Alaska Court System Language Services

According to Carol Padden and Tom Humphries, in Deaf in America: Voices from a Culture (1988):

We use the lowercase deaf when referring to the audiological condition of not hearing, and the uppercase Deaf when referring to a particular group of deaf people who share a language – American Sign Language (ASL) – and a culture. The members of this group have inherited their sign language, use it as a primary means of communication among themselves, and hold a set of beliefs about themselves and their connection to the larger society. We distinguish them from, for example, those who find themselves losing their hearing because of illness, trauma or age; although these people share the condition of not hearing, they do not have access to the knowledge, beliefs, and practices that make up the culture of Deaf people.

Padden and Humphries comment, “this knowledge of Deaf people is not simply a camaraderie with others who have a similar physical condition, but is, like many other cultures in the traditional sense of the term, historically created and actively transmitted across generations.” The authors also add that Deaf people “have found ways to define and express themselves through their rituals, tales, performances, and everyday social encounters. The richness of their sign language affords them the possibilities of insight, invention, and irony.” The relationship Deaf people have with their sign language is a strong one, and “the mistaken belief that ASL is a set of simple gestures with no internal structure has led to the tragic misconception that the relationship of Deaf people to their sign language is a casual one that can be easily severed and replaced.” (Padden & Humphries).

“Hard-of-hearing” can denote a person with a mild-to-moderate hearing loss. Or it can denote a deaf person who doesn’t have/want any cultural affiliation with the Deaf community. Or both. The HOH dilemma: in some ways hearing, in some ways deaf, in others, neither.

Can one be hard-of-hearing and ASL-Deaf? That’s possible, too. Can one be hard-of-hearing and function as hearing? Of course. What about being hard-of-hearing and functioning as a member of both the hearing and Deaf communities? That’s a delicate tightrope-balancing act, but it too is possible.

Deaf Life, “For Hearing People Only” (October 1997).

• Conditional Legal Interpreting Permit-Relay (CLIP-R)
• Certified Deaf Interpreter (CDI)
• National Interpreter Certification Master (NIC Master)
• National Interpreter Certification Advanced (NIC Advanced)
• National Interpreter Certification (NIC)
• Certificate of Interpretations and Certificate of Transliteration (CI and CT)
• Master Comprehensive Skills Certificate (MCSC)
• OTC (Oral Transliteration Certificate)
• National Association of the Deaf V (NAD V Master)
• National Association of the Deaf IV (NAD IV Advanced Master)
• National Association of the Deaf III (NAD III, Generalist)

The sign-language interpreter has the same role and responsibility as a spoken language interpreter. The interpreter is impartial and is present only to accurately interpret the proceedings. The sign-language interpreter interprets only what is said without adding, omitting, or summarizing anything. The interpretation communicates accurately the meaning of everything that is said. The interpreter must also follow the Code of Professional Responsibility for Court Interpreters.

Yes. You should voir dire the interpreter’s qualifications on the record. You might ask the sign language interpreter:

• What level of RID certification do you possess?
• What specialized training have you had?
• Are you familiar with the RID Code of Ethics and the Code of Professional Responsibility for Court Interpreters?
• What type of cases have you interpreted?
• Are you related to or close acquaintances with anyone in this case?
• Are there any professional or personal issues that may influence your interpretation?

Once satisfied with the interpreter’s qualification, the in-court clerk can administer the interpreter’s oath on the record.

Interpreter's Oath
Do you solemnly swear and affirm that you will interpret accurately, completely, and impartially, using your best skill and judgment, and follow directions established by the court?

The sign language interpreters hired by the court system are “proceedings interpreters”. Proceedings interpreters interpret all of the proceedings, including everything the judge, parties and witnesses say. The proceedings interpreters are sworn to interpret accurately for the record. The proceedings’ interpreter is located in the well, facing the deaf or hard of hearing person sitting at the counsel table for the bulk of the proceedings. The position will change if a deaf person moves to a different location to testify.

The party interpreter is the interpreter that an attorney hires to communicate with his/her client during the court proceeding. During the proceedings, the party interpreter provides immediate access to counsel to assist in presenting the case by interpreting privileged communications. Additionally, the party interpreter watches the sworn court interpreters’ interpretation. If the proceedings interpreter makes an error, the party interpreter alerts the attorney about the error in order for the attorney to be able to object to errors in interpretation.

The Alaska Court System’s Interpreter Services Coordinator schedules ALL interpreters in advance of proceedings when it is known that a deaf or hard-of-hearing party, witness or victim needs an interpreter. Depending on the length of the proceeding, two interpreters may be scheduled. The court does not use the attorney’s interpreter as the court interpreter for the record. The court’s interpreter(s) will interpret for the proceeding, meaning they are there to interpret for the individual who is deaf to make sure s/he understands what is said in the courtroom and that others in the courtroom can understand the person who is deaf or hard of hearing. The court interpreter may occasionally interpret attorney-client communication if needed. If an attorney or party brings their own interpreter, the court should use the court interpreter that the Interpreter Services Coordinator scheduled to interpret for the official record. The interpreters scheduled by the Interpreter Services Coordinator are the most qualified or certified interpreters and their qualifications have been vetted by either the Alaska Court System or another state court and have usually passed vigorous tests. The interpreter brought by the attorney or party may be used to interpret attorney-client communication but should not be the official interpreter for the court record.

