Once a qualified
interpreter has been found, counsel must maximize their
usefulness in court or at trial. The interpreter should
sit so that s/he can hear all witnesses, the defendant can
hear the interpreter, and so that no one’s back is
facing the interpreter. Counsel should furnish the interpreter
with as much documentation as possible prior to trial, including
indictments or complaints, expert reports and jury instructions,
which are often the most difficult portions of a trial to
translate.
When questioning
non-English speaking witnesses, counsel should speak to
the witness directly, not asking the witness to speak to
the interpreter. Also, counsel should advise the defendant
or other witness to speak clearly and wait for the interpreter
to finish before responding.
To reduce
the potential for errors, counsel should speak slowly and
avoid compound questions. The passive voice should not be
used, nor should double negatives, which are often foreign
concepts to non-English speakers. Counsel must also be keenly
aware of interpreter fatigue and request frequent breaks.
The task of courtroom interpreting is extremely difficult
and taxing and if the hearing is lengthy, two interpreters
should work in shifts. Finally, counsel should try to use
the same interpreter throughout the proceedings, including
client meetings.
Interpretation
errors occur frequently at trial. Some of the more common
errors include: (1) switching first person to third person;
(2) translating too literally; (3) omission to translate
everything due to fatigue or lack of memory; (4) distortion
due to the interpreter’s failure to convey hesitation
words, fillers or other characteristics of natural speech;
(5) adding or deleting politeness markers; and (6) cleaning
up street language used by the witness.
Challenges
to an inaccurate translation must be made at the first practicable
opportunity at trial.FN267
Counsel should attempt to tape record all translation so
that it will become part of the record on appeal and the
record will not simply reflect the questions and answers
in English after translation has perhaps introduced serious
errors.
Counsel
may also wish to consider requesting a preliminary jury
charge on the use of an interpreter at trial.FN268
