Love-Hate Mail
Clear on communication
I
read your article “Language Barrier” (Nov. 22) with great interest, as
it illustrated a long, drawn-out problem, especially in the General
Sessions Courts in Davidson County. Most disturbing is deputy public
defender Laura Dykes’ comment that courthouse translators “really are
just trying to help the lawyers move cases.” That is not their job! In
2002, the Tennessee Supreme Court passed rules regulating the use of
courtroom interpreters. Rule 41 and its
comments make very clear that interpreters “should not converse with
parties, witnesses, jurors, attorneys, or with friends or relatives of
any party, except in the discharge of their official functions” and
that they “should strive for professional detachment. Verbal and
non-verbal displays of personal attitudes, prejudices, emotions, or
opinions should be avoided at all times.”
Aside
from the law prohibiting the practice of law without a license—which
would include rendering legal opinions—such opinions are unethical if
expressed. These rules were considered and passed by our Supreme Court
to address the lack of professional standards by courts in their use of
interpreters. The lack of professionalism is still far too prevalent in
my experience, which includes watching interpreters render legal advice
in the hallway, speak with parties aside from their interpreter duties,
and act more like courtroom deputies than interpreters (see also the
ethical rule prohibiting even the appearance of bias). I wrote a
General Sessions judge once about a person presenting himself as a
“certified” interpreter when, in fact, he had failed even the English
language exam repeatedly and was not certified by the Administrative
Office of the Courts. I never received a response, and although that
interpreter no longer interprets in General Sessions courts as far as I
am aware, he apparently was promoted and now works at the Criminal
Court level as a staff member. Another General Sessions court I
attended in another county used a retired Border Patrol agent who
evidently only knew enough Spanish to say “manos arriba” (hands up) and
wore a badge on his belt and questioned only brown-skinned defendants
of their legal status. The judge wasn’t even aware of the Supreme Court
rules regarding interpreters. This problem will continue unless and
until attorneys and judges start applying the rules passed by our
Supreme Court and calling attention to any situation where an
interpreter is acting unethically. It matters not that they are just
“trying to help.” If it is a violation of the rules, judges and lawyers
need to demand that it be stopped.
JERRY GONZALEZ
jgonzalez@edge.net (Murfreesboro)
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