The state Judiciary is in need of court interpreters to ensure people who lack proficiency in English are given a fair shot at justice.
“We don’t have a sufficient amount of qualified interpreters, which is a highly specialized skill,” said Debi Tulang-De Silva, the Judiciary’s equality and access coordinator. “It’s beyond just a bilingual individual.”
She said interpreters are needed in court on a near-daily basis for all types of court proceedings including small-claims, traffic, civil and criminal cases. Working as independent contractors, they are paid $25 to $55 an hour depending on proficiency.
“Barriers created by language obstacles frustrate the administration of justice,” Tulang-De Silva said. “As a former public defender, I see the critical need for effective communication between parties in court proceedings. The fair administration of justice would be hindered if you don’t have that, if you don’t address the language barrier.”
She said the courts have had requests for interpreters in 48 languages, but some are in greater demand.
“We’ve been able to provide language access, but I think the pool is still very limited, especially in Pacific island languages,” she said. “I would say in any given week we have assignments in Pacific island languages, particularly in Chuukese, which is in the highest demand.”
In fiscal year 2019 the most in-demand non-English languages at state courts were Chuukese, Ilocano, Marshallese, Korean, Spanish, Mandarin, Tagalog, Japanese, Vietnamese and American Sign Language.
Translating during court hearings is extremely challenging because it requires interpreting in simultaneous (speaking while listening) and consecutive (repeating what was just said) modes, according to Sue Zeng, who serves as a Mandarin interpreter for the Judiciary.
“It’s hard if you don’t know the vocabulary or can’t remember,” she said.
Simultaneous interpreting is most common, where the interpreter stands behind a defendant, and as their attorney is speaking to the judge, the interpreter is translating for the defendant.
“It’s all based on their right to defend themselves.”
The Judiciary is holding orientation workshops in July and August for prospective court interpreters. Anyone who speaks English and another language and who wants to put those skills to good use is encouraged to register for the workshops, which are mandatory in order to become a state court interpreter.
Zeng, a workshop trainer and member of the Hawaii Supreme Court Committee for Court Interpreters and Language Access, earned a doctorate in Chinese linguistics and underwent a year of training at the University of Hawaii’s Center for Interpretation and Translation Studies. She later taught interpreting and note-taking techniques at the center and has been a court interpreter since the 1990s.
A state law passed in 2006 requires any entity getting funding from the state to provide language access through an interpreter or written translation, Zeng explained.
She said conversational English “is really not good enough for the court system,” which relies on legal concepts and terminology that may be difficult to translate.
“It’s a very high level of English,” Zeng said.
She recalls a defendant who was pleading guilty answering “yes” both times when asked by the judge whether his mind was clear and whether he understood he was giving up his right to a trial. When asked whether he had taken any drugs prior to the hearing, the man, without hesitation, said “yes,” giving rise to laughter in the courtroom.
Tulang-De Silva said the community needs to understand the importance of language access in law enforcement, the judicial system and in any area where important information needs to be shared.
For those who don’t speak English well, “there’s a risk of error or misunderstanding, which can lead to critical decision-making,” she said.
The two-day workshops for interpreters will cover the legal system and terminology. Other requirements to become a court interpreter include passing English proficiency and ethics exams, observing and shadowing interpreters, and a background check. Additional training is encouraged.
Although the workshops usually cost close to $200, they are being offered for $25 thanks to grants from the U.S. Department of Justice’s Office on Violence Against Women, the Hawaii State Coalition Against Domestic Violence and the State Office of Language Access.
Tulang-De Silva said the Judiciary is the only government agency that has a formal interpreter program.
“We know other agencies face the same language barrier struggles,” she said, adding the Judiciary is willing to share its roster of qualified interpreters with other governmental and private agencies.
JUDICIARY INTERPRETER WORKSHOPS
>> Hilo: July 14-15, Hale Kaulike
>> Kona: Aug. 2-3, Keahuolu Courthouse
>> Kauai: July 20-21, Puuhonua Kaulike
>> Maui: July 27-28, Hoapili Hale
>> Oahu: Aug. 12-13, Hawai‘i Convention Center
>> Cost: $25
>> To register: Find forms online at the Judiciarywebsite or 808ne.ws/access, or call the Office on Equality and Access to the Courts at 808-539-4860 or email OEAC@courts.hawaii.gov.
