The Future of Legal Interpreting: At a Critical Crossroads—What Comes Next?

The Future of Legal Interpreting: At a Critical Crossroads—What Comes Next?

ASL Article - https://youtu.be/Fh34SboiGKs

This article was created with insights and contributions from Star Grieser and Sean Furman.

Sandra McClure (She/her), Ph.D., NIC, SC:L, ED: K-12

Sandra McClure (she/her), has been a professional American Sign Language (ASL)English interpreter with specialty certifications in legal interpreting and K-12 education since 2009. She is also an educator and mentor. Sandra earned her PhD in Interpretation and Translation Studies at Gallaudet University and her dissertation focused on ASL-English Interpreters’ Preparation Practices in Legal Settings: Perspectives of Professionalism. She holds a Master of Science in ASL-English Interpreting: Interpreting Pedagogy from the University of North Florida and a Bachelor of Arts in Criminal Justice from Northern Arizona University. Additionally, she has three Associate degrees which include interpreter training and criminal justice. Additionally Sandra currently serves as the co-vice chair for the Registry of Interpreters for the Deaf (RID) Legal Interpreters Member Section (LIMS) and previously served as the chair and Region II representative.

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From 1998 to 2016, the Registry of Interpreters for the Deaf (RID) conferred a Specialist Certification in Legal interpreting (SC:L). Holders of this specialist certification demonstrated specialized knowledge of legal settings and greater familiarity with language used in the legal system. These individuals have been recommended for a broad range of assignments in the legal setting and serve a critical role of facilitating communication for Deaf, DeafBlind, Hard of Hearing individuals within the legal system. Since 2016, the exams for the SC:L have been under moratorium and RID has since not conferred any new SC:L to RID members. With no new credentialing pathway in place, the field has seen a steady decline in the number of certified legal interpreters.

Challenges with SC:L interpreters

Since the moratorium of the SC:L, the number of certified legal interpreters has declined annually. In 2017, there were 342 SC:L interpreters, dropping to 333 in 2019, 304 in 2022, and 294 in 2024. Currently only 289 interpreters hold the SC:L, and not all interpreters have indicated on their RID membership form that they are available for freelance work. With an average annual decrease of SC:L interpreters at 2.08%, this trend highlights the urgent need to address the shrinking pool of certified legal interpreters.

Historically, legal interpreting primarily focused on courtroom proceedings; however, the demand for qualified interpreters has expanded significantly. Interpreters play a critical role in law enforcement interactions, including police interrogations, forensic interviews, and criminal investigations. Interpreters are also needed for trials, hearings, and attorney-client meetings across various legal fields such as family law, immigration, and criminal defense. Beyond traditional legal proceedings, interpreters are needed in administrative and legislative hearings, as well as court-ordered pro- grams like mediation and rehabilitation services. Additionally, Deaf professionals working in the legal system, including attorneys, paralegals, and forensic specialists, rely on qualified interpreters to ensure effective communication in their professional roles.

Historically, to be eligible for the SC:L, interpreters were required to hold generalist national certification, such as the Certificate of Interpretation (CI), Certificate of Transliteration (CT), National Interpreter Certification (NIC), or Certified Deaf Interpreter (CDI) certification. In addition, candidates had to complete a specified number of hours of formal legal training, ranging from 30 to 70 hours depending on their qualifications. Eligibility was divided into four categories, each requiring documentation of legal interpreting experience, mentorship, or training.

• Category 1: Required a minimum of 30 hours of formal legal training and 50 hours of legal interpreting experience, mentorship, or internship. A bachelor’s degree in any field or an associate degree in interpreting was strongly recommended.

• Category 2: Required 50 hours of formal legal training and 75 hours of legal interpreting experience, mentorship, or internship. Candidates needed at least an associate degree in any field.

• Category 3: Required 70 hours of formal legal training and 100 hours of legal interpreting experience, mentorship, or internship.

• Category 4: Allowed interpreters who already held the SC:L to retest if needed.

These requirements ensured that candidates demonstrated both academic and practical experience before sitting for the two-part SC:L exam, which included a written knowledge test and a performance-based assessment. Those who obtained the SC:L demonstrated specialized knowledge of legal settings, court processes, police procedures, and legal terminology

At the time, the SC:L established set standards for specialized professional practice through a fair, valid, and reliable credentialing process. Its purpose was to:

• Provide employers of legal interpreters with the means of verifying the interpreters’ knowledge and skills for interpreting in high stakes situations.

• Provide a measure for those employers who do not hire SC:L interpreters a way of evaluating whether they are meeting consumer needs

• Offer protection for the consumers involved, risk mitigation for both the Deaf consumer and the courts, and

• Verify that the interpreter has participated in a given amount of training and mentorship/internship within the legal or court setting.

Looking Ahead: Next Steps and Update

The shortage of SC:L interpreters not only affects the availability of qualified interpreters for legal settings, but also has a significant impact on the Deaf community. As the pool of SC:L holders dwindles, the gap between the need for specialized legal interpreters and their availability grows, which jeopardizes the rights and fair treatment of Deaf individuals in the legal system. Recognizing this urgent need, in 2019, the RID Board of Directors, created the Legal Credentialing Task Force (LCTF) to investigate future options for legal credentialing given after the moratorium on the SC:L moratorium examination. In 2022, the LCTF submitted recommendations to the RID Board of Directors for the reimplementation of the SC:L testing program using either traditional summative assessments (standardized testing), formative assessments (portfolio) or a hybrid of both. According to the Task Force, there is a critical need for reinstatement or developing a similar legal-related certification for the profession.

RID and the Center for Assessment of Sign Language Interpretation (CASLI) are currently exploring the feasibility of reinstating the SC:L or developing a similar legal-related certification and are optimistic about the path ahead. While RID and CASLI have the platforms and systems in place to operationalize a specialist certification program, a key factor in moving forward is securing financial resources—both for exam development and long-term sustainability. The first step in the process is the Job Task Analysis (JTA). The Job Task Analysis (JTA) is where Subject Matter Experts (SMEs) come together to identify the specialized Knowledge, Skills, and Abilities (KSAs) required for legal and courtroom interpreting. Once established, these KSAs will be validated through a survey distributed to the American Sign Language (ASL) interpreting community and key stakeholders, including employers and consumers of legal interpreting services. We are very excited about this initiative and look forward to delineating the incredibly important and niche work of ASL-English interpreters in legal and courtroom settings! The goal is to create a strong, psychometrically valid, sustainable credentialing program that will serve to uphold standards for expertise, professionalism, ethical decision making, and for consumer protection and education.

The next issue concerns the financial resources before we are able to progress with exam development. As of recently, the CASLI Board of Managers has shown their support for this effort by allocating $60,000 toward the initial phase. It is estimated that an additional $500,000-$750,000 will be required to support the full development and implementation of a new SC:L or similar legal-related certification or assessment to ensure access to qualified legal interpreters. RID and CASLI view this as an opportunity to collaborate with stakeholders to explore viable options.

This JTA signals RID’s and CASLI’s commitment to the needs of our consumers, members, legal professionals, and the public. This is a pivotal moment for legal interpreting, and we invite collaboration from stakeholders across the field. Stay tuned for an upcoming call for SMEs and a community survey to follow. Additionally, we will be seeking support for fundraising efforts to ensure the successful development and implementation of this initiative. If you know of sources for funding, please reach out to us at CEO@RID.org, Testing@CASLI.org and SCL@CASLI.org. We look forward to updating you throughout this exciting process!