Court Interpreting – Who is Our Client?

TLDR:
Legal interpreters aren’t just hired help. They are bound by strict codes of ethics and often serve as officers of the court. Regardless of who pays them, their responsibility is to the integrity of the courtroom. That means interpreting everything said, from private counsel to courtroom outbursts, word for word. Their role is vital, as their interpretation becomes part of the official court record. Accuracy, impartiality, and confidentiality aren’t optional. They are required. And it’s on all of us, interpreters, attorneys, and legal professionals, to understand and respect that responsibility.

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As a Language Service Provider (LSP) of legal interpreters, we often assume that the party who hired us is our client, but is that true?  To a certain extent, it is, but we are bound by a code of ethics that clearly defines the work that we do and, to a degree, how we do it.  On one hand, the Court itself is our “client” regardless of who pays the bill, and in some states, Court Interpreters are classified as official “Officers of the Court”.  The interpreter may be compensated by an outside party, an attorney, an LSP, or the County directly. Still, when acting as a Court Interpreter, they are required to interpret everything that is being said. If that involves confidential conversations between counsel and their client, or the tirade of a criminal defendant in open court, our job is to interpret verbatim.

Code of Ethics Used in Court Interpreting

Court interpreting demands a very high level of understanding.  Understanding of arguments, legal terminology, and even court protocol.  Court interpretation requires special knowledge and mental agility to interpret simultaneously.  Although there is no uniform/national certification for state Court Interpreters at this time, most Court Interpreters follow a generic uniform code of ethics, such as those established by the National Association of Judiciary Interpreters & Translators (NAJIT):

1. Accuracy
2. Impartiality and Conflicts of Interest
3. Confidentiality
4. Limitations of Practice
5. Protocol & Demeanor
6. Maintenance & Improvement of Skill & Knowledge
7. Accurate Representation of Credentials
8. Impediments to Compliance

There are numerous variations of this code of ethics, but for the most part, they resemble the same standards and obligations.

Court interpreters are also bound to maintain absolute fidelity to the register or level of language being spoken.  Whether it is the stylized language of legal professionals or the street slang and dialectical variations used by the parties and/or witnesses, a Court Interpreter is not there to ensure understanding by a party; they are there to be the voice of the parties involved.  A Court Interpreter must be accurate, and they cannot modify, omit, or add anything to the content of the conversation.

The Importance of Legal Interpretations

When interpreting testimony, Court Interpreters are forming the official court record, since only their interpretation is typically recorded by the court reporter for use in any further court appearances or proceedings. This creates a serious burden for the Court Interpreter and requires excellent memory retention and concentration.  Added to that burden is the thought that their interpretation can have a huge impact on the parties involved, regardless of whether it is a criminal, civil, or administrative hearing.

LSPs and interpreters must understand the need to educate judges, administrators, attorneys, and other parties regarding interpreters and our obligations.  In order to enhance our profession, it is performance and compliance with their oath to interpret accurately and completely.

Written by Kevin McQuire

FAQs

Who is the client when a legal interpreter is hired?
While an interpreter may be compensated by an attorney, LSP, or another party, the court itself is considered the interpreter’s client. A code of ethics binds legal interpreters and must serve the court’s needs by providing accurate, verbatim interpretation, regardless of who pays for their services.

What are the key ethical standards for court interpreters?
Court interpreters adhere to a strict code of ethics, encompassing principles such as accuracy, impartiality, confidentiality, and professionalism. These guidelines, often modeled after NAJIT’s code, ensure that interpreters provide faithful translations without modifying, omitting, or adding to the original information.

Why is accuracy important in court interpreting?
Court interpreters form part of the official court record. Court reporters record their interpretations and may be referenced in future proceedings. Any inaccuracies could impact the outcome of a case, making accuracy critical to fair legal processes.

What role does a court interpreter play in legal proceedings?
A court interpreter serves as the voice of the parties involved, providing verbatim translations of everything said in the courtroom, whether it’s formal legal language or informal street slang. Their job is not to ensure comprehension but to accurately convey the spoken words of each party involved.