How courts bridge the language gap

By Michael Lyle, Special to The Sunday

Monday, Nov. 20, 2017 | 2 a.m.

In some languages, the phrase “it’s raining cats and dogs” doesn’t quite translate. But if it comes up in a courtroom, an interpreter has to figure out the best way to express it to a client who doesn’t speak English.

“That is the main challenge with the job — trying to find the right word or expression and making sure you get it right,” said Jeff Hanks, a staff interpreter with Clark County. “If you don’t, there are negative consequences.”

Q. How do people get connected with an interpreter?

A. The District Court Interpreter’s Office is equipped to provide translators “for virtually any language” and has arranged services in more than 100. Each year, the office receives about 3,500 requests, though not all are needed in the courtroom.

Q. How does one request an interpreter?

A. Litigants can call 702-671-4578 or visit the Interpreter’s Office in Suite 1020 on the 10th floor of 330 S. Third St. downtown.

• When should you make that request? Those with a case pending in district court should make the request no less than 48 hours before the scheduled hearing or trial. Failing to do so can result in delays, though last-minute accommodations can usually be made for Spanish speakers. About 90 percent of interpreter requests in Clark County are for Spanish, which is why all the staff interpreters (full-time and part-time) are certified in that language.

Q. What languages are most often requested?

A.Other languages frequently requested include Tagalog, Vietnamese, Korean and various Chinese dialects. Less commonly requested are Native American tribal languages.

Q. What about sign language?

A. “We also get requests for American Sign Language, but it’s not really an interpreter service as much as an (Americans with Disabilities Act) issue,” said Timothy Andrews, assistant court administrator for the county’s civil court division.

To comply with the ADA under Nevada law, courts must provide “reasonable accommodations” to anyone for whom access requires special assistance. That includes people who are deaf, have a physical impairment to speaking or don’t understand the language, though at the end of the case the court reserves the right to charge for the services of any interpreter it appoints.

Q. How are requests prioritized?

A. Criminal matters are always the first priority. Coverage for those cases is guaranteed before other requests are met. After that, it’s first come, first served. As such, criminal cases are rarely delayed due to interpreter unavailability.

Q. What happens if there's no interpreter available

A. If no interpreters living in Las Vegas speak the language needed, the court generally grants a brief extension (one or two days) to locate one in another jurisdiction. Often, that interpreter will appear telephonically for initial appearances, then be flown in if necessary for preliminary hearings or trials.

Q. Does the court cover the cost of an interpreter?

• Criminal proceedings: Yes. The cost of an interpreter is covered by the court in any criminal proceeding or case related to a traffic violation.

• Civil proceedings: Sometimes. Litigants are responsible in most civil proceedings, ranging from small claims to divorces or custody disputes. Attorneys who request interpreters for depositions or arbitrations also are responsible for the cost (contractors used frequently by the court make $40 an hour, with a two-hour minimum).

• Exceptions: There are two exceptions in which the cost is covered for civil cases:

1. Landlord-tenant disputes

2. If a fee waiver is granted by the judge (typically in cases where the litigant lives in extreme poverty)

Q. Can you bring in an English-speaking family member or friend to translate?

A. No. According to the Regional Justice Center:

“A person may not act as an interpreter in a court proceeding if he is a spouse of the witness, related to the witness, biased against one of the parties, or otherwise interested in the outcome of the case.”

More interpreters are needed

Within Clark County, there are three full-time and three part-time interpreters.

“And we use about 90 or so contracted interpreters,” Andrews said. “If money wasn’t a consideration, I’d love to have a staff of 20 full-time interpreters.”

Speaking a language doesn’t automatically make a person qualified to become one. Andrews said every applicant goes through a certification process, which includes a written test (though some languages are used so infrequently that the certification process is waived).

“Part of the thrill of being an interpreter is you never know what kind of case you’re going to get,” said Hanks, who has provided translation services for the past 17 years.

Hanks says there are a lot of misconceptions about the job, especially that translation has to be verbatim. Certain legal terms and phrases don’t easily translate, and over the years he has learned how to fill in the gaps for clients.

“So in Spanish, I wouldn’t use the term ‘arraignment,’ ” he said. “We would say something like, ‘a reading of charges.’ ”

He is fluent in Spanish, but Hanks said it can be challenging working with different dialects within the language or adjusting to regional interpretations of certain words.