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December 27, 2005
Court interpreters in demand
The legal vocabulary of judges and lawyers is complicated enough for people who speak English as a native language. But as Brown County's population becomes more diverse — with many residents' native tongues a language other than English — the challenge is to make sure everyone understands what's going on if they're faced with legal problems and potential penalties.
The costs of providing interpreters in the Brown County Courthouse has nearly quadrupled in the last 10 years, according to records kept by the Brown County Clerk of Court's office. The $10,635 spent in 1996 grew to $40,512 in 2004 and is on pace to match it in 2005.
The lion's share of the money — about 94 percent in 2004 — was used to pay people to interpret court proceedings from English to Spanish and back again.
And as the Spanish-speaking population grows, so does the need for interpreters.
The county's Hispanic population grew by almost 40 percent in recent years, climbing from 8,655 in 2000 to 12,065 in 2004, according to population estimates released by the U.S. Census Bureau in August. Most of the Hispanics are of Mexican ancestry and most are concentrated in Green Bay. And although ethnicity is not a true measure of language ability, it does dovetail with information about language and dialect collected by the U.S. Census Bureau in 2000.
The 2000 census showed 4,400 people in Brown County spoke no English or spoke English, but not very well. The bulk of that group — about 73 percent — were Spanish-speakers, with another 20 percent speaking an Asian dialect, according to 2000 census records, the most recent available.
The increased need for interpreters is a trend in almost every county in the state, said Carmel Capati, court interpreter program manager for the Wisconsin Supreme Court.
"There is still a scarcity of … qualified interpreters because for legal interpreting, it is imperative that accuracy be at the forefront, whereas opposed to something like medical interpreting, where there is a little more leeway with the interpreter being allowed to perhaps act a little more like an advocate," Capati said.
"In court, court interpreters cannot do that."
The court is required to appoint an interpreter for anyone who does not fully understand English in all adult criminal matters, as well as vulnerable adult cases, child protection hearings, mental commitments and juvenile matters.
The court can also appoint interpreters in other cases — such as divorces or civil cases, but that is at a judge's discretion.
State guidelines call for using certified interpreters "whenever possible, particularly for more complex court proceedings." In all, there are 34 certified interpreters on the state's roster, Capati said. One of them is from Brown County.
Most of the courthouse interpreters in Brown County courts are classified as provisional interpreters — individuals qualified to interpret but who have not yet undergone the full battery of tests for certification.
Miguel Moran, 35, has worked as an interpreter in the Brown County Courthouse for the last three years. He is one oral test from completing the state's certification process. Alberto Aguilar, Moran's boss at International Translators, is the county's only certified interpreter, according to the state's roster.
A native of El Salvador, Moran moved to Australia at age 15 and holds Australian citizenship. He spoke little English when he moved there, but quickly adapted to the language and considered himself fluent by the end of high school.
He met his wife, a native of Appleton, while she was an exchange student in Australia and moved to Wisconsin three years ago. A computer tech by trade, he took a job as a medical translator when he landed in Titletown.
"I don't think in Spanish much anymore," Moran said. "I think in English unless I have to think in Spanish to translate for someone."
The biggest challenge to courtroom work is the pace and the volume. Soft-spoken people and quick-talking lawyers are his biggest frustration.
His satisfaction comes from knowing he's helped people understand what's going on in a strange and often hostile, confrontational environment.
"I enjoy the feeling I get after helping someone," Moran said. "I was in the same situation as most of the people I help. I can relate to them in that way.
"In a way it was easier for me because I was a teenager. It was just a hassle. For an adult, I can see how it can be more frustrating."
Moran said he often frustrates those he helps when they look to him to be a curbside lawyer — something that would violate his ethical obligation to the court.
"A lot of people get upset with me because they think I can give them legal advice," Moran said. "Usually they understand once I tell them I am just there to translate and that it's actually illegal for me to give them advice."
Jeff Cano, a lawyer with the state Public Defender's office, said the availability of interpreters in Brown County has improved significantly in recent years.
"There are plenty of them around now," he said. "It's a lot better than it was five or six years ago."
Cano, who speaks fluent Spanish, can communicate with his clients on his own, but still must have an interpreter on hand to translate what is said in court.
The state reimburses Brown County for interpreter expenses for defendants who are indigent, which also means they likely qualify for the services of the defense lawyers in Cano's office. Of the $40,512 spent on interpreters in Brown County last year, the state contributed $36, 892 — more than 90 percent.
And while defendants who speak other languages don't come along as often, it can be challenging tracking down a qualified interpreter. On several occasions this year, hearings for high-profile cases were scuttled because appropriate interpreters were not available.
For example, the criminal case against a 45-year-old man accused of instigating dog fights in his South Broadway home stalled when the Hmong interpreter became a witness. The woman knew the defendant and provided information about the amount of English the man knew, which affected the legality of the search of his home.
The case against murder suspect Jie Chen has been delayed at least twice due to a lack of an interpreter qualified to speak Mandarin Chinese. Chen is one of two men accused of killing De Pere restaurant owner Susan Gong in her Ridgeway Boulevard home in October 2004 in De Pere.
One growing segment of the need is services for those with hearing impairment.
Expenses for interpreters for American Sign Language, a negligible portion of the pie in 2003, accounted for 9 percent of the translation services in Brown County during the first half of 2005.
Interpreting for the hearing impaired is not regulated by state law, but rather the Americans with Disabilities Act, a federal mandate. Anyone with hearing difficulties gets an interpreter, Capati said.
A person involved in a court case can bring in someone to interpret for them if they choose, but the court is required to make "reasonable accommodations" if the participant requests assistance.
And it's usually more expensive, too.
Sign language interpreters generally charge more because they are a scarce commodity, Capati said.
"That is the sort of crisis that is occurring across the country," Capati said. "There are not enough sign language interpreters anywhere. Wisconsin is certainly feeling the shortage."
"And under the (Americans with Disabilities act), this is not something the circuit courts can try to recoup as an expense," she said.
By Andy Nelesen
http://www.greenbaypressgazette.com/apps/pbcs.dll/article?AID=/20051227/GPG0101/512270484/1207/GPGnews
Posted by 4HL on December 27, 2005 9:11 AM
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