• Advise everyone in the courtroom of the presence and role of the interpreter.
• Instruct participants to speak one at a time.
• Allow the interpreter to converse with the deaf or hard of hearing person prior to the proceedings to ensure effective communication and identify possible signing differences or other concerns. Be aware that deaf persons with minimal language skills, blindness, or who rely on lip reading may require specialized interpreting services. If you think this is the case, contact the Interpreter Services Coordinator immediately.
• Allow the interpreter to view court files prior to the proceedings to become familiar with names and technical vocabulary. Allow the interpreter to view exhibits, photos, or other records prior to introduction into evidence.
• Speak directly to the party or witness, not to the interpreter. Do not ask the interpreter to explain or restate anything the party or witness says. The interpreter will interpret in the first person in order for the record to be accurate. The interpreter will convey all questions, answers, and courtroom dialogue. Therefore, the interpreter is always working. Advise the interpreter to notify the court when breaks are needed.
• For longer hearings and trials, two interpreters are usually provided to address interpreter fatigue. Usually the interpreters will determine when they will switch but studies show that accuracy decreases after as little as 20 minutes. Even though an interpreter is not interpreting, they are still working. The “resting” interpreter continues to monitor the courtroom proceedings, check the working interpreter for accuracy, and assist the working interpreter with terms and concepts. Professional interpreters do this in such a way that no one even notices. Be aware that fatigue sets in relatively quickly and interpreters often switch off in order to rest. If there are not two interpreters, please build in regular breaks so the interpreter can rest.
• Remember: Proper interpreter positioning and close proximity to the speakers allow optimal access to communication.
• The court must make sure the deaf or hard of hearing person can watch the interpreter and then look at any visual evidence. If there is written evidence, provide to the deaf or hard of hearing person to review and suspend talking. The deaf or hard of hearing person cannot read and see a sign language interpreter at the same time. When the deaf or hard of hearing person is done reading, continue speaking.

NO LANGUAGE CAN ACCOMMODATE A LITERAL WORD-FOR-WORD ENGLISH TRANSLATION. The interpreter’s role is the accurately render the meaning of the spoken language into ASL and vice versa.

A deaf or hearing-impaired person may become confused by a word-for-word translation. There are both American Sign Language (ASL) and signed English commonly in use and both of these languages differ from spoken English. The interpreter should inform the deaf or hard of hearing person's lawyer of the language and mode used by the client so that the lawyer can inform the court of any problem and the possible need to explain in more detail.

Confusion can also result when a deaf or hard of hearing person nods "yes" to an interpreter's question but still has a quizzical look. "Yes" may not be the answer to the question, but only an indication that the person understands the question. A deaf or hard of hearing person may even nod "yes" without completely understanding. Repeating part of a question is often the deaf or hard of hearing person's attempt to clarify it and it does not necessarily mean confirmation or agreement.

Speak naturally, but not too fast. Remember that names and some other words must be finger-spelled, and this takes more time than signing. Although these proceedings may take longer they are otherwise identical to other court proceedings; speak at a normal rate.

It must be realized that a deaf or the hard of hearing person can concentrate on only one person at a time. It is just as impossible for an interpreter to interpret for two people simultaneously as it would be for a court reporter to accurately take that testimony.

Deaf or hard of hearing people rely on information they see. To be effective, communication must be visible. The court should make every attempt to facilitate a good visual contact between the deaf or hard of hearing person, the interpreter, and other participants. The court must make sure the deaf or hard of hearing person can watch the interpreter and then look at any visual evidence. If there is written evidence, provide to the deaf or hard of hearing person and a deaf juror to review and suspend talking. The deaf or hard of hearing person cannot read and see a sign language interpreter at the same time. When the deaf or hard of hearing person is done reading, continue speaking.

Any time there is a deaf or hard of hearing person in court, be aware of environmental factors that may interfere with communication.

While a deaf person may or may not be affected by background noises, a great deal of background movement or changes in lighting will be distracting. A hard of hearing person using a hearing aid or with residual hearing might be seriously distracted by background noises. Minimize machinery noises or other conversations.

Interpreters must hear everything said and must concentrate fully in order to do their job accurately. As a result, interpreters require rest periods for best performance. During lengthy proceedings of forty-five minutes or more, it may be necessary to use two interpreters. When two professional interpreters are present, usually one is actively interpreting while the other is monitoring the "on duty" interpreter. This helps reduce fatigue and enhance accuracy. Interpreters switch out often, commonly every 15-20 minutes.

At times a deaf or hard of hearing person will use written notes to communicate or to supplement other modes of communication. Writing is not, however, always effective or appropriate. Technology is affecting this area as machine readable assistance is becoming available. Real-time court reporting may be beneficial and a number of court reporters are becoming certified in this area.

Some deaf or hard of hearing people are highly educated; they read and write well. Others do not. It is a common misconception that deaf or hard of hearing people compensate for their inability to hear by reading and writing. Many deaf or hard of hearing people, especially those who lost their hearing before they learned to talk, have difficulty with written as well as spoken English.

It is also important to remember that for many deaf and hard of hearing people, English is their second language

Not all deaf and hard of hearing people can read lips. Lip-reading often supplements other modes of communication but is seldom sufficient to assure effective communication in a courtroom. Furthermore, lip-reading ability may decrease dramatically in stressful situations, like those encountered in the court environment.

In-Person Proceedings Interpreter

Video-Remote Proceedings Interpreter

The interpreter services coordinator confers with the clerk of court or designee, judge, and the IS department to setup and monitor video remote interpreting services.

The video remote set-up allows the judge, the deaf person needing interpreting services, and attorneys to see the interpreter. The interpreter is able to see all parties in the courtroom from their video screen.

Stefanie Burich, Interpreter Services Coordinator

Jeannie Sato, Director of Access to Justice Services and member of Language Access Task Force