The role of check interpreters in international depositions.

We had a deposition on a patent infringement case, where the plaintiff’s attorney was a young and inexperienced monolingual attorney who said he never had a deposition with an interpreter before.

The other party brought a check interpreter who was re-translating everything the main interpreter said. The notorious attorney who worked for many patent infringement cases was making objections to form for every question the deposing attorney asked, and explicitly harassed the interpreter so that the defendant would not give out much information. The deponent was determined to give the minimum information, and intentionally mumbled, probably at the instruction of the attorney. The check interpreter was repeating every sentence, which was a pure harassment, but the deposing attorney did not stop it and just let it happen. In the end, the plaintff got ver little information, as the defendant was determined to disturb the process as much as possible.

It is good to have a check interpreter to help in, but in this case the interruption was intentional and excessive. The attorney should have taken an action to stop it. The experienced main interpreter pointed out what was going on, but the attorney was suspecting the quality of interpreting, just as the defendant wanted. In some trials, the court did not allow the check interpreter to disturb the proceedings.

With the process of globalization, there should be some set standards on the role of a check interpreter. At the present time we just have to rely on the common sense and professional ethics of the interpreter, and when a check interpreter intentionally abandons them, she can greatly aid the defendant by disturbing the deposition. In the courtroom, the judge can make a decision whether to allow it or not.

But in depositions, the attorney should prevent it from happening, which would require that he himself is bilingual. In a worst case scenario, the parties can agree to have a third party interpreter, but that could be more disturbing and the deposition will become a battlefield of interpreters. Some patent attorneys make use of this and make it his first priority to attack the interpreters.

What should interpreters do? The interpreter should remind the attorney of what is going on and ask him to take measues to stop the check interpreter from redoing every translation. The attorney must be bilingual to know what is going on. Since patent cases are usually filed in the U.S., the attorney should check the credentials of the check interpreter and determine whether she is qualified to object to the main interpreter’s interpretation.

And the attorney should remind the check interpreter of the professional ethics of court interpreters in the U.S. However, when the attorney has no experience and doesn’t understand what is going on, the attorney thinks interpreting is not important, maybe our interpreter has a problem in her interpreting, why is she getting upset, why isn’t she friendly, and tries to use another interpreter, who will go through a worse situation.

Some experienced attorneys have won the patent cases just by using a check interpreter, not giving out much information and getting rid of the plaintiff’s competent interpreters by unreasonably harassing them. In order for justice to be done, there is a strong need to set rules for check interpreters at international depositions and trials.  It’s a dirty trick, but in such a case where billions of dollars are at stake, there are attorneys who believe that the end of winning the case justifies whatever means they use.

https://www.latimes.com/local/lanow/la-me-ln-court-interpreter-20170905-story.html

Federal law enforcement began investigating California’s courts seven years ago after receiving complaints that two Korean-speaking women in Los Angeles had been denied court interpreters.

Courts in other states also were examined and faulted. Along with California, they began working to comply with U.S civil rights law, which bars discrimination based on national origin. Failure to act meant the possible loss of federal money.

But nowhere has the task been so challenging as in California, the most linguistically diverse state in the nation.

At least 220 languages are spoken in California, and 44% of residents speak a language other than English at home. Seven million Californians say they cannot speak English well.

On top of that, California’s court system is considered the largest in the nation, surpassing in size the entire labyrinth of federal courts.

This is not the kind of challenge you can simply meet in three years and then declare victory.

SUPREME COURT JUSTICE MARIANO-FLORENTINO CUÉLLAR, ON THE STATE’S EFFORT TO EXPAND COURTROOM TRANSLATION PROGRAMS

Just finding enough trained interpreters has proved daunting. The state’s courts handle as many as eight million cases a year.

Now two years into its enforcement phase, California’s “language access plan” is pushing courts to provide interpreters for all non-English speakers in all cases.

As of December, 47 of 58 county courts said they were offering interpreters in high-priority civil disputes, including those involving protective orders, child custody and other family law matters, evictions, guardianship and conservatorship and elder abuse.

“The goal is to get interpreters available in all case types,” said 1st District Court of Appeal Justice Terence L. Bruiniers.

“But the reality is we are never going to have enough qualified interpreters in enough languages for every courtroom that needs them at the time they need them,” he said. “That is just not going to be possible.”

California has long provided interpreters for criminal and juvenile cases. The law now says they must offer them also in civil courtrooms.

In the past, non-English-speaking litigants were on their own when they went to court to fight evictions, obtain restraining orders and resolve child custody disputes

Children sometimes interpreted for warring parents. One court employee recalled a woman seeking a domestic violence restraining order having to interpret for her alleged abuser.

