The gold-standard of interpreting in Indiana courtrooms is to provide LEP individuals with a Certified Interpreter. Certified Interpreters are important because their interpreting skills for court use have been rigorously tested. The friendly helper in the back of the court room who is bilingual in Spanish and English typically does not know all the legal words being used by a court. There can be a serious risk of improper or inadequate interpretation when using anyone other than a Certified Interpreter. The Court of Appeals of Indiana will address several pending cases on interpretation issues, so it is important to utilize a Certified Interpreter whenever possible.
What are the options for a court when faced with a litigant who speaks a language where certification doesn’t exist?
Currently there are only twenty-one languages in which an interpreter can become court-certified: Arabic, Bosnian/Serbian/Croatian, Cantonese, Mandarin, French, Haitian, Creole, Hmong, Ilocano, Khmer, Korean, Laotian, Marshallese, Polish, Portuguese, Russian, Somali, Spanish, Tagalog, Turkish and Vietnamese. The National Center for State Courts has identified these languages as those most frequently used across the United States. But, they do not necessarily reflect the language access needs of Indiana courts in 2015. Specifically, interpreters for languages such as Burmese, Punjabi, and American Sign Language are becoming more frequently requested by Indiana courts. These languages, often referenced as Languages of Lesser Diffusion (“LLDs”) or Languages other than Spanish (“LOTS”), have posed a challenge for Indiana courts. To date, there has been no way to verify that the interpreters in these languages possess the minimum skills and knowledge required to accurately and adequately interpret in the courts.
The Indiana Supreme Court recently created a new level of interpreter to respond to this concern. This new “Qualified Interpreter” must complete all the same requirements as the Certified Interpreter, with the exception of the oral examination. Instead of an oral examination, the Qualified Interpreter will take an Oral Proficiency Interview in both English and the target language. This interview differs from an oral interpretation exam because it tests their language proficiency but not their interpreting skills. The Qualified Interpreter will have passed testing in ethics and legal terminology, will possesses the requisite language skills in both English and the target language, and will vow to uphold the Indiana Interpreter Code of Conduct. Using someone with the “Qualified” designation assures the court that he/she has the minimum requisite skill to interpret in a court setting.
On December 5, 2014, the Indiana Supreme Court swore in the first four individuals as Qualified Interpreters. They were sworn in for American Sign Language, Thai, and Certified Deaf Interpretation (Certified Deaf Interpretation is a skill used for deaf individuals who do not or cannot use American Sign Language). These Qualified Interpreters can be used in Indiana courts and help ensure meaningful access to our legal system for LEP individuals.
Current Court-Certified Languages:
- Arabic
- Bosnian/Serbian/Croation
- Cantonese
- Mandarin
- French
- Haitian
- Creole
- Hmong
- Ilocano
- Khmer
- Korean
- Laotian
- Marshallese
- Polish
- Portuguese
- Russian
- Somali
- Spanish
- Tagalog
- Turkish
- Vietnamese