or referral regarding available interpreting or community
resources without infringing upon consumers’ rights.

3.0 CONDUCT
Tenet: Interpreters conduct themselves in a manner appropriate to the specific interpreting situation.

Guiding Principle: Interpreters are expected to present themselves appropriately in demeanor and
appearance. They avoid situations that result in conflicting roles or perceived or actual conflicts of
interest.

Illustrative Behavior - Interpreters:


3.1 Consult with appropriate persons regarding the interpreting situation to determine issues such
as placement and adaptations necessary to interpret effectively.
3.2 Decline assignments or withdraw from the interpreting profession when not competent due to
physical, mental, or emotional factors.

Registry of Interpreters 3.3 Avoid performing dual or conflicting roles in interdisciplinary (e.g. educational or mental
for the Deaf health teams) or other settings.
333 Commerce Street
3.4 Comply with established workplace codes of conduct, notify appropriate personnel if there is a
Alexandria, VA 22314
conflict with this Code of Professional Conduct, and actively seek resolution where warranted.
703/838-0030 (V)
703/838-0459 (TTY) 3.5 Conduct and present themselves in an unobtrusive manner and exercise care in choice of attire.
703/838-0454 (Fax)
www.rid.org

© Copyright 2005 the Registry of Interpreters for the Deaf 3


3.6 Refrain from the use of mind-altering substances before or during the performance of duties.
3.7 Disclose to parties involved any actual or perceived conflicts of interest.
3.8 Avoid actual or perceived conflicts of interest that might cause harm or interfere with the
effectiveness of interpreting services.
3.9 Refrain from using confidential interpreted information for personal, monetary, or professional
gain.
3.10 Refrain from using confidential interpreted information for the benefit of personal or pro-
fessional affiliations or entities.

4.0 RESPECT FOR CONSUMERS


Tenet: Interpreters demonstrate respect for consumers.

Guiding Principle: Interpreters are expected to honor consumer preferences in selection of inter-
preters and interpreting dynamics, while recognizing the realities of qualifications, availability, and
situation.

Illustrative Behavior - Interpreters:


4.1 Consider consumer requests or needs regarding language preferences, and render the mes-
sage accordingly (interpreted or transliterated).
CODE OF
4.2 Approach consumers with a professional demeanor at all times.
PROFESSIONAL
4.3 Obtain the consent of consumers before bringing an intern to an assignment.
CONDUCT
4.4 Facilitate communication access and equality, and support the full interaction and independ-
ence of consumers.

5.0 RESPECT FOR COLLEAGUES


Tenet: Interpreters demonstrate respect for colleagues, interns and students of the profession.

Guiding Principle: Interpreters are expected to collaborate with colleagues to foster the delivery of
effective interpreting services. They also understand that the manner in which they relate to col-
leagues reflects upon the profession in general.

Illustrative Behavior - Interpreters:


5.1 Maintain civility toward colleagues, interns, and students.
5.2 Work cooperatively with team members through consultation before assignments regarding
logistics, providing professional and courteous assistance when asked and monitoring the
accuracy of the message while functioning in the role of the support interpreter.
5.3 Approach colleagues privately to discuss and resolve breaches of ethical or professional
conduct through standard conflict resolution methods; file a formal grievance only after
such attempts have been unsuccessful or the breaches are harmful or habitual.
5.4 Assist and encourage colleagues by sharing information and serving as mentors when
appropriate.

Registry of Interpreters
5.5 Obtain the consent of colleagues before bringing an intern to an assignment.
for the Deaf
333 Commerce Street
Alexandria, VA 22314
703/838-0030 (V)
703/838-0459 (TTY)
703/838-0454 (Fax)
www.rid.org

© Copyright 2005 the Registry of Interpreters for the Deaf 4


6.0 BUSINESS PRACTICES
Tenet: Interpreters maintain ethical business practices.

Guiding Principle: Interpreters are expected to conduct their business in a professional manner
whether in private practice or in the employ of an agency or other entity. Professional interpreters are
entitled to a living wage based on their qualifications and expertise. Interpreters are also entitled to
working conditions conducive to effective service delivery.