Some judges said they felt uncomfortable when they received a one-word translation from an amateur interpreter even though the litigant had spoken at length in his native language.

Contra Costa Superior Court Judge Steven Austin recalled a Spanish-speaking woman in his courtroom 10 years ago seeking a restraining order against her ex-boyfriend.

“He mean to me,” she had written on a legal form.

Austin needed more information to grant the order, but the woman spoke too little English to explain her fears. He rounded up a bilingual person to interpret.

Later he read in the newspaper that the ex-boyfriend had visited the woman’s home. He had a gun, and she called police.

“It was just by luck I was able to find somebody to help,” he said. “It could have been a tragedy.”

The federal probe came in response to a complaint filed by legal aid lawyers on behalf of two women: a sexual assault victim seeking a restraining order against her attacker and a mother asking for child custody and support.

Los Angeles Superior Court denied them interpreters, even they spoke only Korean, the complaint said.

Los Angeles court officials worked with federal authorities to bring in more interpreters, and today the Superior Court is considered the most advanced in the state in providing language help.

Yet even in Los Angeles there are troubles. Just a few months ago an Arabic speaker went to court to try to obtain a restraining order against her ex-husband.

It took four court appearances and months to obtain the order because of the difficulty of getting an interpreter. On one day, an interpreter promised to return after lunch to handle her case but never came back.

During each visit, the woman was forced to face her ex-husband.

“It was incredibly traumatizing for her to repeatedly have to face her abuser,” said Carmen McDonald, supervising attorney for the L.A. Center for Law and Justice, who related the story.

The push for interpreters comes at a time when California’s court system has yet to recover from recession-era budget cutbacks. Courtrooms remain closed and judges’ positions vacant.

But the Legislature and Gov. Jerry Brown have been sympathetic to the language campaign and provided $7 million during the past fiscal year.

“This is a popular issue,” said Austin, the Contra Costa County judge. “I went to the Legislature to talk to people about it, and it was very popular with both the governor’s office and individual legislators.”

The languages for which interpreters are needed are Spanish, Vietnamese, Korean, American Sign, Mandarin, Farsi, Cantonese, Russian, Tagalog, Arabic and Punjabi.

But depending on the location of the court, that list expands. It includes Cambodian/Khmer, Japanese, Malayalam, Hmong, Lao and even dialects of the Aleutian Islands.

Ventura County Superior Court Judge Manuel J. Covarrubias recalled using “a relay” in one case.

A defendant knew only Mixteco, an indigenous language spoken in parts of Mexico.

The only interpreter who could be found did not speak English. So that person translated Mixteco into Spanish, and a second translated the Spanish into English, said Covarrubias, who has helped lead the courts’ language efforts.

California now has about 2,000 qualified court interpreters but still too few to handle the demand.

Getting certified is a hurdle. Only about 10% pass the state examination. The job pays up to $77,000 a year.

Interpreters must show proficiency not just in everyday language but in understanding and translating legal jargon and expert evidence.

“It is a big jump between bilingualism and the ability to interpret,” said Tracy Clark, who supervises interpreter services for Ventura County courts.

Being able to convey someone else’s thoughts immediately in a noisy courtroom and word for word “is a whole other level of language competence,” she said.

Clark said she has had to fly in interpreters from across the country but sometimes can’t get one “even if I could have found a flight.”

She sends Spanish interpreters every day into criminal and traffic courts, and hires others as needed.

Describing her work so far in a single week, Clark related that on one day she had to find interpreters for three languages other than Spanish, the next day four languages and the day after that seven.

Ventura, Sacramento and Merced County courts are set to begin a pilot project this month in which interpreters will participate in short hearings via a live video feed.

If the project succeeds, it may be repeated in other courtrooms around the state.

The plan has made some interpreters nervous. They say seeing a litigant’s face is important, as is being able to signal the judge if a stack of papers nearby falls, drowning out words.

California Supreme Court Justice Mariano-Florentino Cuéllar, who emigrated from Mexico as a boy, became a legal scholar and joined the seven-member high court after being appointed by Brown, heads a task force assigned to enforce the language plan.

He ran an institute at Stanford University and worked to develop and enforce policy at the White House under two Democratic administrations.

“This is not the kind of challenge you can simply meet in three years and then declare victory,” Cuellar said. “It requires long-term commitment and vigilance.”

Kevin Baker, legislative director of the ACLU of California and a task force member, said he sees “a culture of resistance in a lot of pockets of the courts.”

