Criminal Defense of Immigrants
§ 4.18 (B)
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(B) Questions of the Interpreter. To ascertain whether the interpreter has the necessary skills and qualifications, counsel could ask the following questions:[52]
(1) Are you a certified court interpreter? Please show your official identification. (The remaining questions are optional if the interpreter is certified.)
(2) What languages do you speak?
(3) When and how did you learn English and [the language to be interpreted]?
(4) Describe your educational background in both languages, and your speaking, reading, and writing skills in each.
(5) Describe your court interpreting experience. When and where have you interpreted?
(6) Describe any special court interpreter training you have attended.
(7) Describe the simultaneous and consecutive methods of court interpreting.
(8) Please define in English a few legal terms, which will be used in this case, such as “prosecutor,” “evidence,” and “jury.” What is the translation for these terms? [Add any terms particular to the case that are of special significance.]
(9) Do you know any of the parties, witnesses, or attorneys?
(10) Are you a potential witness in this case?
(11) Have you read and do you understand the ethics code? Briefly describe the main points.
(12) Do you have any problems communicating with the defendant? If you haven’t actually talked with the defendant, do you need a few minutes?
“The proposed interpreter’s answers should demonstrate, at a minimum, education or training in both languages, a knowledge of basic interpreting requirements, no apparent conflict of interest, a familiarity with legal terms, and previous interpreting experience.” [53]
[52] These questions are drawn from the excellent article, Moore & Mamiya, Interpreters in Court Proceedings, in J. Moore, editor, Immigrants in Courts 29, 36 (Univ. of Washington Press 1999).
[53] Moore & Mamiya, Interpreters in Court Proceedings, in J. Moore, editor, Immigrants in Courts 29, 36 (Univ. of Washington Press 1999).
