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An Introduction to Legal Interpreting: Understanding the Broader Scope of Legal Assignments
Natalie Atlas, CI, CT, SC:L May 11, 2013 – rescheduled June 1, 2013 Webinar
It takes a village
Villagers
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“The mind is not a vessel that needs filling but wood that needs igniting� ~Plutarch Atlas, 2013
Talking Points Settings Preparation Court interpreting Ethics Next steps Q & A Atlas, 2013
What makes an assignment “legal”? “Legal interpreting entails a wide range of situations in which the deaf person…comes into contact with an enforceable set of rules governing civil conduct in this country.” (Mathers, 2006) Most legal assignments do not take place in the courtroom
Legal work is connected to a situation, not a place Atlas, 2013
Certified Deaf Interpreters Any legal setting should immediately flash CDI Considerations: • • • • • •
Consumer is a child Consumer is known to have cognitive deficits Consumer is known to have emotional issues Consumer is known to have mental health issues Consumer is known to lack world knowledge Consumer is known to lack formal education, or has limited education • Consumer is Deaf-Blind • Consumer is from another country Atlas, 2013
Examples of assignments with legal components
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Depositions Weight of witness testimony in the courtroom Often used to challenge trial testimony More challenging than court Ability to hold one’s role and place Consecutive interpreting is required Know how to address the record Our loyalty is to the record, not allied with either party Atlas, 2013
What do you need to ask? ď‚— Questions for hiring party
ď‚— Questions for yourself Atlas, 2013
Risk assessment ď‚— For consumers ď‚— For interpreter
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Other important assessments Communication assessment Cultural knowledge assessment Self-awareness assessment -powerful v. powerless language -consecutive interpretation facility -error correction Atlas, 2013
Consecutive Interpreting “The interpretation provided… pursuant to this section shall be in the simultaneous mode for any party to a judicial proceeding…and in the consecutive mode for witnesses…” 27 USC § 1827
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Interpreting in Court Necessary qualities:
Knowledge of the legal system Facility with legal language Flexibility Articulateness Diplomacy Critical thinking Atlas, 2013
Types of cases Criminal Civil Family Tax Appellate Municipal Workman’s comp Atlas, 2013
Language -Motion
-Brief
-Appeal
-Plea
-In camera
-Agent
-Count
-Voir Dire
-Try
-A Priori
-Argument
-Case in chief
The interpreter inadequately expressed the mens rea element before a nolo contendere plea was entered Atlas, 2013
Statutory requirements for your state? Atlas, 2013
Ethics Know under which authority you are operating:
Federal Court Code of Ethics State Court Code of Professional Conduct
RID Code of Professional Conduct Atlas, 2013
STATE OF WISCONSIN IN COURT OF APPEALS DISTRICT IV V. GEORGE W. HINDSLEY NO. 99-1374-CR
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Next steps
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Q&A
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An Introduction to Legal Interpreting: Understanding the Broader Scope of Legal Assignments
Natalie Atlas, CI, CT, SC:L natalie@natalieatlas.com www.natalieatlas.com