Judges tend to be tradition-bound and want to move the court calendar along, he said. Getting interpreters takes time and also delays resolution of cases.

Some court leaders also have pushed back on a proposed complaint system for the language plan, he said.

Although state law now requires interpreters in civil cases, some county court websites still limit the languages that will be offered or say litigants should bring their own interpreters, said Stephen Goldberg, regional counsel for Legal Services of Northern California, which represents poor people in civil cases. Some use telephone interpreters, he said.

Interpreters also are only part of the solution.

Court signs must be posted in multiple languages, legal documents translated and court-ordered services, such as a program on alcohol abuse, must be offered in the languages of the participants, judges said.

“The difficulties are real, and sometimes difficulties can be frustrating,” Cuellar said. “But almost everything worth doing is difficult.”

A promising job: medical interpreter  (Dr. Jenny Park, President of LA Translation and Interpretation)

When people immigrate to the U.S., they would usually find jobs lower in status than in their original country due to lack of proficiency in English.  However, there is a job that provides you high and stable income in the U.S. because you are bilingual in Mandarin and English because no American can speak Mandarin as well as you do.  And that is the medical interpreter job.

“Become a medical certified interpreter.  It is easier than becoming a court certified interpreter, and provides a stable job.”  Compare to court interpreting test, medical interpreter certification test is easier because it does not have simultaneous interpreting and sight translation is only for English into Mandarin. Currently, there is a shortage of certified interpreters.  Especially, the state of California adopted      “Language Access Plan” in 2015 which recommended providing court certified interpreters free of charge not only in criminal but also in civil cases.  It has been implemented for 2 years, but due to the shortage of certified court interpreters, currently they are assigned to priority cases only such as TRO, child custody, eviction, guardianship and conservatorship, and elderly abuse.

The situation is worse with medical certified interpreters.  The law provides that a medical certified interpreter should be provided free of charge to all the patients with limited English proficiency, but there are only  25 National Board certified medical interpreters in California. “There should be at least 30 more interpreters to meet the demand for now,” says Dr. Park.

LA translation provides a Certificate in 40-hour training in medical interpreting which is required to take written and oral tests to become certified by the National Board of Certification for Medical Interpreters. The school is approved by the state government to provide the program.

“If you are bilingual, you should make a challenge to become a certified interpreter, “ says Dr. Park. “Once you are certified, you have it till you die.  You can work efficiently as interpreter long time after retirement. You can work as freelancer, or be employed by a hospital or a court, speak for and listen for those who are not proficient in English, and you can always learn new things and promote self development.”   Further, for such a good job, the only investment acquired is “my native language and English proficiency” and “a small amount of tuition for the training.”  213-368-0700.  info@latranslation.com.

移民到美国之后，受英语水平的限制，人们新找的工作往往比其原籍国工作的地位要低。然而，美国有一种工作可以为会讲普通话和英语的您提供稳定的高收入，因为没有美国人能像您一样熟练地讲普通话。这份职业就是医学口译。

“成为认证医学口译。入行门槛比认证法庭口译低，并且能提供稳定的工作。”与法庭口译测试相比，医学口译证书测试更为简单，因为不会考同声传译，视译也仅限于英语到普通话。目前认证口译人员短缺。值得注意的是，加利福尼亚州于 2015 年采用了“语言协助服务计划 (Language Access Plan)”，建议将刑事案件的认证法庭口译服务推广至民事案件中。该计划已经实施了 2 年，但由于缺乏认证法庭译员，目前只能为优先案件安排口译服务，比如 TRO、儿童监护、驱逐出境、监护和接管以及老人虐待案。

认证医学口译方面的情况更加糟糕。法律要求免费向所有英语水平有限的病患免费提供认证医学口译服务，但加利福尼亚州只有 25 个国家委员会认证的医学口译人员。“应至少再增加 30 人才能满足现在的需求”，Park 博士介绍道。

洛杉矶翻译学院有资质授予 40 小时医学口译培训证书，通过笔试和口试之后即可成为美国医学口译认证委员会 (National Board of Certification for Medical Interpreters) 认证的译员。本院已获州政府授权，专业提供培训课程。

“如果您会讲普通话和英语，不妨来试试认证口译这份挑战，”Park 说道，“获得认证之后，证书终身有效。退休之后可以长期从事口译工作，可以做兼职，也可以当医院或法院的雇员，为英语不熟练的人架起沟通的桥梁，同时您也可以不断地学到新知识，提升自我。”此外，获得如此好的一份工作，您需要做的唯一投资就是“熟练使用母语和英语”以及“一小笔培训学费”。咨询电话：213-368-0700，电子邮件：info@latranslation.com。

