5.4 Ethics

5.4 Ethics aetrahan Wed, 06/22/2022 - 11:17

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