Illustrative Behavior - Interpreters:


6.1 Accurately represent qualifications, such as certification, educational background, and expe-
rience, and provide documentation when requested.
6.2 Honor professional commitments and terminate assignments only when fair and justifiable
grounds exist.
6.3 Promote conditions that are conducive to effective communication, inform the parties
involved if such conditions do not exist, and seek appropriate remedies.
6.4 Inform appropriate parties in a timely manner when delayed or unable to fulfill assignments.
6.5 Reserve the option to decline or discontinue assignments if working conditions are not safe,
healthy, or conducive to interpreting.
6.6 Refrain from harassment or coercion before, during, or after the provision of interpreting
CODE OF services.
PROFESSIONAL 6.7 Render pro bono services in a fair and reasonable manner.
CONDUCT 6.8 Charge fair and reasonable fees for the performance of interpreting services and arrange for
payment in a professional and judicious manner.

7.0 PROFESSIONAL DEVELOPMENT


Tenet: Interpreters engage in professional development.

Guiding Principle: Interpreters are expected to foster and maintain interpreting competence and the
stature of the profession through ongoing development of knowledge and skills.

Illustrative Behavior - Interpreters:


7.1 Increase knowledge and strengthen skills through activities such as:
● pursuing higher education;
● attending workshops and conferences;
● seeking mentoring and supervision opportunities;
● participating in community events; and
● engaging in independent studies.
7.2 Keep abreast of laws, policies, rules, and regulations that affect the profession.

Registry of Interpreters
for the Deaf
333 Commerce Street
Alexandria, VA 22314
703/838-0030 (V)
703/838-0459 (TTY)
703/838-0454 (Fax)
www.rid.org

© Copyright 2005 the Registry of Interpreters for the Deaf 5


Interpreting for NES Jurors at New
Mexico’s Second Judicial District Court
Interpreting Trials for NES Jurors
• At NMSJDC, NES jurors are United States citizens who, for the most part, have a
basic knowledge of English and who have lived in this country many years, yet they
don’t have sufficient confidence in their English language abilities to understand the
legal and technical language of a trial
• Begin by ensuring the NES juror for whom you are interpreting is a United States
citizen
• Only one interpreter at a time should interpret for the NES juror(s), the
defendant(s) and the witness(es), using wireless equipment, so all the interpretation
clients hear the same interpretation of the trial
• Stress the importance of he/she hearing everything that is said during the trial, and
ask the NES juror to get your attention if they cannot hear at anytime
• Explain the voire dire process, emphasize the importance of answering the questions
honestly, and reassure the NES juror that they can speak in their native language
and the interpreter will interpret their answers; in addition, they can speak in private
to the judge if they do not want to speak in front of the other members of the jury
pool
• Ensure that at least two interpreters are sworn in before deliberations begin
• Keep the number of interpreters covering a trial to a minimum

Avoiding 13th Juror Syndrome


• Be polite, but keep communication with the NES juror outside of the trial to an
absolute minimum
• Maintain physical distance in the courtroom and throughout the trial
• Do NOT take breaks or have lunch with jurors
• Maintain role of court interpreter, avoid becoming a social director for the NES juror
• Civil jury deliberations during breaks, as long as all members of the jury are present in
the deliberation room
• Use interpretation equipment during deliberations is necessary, wireless equipment
may be problematic
Using Only Certified Court Interpreters for NES Jurors
• Interpreting for jurors is by far one of the most important tasks we perform since
they are the ones who decide if someone will be charged, as well as a defendant’s guilt
or innocence
• Only CERTIFIED court interpreters should be provided for NES jurors
• The liability to the courts of using uncertified court interpreters should be provided
for NES jurors is enormous and undoubtedly a cause for appeal
• While we have sufficient certified Spanish language court interpreters, most LOTS
interpreters are not certified
• Most LOTS interpreters do not interpret simultaneously
• Currently, at NMSJDC, the Interpreter and the Jury Divisions have decided to excuse
any juror who requires a LOTS interpreter for the aforementioned reasons and since
the cost of flying an interpreter in for a trial that may or may not happen and for a
juror who may or may not be selected is prohibitive

