As the number of non-English speaking individuals living in the United States increases, so does the need for a variety of translation services. In a court of law, specifically, the ability to access a legal translator can be considered a human right.
What is a Court Interpreter?
A court interpreter is a type of legal translator who assists by providing simultaneous translations between the various participants of the court proceedings (the defendant, plaintiff, lawyers, or judge, for example). In some cases, court interpretation may be the only way for a non-English speaker to participate fairly in a court of law.
The Right to an Interpreter
Unfortunately, the United States Constitution contains no direct recognition of the right to a court interpreter, nor is the right to an interpreter expressly recognized by the Supreme Court. However, in an effort to acknowledge the growing need for translation in the courtroom, the Court Interpreters Act was enacted in 1978. Now, most states have employed similar legislation. North Carolina, for example, provides basic information for Spanish speakers who want to know more about their rights to a legal translator.
Some states, however, have refused to comply with this legislation, and the United States Justice Department has been forced to intervene in six of these states since 2010.
A Complex Process Leaves Room for Error
Additionally, the nuances of language are difficult to comprehend for anyone who has not truly mastered both languages for which they are translating. One misunderstanding in Virginia led to a man’s fear that he was being accused of sexual assault rather than a simple traffic violation. In Spanish, “violación” does not mean “violation.” It means “rape.”
Stories like this one further emphasize the need for truly skilled and professional legal translators. It is crucial that these translators are not only trained meticulously, but also that they are numerous enough in order to tackle the workload precipitated by the lingual diversity of the United States.