Ana (Egyptian Arabic translated to English):
” وريهم أوتك ” (warreehom ow-wetak) : Show them your power
” العدالة نازلة من فوق ” (el adala nazla men fooa) : Justice rains from above
” أنا هاخد بالي منك ” (Ana hakhod bali mennak) : I’ll take care of you
” ده هيفيدك ” (dah hayfeedak) : This will help you
” إتعلم من الألم ” (etaalim min el alam) : Learn from the pain
” Bed time حبيبي ” (bed time, habibi) : Bed time, darling
” في الامتحان، يكرم المرؤ أو يهان ” (fel-imtihan yokramo al mar’o aw yohaan) : In a test, one is either honored or dishonored (Egyptian proverb)
” التكرار يعلم الشطار ” (attekraar yo’alem ashotar) : Repeating teaches the best / practice makes perfect (proverb)
” إسمع كلام الأكبر منك ” (esma kalaam el-akbar mennak) : Listen to those who are older than you / Listen to your elders
” خلصنا على الهدف ” (khalasna ala el hadaf) : Target neutralized
” أهلا ” (ahlan) : Hello
” عامل إيه ؟” (amil eh?) : How are you?
” إزّيك ” (ezzayyak) : How are you?
” شكرا ” (shokran) : Thank you
” متشكرة ” (metshakera) : Thank you
” جاري التنفيذ ” (gary al tanfeez) : Working on it
” علم و ينفذ ” (olim wa yonafaz) : Acknowledged

D.VA (Korean to English translation):
“게임시작” (geim si-jag!) – Game start!
“게임을 하면 이겨야지” (geim-eul hamyeon igyeoyaji) – If you play a game, you have to win
“APM좀 올려볼까!” (APM jom ollyo bolkka!) – Time to raise my APM!
“비상탈출” (bisang talchul) – Emergency escape
“짜증나 ” (jja jeung na) – That’s annoying
“안녕!” (annyeong!) – Hi!
“하! 이건 사기야!” (igeon sagiya!) – This is unreal / overpowered!
“다시 한번 해보자고!” (dashi hanbeon haebojago) – Let’s try that one more time
“다시 완벽하게 작동한다!” (dashi wanbyeokhage jakdonghanda!) – Operating perfectly again!
“아파!” (apa!) – It hurts!
“꺼져!” (ggeo-jyeo) – Turn off! / Fuck off!
“감사!” (gam Sa!) – Thanks!

Genji (Japanese to English translation):
“おす” (osu) – Greetings
“始め！” (hajime!) – Start!
“身を捨てても、名利は捨てず” (mi o sutete mo, myōri wa sutezu) – Even if I sacrifice my body, I will never sacrifice my honor (an ancient quote by famous swordsman Musashi Miyamoto)
“我が魂は均衡を求める” (waga tamashī wa kinkō o motomeru) – My soul seeks balance
“竜神の剣を喰らえ” (ryūjin no ken o kurae) – Taste the blade of the Dragon God
“水のように流れ” (mizu no yō ni nagare) – Flow like the water
“俺は風だ！” (ore wa kaze da) – I am the wind!
“燃えつけるかな” (moetsukeru kana) – I guess I’m on fire
“まだまだ” (mada mada) – Not good enough
“覚悟” (kakugo) – Prepare (to die)
“いざ尋常に勝負” (iza jinjō ni shōbu) – Let’s have a good match
“かまいたち” (kamai-tachi) – Whirlwind cut (this references a weasel-like apparition that carries a sharp sickle and rides on a dust devil )
“くそ” (kuso) – Damn / shit
“あほが” (aho ka) – Idiot / fool
“上等だ！” (joutou da) – Bring it on
“その程度か” (sono teido ka) – Is this the best you can do?
“我が魂は まだ燃えておる” (waga tamashī wa mada moete oru) – My soul is still burning
“防衛戦願おう” (bōei-sen negaou) – Let us hope for a different outcome
“我が心明鏡止水” (waga kokoro meikyōshisui) – My mind as bright and clean as the clear mirror of perfectly still water

Hanzo (Japanese, Phonetic spelling, and English translation):
“竜が我が敵を食らう” (ryuu ga waga teki wo kurau) – Dragon, consume my enemies
“狼よ我が敵を喰らえ” (Ōkami yo waga teki wo kurae) – Wolf, consume my enemies! (while wearing the legendary skin)

