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Judicial Checklist for Interpreting Services

A helpful checklist created by a judge at the Superior Court of the District of Columbia allows a judge to prepare mentally for an interpreted case.

Checklist for Establishing Ground Rules Prior to Trial
(Quoted by Permission)

1. Determine the need for an interpreter and the level of the linguistic skill in English of the party-witness.
2. Explain the role of the interpreter to the parties/witness.
3. The interpreter is present to bridge a communication barrier.
4. The interpreter is not a party and is not working for any of the parties, and is completely neutral.
5. Interpreter cannot give legal advice, cannot provide other assistance, and cannot answer questions as to what is transpiring during the proceedings.
6. If the witness and/or party does not understand the court interpreter, the judge should be informed.
7. Determine whether the party/witness requires a complete translation of everything said in the courtroom, including their testimony, or whether the party/witness will indicate to the interpreter when a translation is needed.
8. Determine whether the translation will be contemporaneous with the speaker [simultaneous interpretation], or whether the translation will be at appropriate breaks in the questions and responses [consecutive interpretation].
9. Reminder that short sentences facilitates the translation.
10. Discuss any linguistic difference which may affect the translation or create difficulties; e.g. double negatives for Spanish.
11. Remind everyone that the interpreter is to state only what is said, not add to the testimony or delete testimony or merely summarize.
12. Determine where interpreter is to sit if translating at counsel table and whether translation is to be audible.
13. Determine where interpreter is to stand if translating for witness on the stand.
14. Remind witness if on the stand that testimony is to the judge and/or jury and not the interpreter, that the witness cannot ask advice, talk to the interpreter or seek clarification from the interpreter, and that the interpreter cannot clarify questions or responses when the answer is non-responsive to the question.
15. Identify the interpreter to the jury. Swear in the interpreter in front of the jury. Explain the role of the interpreter to the jury.
16. At the end of each trial day or at the conclusion of testimony of a witness, put on record whether party/witness was satisfied with the services of the interpreter."

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