Fairness and Difficulties with Respect to Jury Instructions


• Most judges will send at least one copy of the jury instructions into the jury room,
some provide a copy to each juror
• Providing a translated version of the jury instructions for the NES juror seems to be
fair and convenient
• The instructions should ideally be translated by certified translators
• The judge and the attorneys in the case must be informed if a translated version of
the jury instructions is to be provided for the NES juror, and they must all approve
this

Topics for Discussion


• The possibility of setting up a database of standard jury instructions that have been
translated into Spanish by certified translators
• Number of interpreters in the jury room during deliberations, and how team
interpreting works during deliberations
• The obstacles presented for NES jurors in cases that rely heavily on written pieces of
evidence in English
• Do you think interpreting entire trials and deliberations for NES jurors is too great a
burden for court interpreters?
DATE
LOCATION
TOPICS
1.Las Cruces:
€ Ramada Hotel / Conference Center
€ Hotel Encanto
2. Ruidoso:
€ Inn of the Mountain Gods
3. Albuquerque:
€ Convention Center
€ Embassy Suites
€ Hilton
General Sessions/ English:

€ Ethics
€ A Murderer’s Psychological Profile
€ The Sex Offender Mentality
€ Signed and Spoken Interpreters Working Together (Ms. Meryl
C.S./ Language Access and Deaf Services Coordinator in the
Maine Office of Multicultural Affairs within the Department of
Health and Human Services) Najit Guest Speaker.
€ Court Security and the Court Interpreter
€ -
€ -
€ -
€ -
Interpretation and Translation:
€ Firearms and Weapons
€ Legal Terminology
€ Medical Terminology
€-
€-
€-
€-
€-
NEW MEXICO’S FIRST CERTIFIED COURT INTERPRETERS’
CONFERENCE
“LEARNING FROM EACH OTHER”

Closing Remarks
What’s New?
&
What’s Next?
THANK YOU!
Conference Planning Committee
Magdalena Giron Lin Marksbury
Koko Chino Leticia Medina
Robert Felton Marcia Rabinovich
Michael Kagan Carolina Duran
Staff Support: Renee Lovato, AOC
Court Interpreter Advisory Committee
Sandra Caldwell, Chair
New Mexico Registry of Interpreters for the Deaf
Amanda Retsek, Chair
What’s New?
State Justice Institute Grant Award:
New Mexico Justice System Interpreter Resource
Partnership
Goal: Access to culturally and linguistically appropriate
services across the justice system
How:
™ Targeted recruitment, geographically and by language
™ Work with universities & colleges
™ Training for personnel throughout the justice system
NM Justice System Interpreters
Resource Partnership
Children, Youth & Families Department
Judicial Education Center
New Mexico Sheriffs Association
New Mexico Commission for the Deaf & Hard of
Hearing Persons
Community Outreach Program for the Deaf
NM Justice System Interpreters
Resource Partnership
Administrative Office of the District Attorney
UNM- Los Alamos
New Mexico Corrections Department
NM Police Chiefs Association and State Police
Doña Ana Community College
Central NM Community College
NM Public Defenders
What’s Next?
™ Certification Process

™ Work Groups

™ Ongoing Opportunities for Input


Certification Process

™ Language-Neutral Orientations
™ Spoken Languages Other than Spanish
™ Signed Languages

™ Mentored Study Groups


™ Written Exam Required prior to Oral Exams
™ Qualified Status
™ Continuing Education Requirements
Work Groups
and Other Opportunities

™ Study Group Mentors


™ Trainers
™ NES Juror Work Group
™ Performance Management Work Group
™ Conference Planning Group
More Opportunities for Input

™ Partners’ Forum
™ Propose a topic for discussion in the newsletter or
online
™ Sound Off
™ Sharesuccesses, raise issues, tell everyone what’s
working and what’s not
™ Just Ask
™A question and answer feature in Partners
For More Information
Contact

Pam Sánchez
aocpjs@nmcourts.gov
New Mexico’s Certified
Court Interpreters’ Conference
October 11, 2008
Santa Fe, New Mexico

Sound Files:
Forensic Transcription
Translation and Testimony
Rafael Carrillo
Sources

