Feb. 23, 2009
Law Review Article Discusses Importance of Qualified Court Interpreters
A recent law review article by Bruno Romero, Interpreter Services Program manager for the Supreme Court of Ohio, explores the need for qualified court interpreters to ensure equal access to justice. The article – “Here Are Your Right Hands: Exploring Interpreter Qualifications” – appears in the University of Dayton Law Review.
Romero’s article was part of a collection of essays submitted for a symposium on law, religion and social justice: “Justice for Strangers? Legal Assistance and the Foreign Born.” The University of Dayton Law Review has made the article 
available through the Supreme Court’s Web site to ensure broader accessibility.
According to Romero, competent legal interpretation encompasses not only fluency in a second language but also a mastery of legal terminology, understanding legal procedures and protocols, training in interpreting techniques and compliance with legal and ethical standards.
“The accuracy of the interpreter speaks to due process and equal protection guarantees,” Romero writes. “To meet this standard, the interpreter must be fluent in two languages, understand legal terms, use the proper interpreting skills, and comply with other professional requirements.”
He continues: “Without a competent interpreter that is capable of facilitating a complete and accurate flow of information, vital communication may be absent, the gathering of facts will be distorted, misunderstanding may be prevalent, and most importantly, justice will be denied.”
Romero opens his article by quoting from an interpretation during an interrogation for a non-English speaking person who was charged with murder. The interpreter’s limitations in translating English to Spanish are clearly evident when she translates the officer’s reading of the Miranda rights to the suspect by routinely saying “right hand side.”
“Granted, the term ‘right’ as an adjective has twelve different meanings and even more when one includes uses as a noun,” Romero writes. “However, an interpreter should have enough understanding of the language to not only know the differences, but also to accurately use the equivalent meaning in the other language. The use of terminology must be done in the proper context; otherwise the utterance may be nonsensical.”
Romero discusses the differences between interpreters and translators and bilinguals and interpreters and the limitations of selecting an interpreter based on appearance and self-assessment. He also offers advice on how to avoid selecting an inexperienced interpreter by listing what knowledge, skills and abilities an interpreter should possess and what questions to ask to determine sufficient experience.
Created in 2003, the Supreme Court’s Interpreter Services Program provides technical assistance, training, and learning opportunities for courts, interpreters, and other important stakeholders on the proper role and use of interpreters in legal proceedings. The program also assists Ohio courts in developing policies, procedures, standards, and mechanisms to provide linguistic minorities and deaf and hard of hearing communities equal access to the courts.
Contact: Chris Davey or Bret Crow at 614.387.9250.