Mei (Chinese to English translation):
“这个世界值得我们奋战！” (zhè ge shè jiè zhí de wǒ men fèn zhàn) – This world is worth fighting for!
“冻住，不许走!” (dòng zhù, bù xu zǒu!) – Freeze, don’t move
“这样可以挡住他们” (zhè yàng kě yǐ dǎng zhù tā men) – This way they will be blocked
“冰墙，升起来吧！” (bīng qiáng, shēng qǐ lái bā!) – Rise, ice wall!
“”有本事，就過來!” (Yǒu běnshì, jiù guòlái) – If you’ve got the guts, come get me!
“瞧瞧这个” (qiáo qiáo zhè ge) – Check this out!
“嘿嘿来啦” (Hei hei lái la!) – Hey hey! I’m coming
“嚐嚐這個!” (Cháng cháng zhège) – Taste this!
“等等，别过来！” (děngděng! bié guòlai!) – Wait! Don’t come here!
“欺负人” (qīfu rén) – Why so mean? (literally: bully people)
“你好” (ni hao) – Hello
“谢谢” (xièxiè) – Thanks
“嘿，我又回来啦！(hei, wǒ yòu húilái la!) – Hey, I’m back again!
“忽如一夜春风来 千树万树梨花开” (Hu Ru Yi Ye Chun Feng Lai, Qian Shu Wan Shu Li Hua Kai) – It looks like the spring came over night and thousands of pear trees are blooming (based on a (song about a) traditional poem describing a snowy landscape)

Mercy (German translated into English):
“Helden sterben nicht” – Heroes never/don’t die
“Sprechstunde bei der Frau Doktor” – Consulting with miss doctor
“Mercy im Bereitschaftsdienst” – “Mercy on emergency duty
“Die Wunder der modernen Medizin!” – The wonders of modern medicine!
“Immer unterbricht mich jemand bei der Arbeit” – Someone always interrupts my work
“Auf einer Skala von eins bis zehn, wie fest tut es weh?” – On a scale of one to ten, how much does it hurt?
“Ich bin da!” – I’m there (for you)
“Ich kümmere mich um dich!” – I am taking care of you!
“Schaden verstärkt” – Damage amplified
“Heilstrahl aktiviert” – Healing stream activated
“Hat jemand einen Arzt gerufen?” – Did someone call a doctor?
“Verdammt” – Damn it (When getting a discord orb)
“Danke” – Thank you
“Verstanden” – Understood
“Ich brauche Hilfe” – I need help
Reinhardt (German):
“Wunderbar!” – Wonderful!
Torbjörn (literal English translations of Swedish sayings)
You’re making a chicken out of a feather – “Du gör en höna av en fjäder” (To greatly exaggerate)
With your beard stuck in the letterbox – “Fastna med skägget i brevlådan” (To be in a bad situation)
Buying the pig while it’s still in the bag – “Köpa grisen i säcken” (Impulsively purchasing something without checking the quality)

Widowmaker (French translation into English):
“Personne n’échappe à mon regard” – No one can escape from my sight
“ça pique, n’est-ce pas?” – It stings, doesn’t it?
“Allez, montre-toi” – Come on, show yourself
“Je te vois…” – I see you
“Magnifique” – Magnificent
“Encore?” – Again?
“Cherchez la femme” – Look for the woman
“Une balle, un mort” – One shot, One kill (lit. “one bullet, one death”)
“Et c’est comme ça” – And that’s how it is
“À la vie, à la mort” – To life, to death” or also “for better, for worse
“Merde!” – Shit!
“C’est la vie” – That’s life
“Dans ma ligne de mire” – In my line of sight
“Rendez-vous avec la mort ” – Appointment with death
“Tiens tiens!” – Well well, what do you know
“Le baiser de la veuve” – The widow’s kiss
“la veuve tisse sa toile” – The widow weaves her web

Zarya (Russian into English translation):
“Огонь по готовности” (ogon po gotovnosti) – Fire at will
“Вместе мы сила” (vmeste my sila) – Together we are strong
“привет” (preevyet) – Hello
“спасибо” (spasiba) – Thanks
“Физкульт привет!” (fizkult preevyet) – (Sport) hello!
“В гостях хорошо, а дома лучше!” (v gostiah horosho, a doma luchshe) – It’s good at the guest’s place, but home’s still better (Proverb similar to “east or west, home is best”)
“Видно мастера по работе” (vidno masteruh po ruhbotye) – “can see the master in his works”
“Без труда не вытащишь и рыбку из пруда” (bez trooduh nye vyitaschyish rybku iz prooduh) – “Need to work to pull a fish out of the pond”
Bastion (Robotic):
“Dun dun boop boop” – “Bloop bleep bleep bloop”
“Beeple” – Bee boo boo bop