Although this view may be changing in today’s legal environment, historically it has been far too common to think that any bilingual speaker can be a qualified and competent court interpreter.1 This is a mistaken belief. Accurate interpretation requires a sophisticated college-level use of both English and the foreign language. Accordingly, in the case of legal interpretation, the interpreter must understand the four varieties of spoken legal language: formal legal language, standard English, colloquial English, and other sub-varieties. Moreover,

Both aspects of interpretation—mastery of two languages and understanding the mechanics of the process, including cultural competence—require specialized training. Whatever skills a bilingual speaker may have by virtue of birth or language arts education are not an adequate substitute for mastery of the specific professional skill of interpretation.

• 1Cassandra L. McKeown & Michael G. Miller, Say What? South Dakota’s Unsettling Indifference to Linguistic Minorities in the Courtroom, 54 S.D.L. Rev. 33, 39 (2009).
• 2Minn. Sup. Ct. Interpreter Advisory Comm., Best Practices Manual on Interpreters in the Minnesota State Court System 24 (1999).

For the last three or four decades, interpreters have worked consistently to develop language interpretation as a recognized and properly compensated profession. This is, of course, a worthy and necessary goal given the important role interpreters play in facilitating language access for LEP individuals. However, unlike medical or legal education, for example, interpreter training lacks a standardized curriculum and is often unavailable as part of a university degree. Such training is available at some universities or community colleges as a free-standing certificate program and, increasingly these days, online.1

• 1See, e.g., Legal Interpreter Training, Language Connections; Language Interpreter Certificate Program, La Guardia Comm. Coll.; Court Interpreter Training Institute (CITI), Univ. Ariz.; S. Cal. Sch. Interpretation.

The structure of court and legal interpreters’ credentials varies by state.1 The most common categories are “certified” and “registered.” As Louisiana has moved to regulate the quality of court interpretation, the Louisiana Supreme Court has begun to offer regular interpreter training2 and has established a hierarchy of proficiency designations which identify interpreters by their level of competence.3 The court also maintains a list of certified and registered interpreters sorted by language.4 By virtue of their credentials and qualification by the Office of Language Access, the interpreters on this list are prima facie qualified to interpret in the courtroom. Courts are encouraged to appoint interpreters on the list.

Nevertheless, registered interpreters do not always possess the oral language skills that constitute full language competency, as they are only required to pass a written exam. Certified interpreters must pass both. Accordingly, if you choose a registered interpreter, it is highly recommended that you ascertain whether the interpreter is competent to interpret in your particular matter. If the circumstances permit, this may be done informally, but if not, you should do so through voir dire.

• 1A good resource for general information is the National Center for State Courts, which provides resources on court interpreter certification. See Court Interpreter Resources, Nat’l Ctr. For State Cts.
• 2Resources for Interpreters: Interpreter Class Schedules, La. Sup. Ct.
• 3See generally La. Sup. Ct., Policy for Court Interpreter Certification and Reciprocity.
• 4Office of Language Access, La. Sup. Ct.

Attorneys should be fully familiar with the Louisiana Code of Professional Responsibility for Language Interpreters,1 as it is the basis of interpreter competency.2 The Code consists of 10 canons that capture interpreters’ core responsibilities: Accuracy and completeness; representation of qualifications; impartiality and avoidance of conflict of interest; professional demeanor; confidentiality; restrictions on public comments; scope of practice; assessing and reporting impediments to performance; duty to report ethical violations; and professional development. 

Of these 10 canons, three are of particular interest in understanding the nature of interpreters’ work: interpreters must interpret accurately and completely what they hear, they must remain impartial and avoid any conflict of interest, and their work must be kept strictly confidential. Anyone who is qualified as an interpreter by a court, including those listed by the Louisiana Supreme Court, should be presumed to have a certain acceptable level of competence and professionalism. However, attorneys should still retain some control over the appointment and competent performance of the court interpreter involved in their LEP clients’ court proceedings. 

Beyond ensuring that an interpreter is trained and follows the ethical canons, attorneys should keep in mind that interpretation involves the understanding of cultural factors that may impact credibility and the perception of fairness. Courts and attorneys must ensure that the interpreter renders the client’s “voice” accurately and without bias. If an interpreter is unqualified, breaches ethical norms, or fails to render an accurate and unbiased translation, an attorney may consider filing a complaint against the interpreter. The procedure for filing complaints can be found in the Louisiana Supreme Court’s “Language Access Complaint Policy.”3

• 1Rules of the Supreme Court of Louisiana: Part G. General Administrative Rules, La. Sup. Ct.
• 2La. Sup. Ct. R. pt. G, § 14.
• 3Off. Language Access, La. Sup. Ct., Language Access Complaint Policy.