• Federal government

• State and local government

• Private sector
Federal Government

• Phone conversations
• Body wires
• Surveillance/sting videotapes
• Jail recordings
• Conference material
State and Local Government
• Phone conversations
• Body wires
• Surveillance/sting videotapes
• Interviews
• Jail recordings
• Traffic stops
• 911 recordings
Private Sector

• Private defense attorneys


• Civil cases
• Interviews
• Depositions
• Expert Testimony
Practitioner Minimum
Qualifications

• Command of working languages


• Meet physical requirements
• Meet mental requirements
• Knowledge of TT process
• Analytical skills
• Access to research tools
• Qualify for security clearance
Physical and Mental
Requirements

• Able to sit for extended periods of time


• Acute hearing
• Work well under stress
• Amenable to work in small spaces
Hardware
• Computer
• Headsets
• Audio playback equipment
• Speakers
• Cables
• Printer
Software
• Word processors

• Transcription software
http://www.nch.com.au/scribe/index.html
• Voice recognition software

• Audio cleaning/filtering software


Work Space

• Comfort
• Good lighting
• Availability of research resources
• Security
Reception of Work Material
• Cost estimate
• Set deadlines
• Establish rates
• Written agreement or contract
• Issue receipts for materials
• Use the magic formula
1 hour of work for every minute of audio
C.T.S.
10328 Garwood Court
El Paso, TX 79925-7305
Tel (915) 494-1249
Fax (915) 593-5485
carrillotranslations@msn.com

I, Rafael Carrillo received from Agent 007 the following materials for case number ABC-123:

1.- Three CDs labeled Case ABC-123, containing 4 WAV files.

2.- Three copies of line sheets containing call.

3.- One copy of police report containing body wire data.

I understand that this material shall be returned with the final product and all work copies prepared.

____________________ __________________
RECEIVED DATE
TT Process
• Work logs
• Listen to audio
• Perform research
• Prepare transcript
• Prepare translation
• Review
• Q.C.
• Print
• Cold read
• Certify
Transcript format
final houston\Word Perfect documents\HITA
TRANSCRIPT.wpd
VOICE
IDENTIFICATION???

• I don’t think so!!!!!!


Delivery of material

• Prepare receipt

• Deliver ALL materials

• Clean your work area and electronic storage


units
C.T.S.
10328 Garwood Court
El Paso, TX 79925-7305
Tel (915) 494-1249
Fax (915) 593-5485
carrillotranslations@msn.com

I, Agent 007 received from Rafael Carrillo the following materials for case number ABC-
123:
1.- One CD labeled A-1 Final Certified Transcripts R.C, containing 4 protected PDF files.

2.- Four certified transcripts/translations for equal number of recordings HITA


TRANSCRIPT 001 to 004.
3.- Three CDs labeled Case ABC-123, containing 4 WAV files.
4.- Three copies of line sheets containing call.
5.- One copy of police report containing body wire data.
I understand that this material is the final product and should replace any draft previously
provided by
Rafael Carrillo. I further understand that Rafael Carrillo has returned all material provided
to him and
has not retained copies of the final product and that any changes or alterations made to
the final
product will void the certification.

______________________ __________________
RECEIVED DATE
General recommendations
• Get familiar with the local slang in both languages

• Compile glossaries

• Read the local newspapers and listen to local news and radio shows

• Do your homework, many time you will run into cases that involve
horses, cigarettes, medical terms, or a specific industry. Make sure
you understand where the events are taking place so that you are
familiar with names of places if they come up

• Consult with others colleagues in the field

• Maintain a comfortable work environment and take breaks to avoid


overworking both your body and your mind

• Take care of yourself. It is very easy to end up old, fat, deaf, blind
and losing you hair very quickly
• Keep in touch with your client so that you know trial
dates and avoid conflicts of interest.

• ZIPP IT!!!! Loose lips sink ships!!!!!

• Don’t be afraid to ask for receipts or written confirmation


for any agreement

• Ask if you can keep copies of work an for how long


Never forget that you are loyal first and
foremost to the language, not your
client.

Apply all the ethical rules you would in


any other type of translation and
interpretation assignment.
Don’t take assignments you are not
qualified for.
Thank you for your attention!

If you have any additional questions, please feel


free to contact me at 915-494-1249 or at
carrillotranslations@msn.com .