Limited-language defendants pose challenge for courts- The Philadelphia Inquirer

http://www.bellinghamherald.com/2011/01/12/1812525/limited-language-defendants-pose.html

NORRISTOWN, PA. With a flick of his wrist, the interpreter at the front of the courtroom mimed the bang of a judge's gavel, his other hand pointing to the ceiling.
The crude gestures were meant to convey that the case against Juan Jose Gonzalez Luna would be heard in a higher-level court.
Gonzalez's face, however, remained vacant.

Did the 42-year-old - who is deaf, mute and illiterate, including no known knowledge of sign language - understand what had just happened?
As Gonzales has next to no language skills, his case has baffled Montgomery County courts since his arrest on drug trafficking charges late last year. While courts have come a long way in providing access to interpreters in a host of exotic languages, no one is sure how to translate for a man who knows no language at all.
"It's taken a really hard time to communicate even the most basic things," said Ed Rideout, his public defender. "To try to describe legal procedure to someone like that is virtually impossible."
Accommodating those with limited access to language is a rare problem in U.S. courts, but one that judges have met with limited success.
Many have avoided the problem, declaring such defendants incompetent to stand trial. Others have relied on a complex and imperfect method of interpretation, one still viewed with skepticism by many in the legal profession.
And while most courts say they do their best, a good effort is not good enough, said Michele LaVigne, a lawyer and scholar at the University of Wisconsin Law School.
It is not, after all, that defendants like Gonzalez are incompetent to stand trial, but that the U.S. court system largely remains ill-suited for trying them.
"The law is a language-based system," she said. "Drop someone in who can't access that immediately, and we still don't know what to do with them."
It may seem hard to believe that in an age of federally supported special education, people emerge into adulthood lacking a fundamental grasp of any language.
But 30 percent of deaf children leave secondary school functionally illiterate. Up to 15 percent of them can be categorized as having minimal to no language competency, according to the Wisconsin Department of Public Instruction.
Gonzalez's limited grasp began at infancy in the southern reaches of the Mexican state of Michoacan. Although uncertain of much of his client's history, Rideout thinks Gonzalez lost his hearing after a severe fever as a baby - a story re-enacted through pantomime.
With no formal education and little exposure to other deaf people, Gonzalez grew up virtually without language. He has picked up a few signs over the years.
But this inability to communicate is exactly what made him a valued member of a King of Prussia-based drug trafficking ring, prosecutors say.
Detectives arrested Gonzalez Oct. 8 after a purported cross-country smuggling drive, from Las Vegas to the Philadelphia suburbs, and seized more than 2 pounds of cocaine from his car.
"He makes the perfect drug mule," First Assistant District Attorney Kevin Steele said. "He can't consent to a search. He can't answer any questions about the operation."
Gonzalez has shown some limited ability to communicate.
Arriving at a recent preliminary hearing, he motioned toward detectives gathered around him. He pinched at his neck as if adjusting an invisible necktie. He bent his other arm mid-torso and clenched its fist, mimicking a heavy briefcase.
"He can't talk to the judge," one detective joked. "But of course he knows how to ask for his lawyer."
That assumption - that because such a defendant can convey basic messages, he is faking his inability to understand in the courtroom - is common, said Brandon M. Tuck, a Houston lawyer and author of a University of Pennsylvania Law Review article on dealing with witnesses with limited language.
In many recent cases, declaring incompetency for trial has become a standard reaction, Tuck said. Many judges order confinement to institutional language programs, hoping the defendant can be taught American Sign Language and eventually stand trial.
To work, though, the approach depends on a suspect's aptitude and willingness to pick up a new form of communicating late in life, LaVigne said. And the only incentive for many is the threat of possible prison time.
"ASL is a tough, tough language," LaVigne said. "There are some people who are just unreachable through this method."
After watching one of his own cases linger in New Jersey courts for nearly two decades, Passaic County Prosecutor Joseph Del Russo questions whether it works.
A judge first found one of his defendants - a Paterson man accused of raping two children - incompetent for trial in 1992. He ordered him to undertake ASL training at a state hospital.
Every six months since, the case has been called back for review. Each time, the result is the same. The defendant appears no closer to communicating.
"What other choice do we have?" Del Russo said. "We can't let these people commit crimes without recourse."
An alternative to forced sign language education has emerged over the last two decades. Known as relay interpreting, the process attempts to reach limited-language defendants through two interpreters working in the courtroom - one who translates from spoken English to ASL, and another who uses makeshift gestures and pantomime to communicate with the defendant.
An interpreter who was born deaf is essential in the second position, experts say, because that person is more attuned to thinking in strictly visual terms.
This second interpreter may spend hours prior to a hearing or trial working out an idiom unique to each defendant.
Consider the following example borrowed from Tuck's 2010 law review article:
A prosecutor asks a limited-language witness, "Did you take the train home last night?"
The ASL interpreter signs an approximate translation to the relay.
The relay interpreter then communicates the basic notions in a nonlingual fashion. He might hold out one arm to symbolize the horizon; on his other arm a clenched fist represents the sun. To convey the concept of night, he might move his fist below his outstretched arm.
As for the train, the interpreter could pantomime a scene the defendant would recognize in relation to train travel such as paying for a ticket at a turnstile.
But while relay interpreting has met with some success in reaching limited-language defendants, the process is both time consuming and costly.
What's more, this makeshift way of communicating can be inexact by legal standards. One can easily imagine pantomime for a lawyer or a train ride, but pantomiming a plea bargain is far more difficult.
Facing few other options, the Montgomery County courts have chosen relay interpreting to deal with Gonzalez. Their efforts have met with limited success.
At his preliminary hearing Monday, District Judge James P. Gallagher was satisfied that Gonzalez had at least a basic notion of why he had been arrested.
Though the man likely missed the finer points of the proceeding, Gallagher ordered the case held for trial.
But that three-minute hearing required hours of preparation, said Rideout, the public defender.
Interpreters used props, maps and photos of cocaine and vehicles to explain to Gonzalez the charges he faces. At times it looked as if they were getting nowhere.
"I had to tamp down our interpreters," a harried Rideout said moments before entering the courtroom. "They're ready to say this isn't working. I say, let's just get through this hearing."


Read more: http://www.bellinghamherald.com/2011/01/12/1812525/limited-language-defendants-pose.html#ixzz1BUeCkIwI

A Day in the Life of a Sign Language Interpreter

Mental Health - Publications by Shine

Hi all

Recently came across a great publication called 'Taking Control of your Mental Health'. It's a very comprehensive book that outlines the processes involved in diagnosis, medication and several other aspects of mental health services and care - great background for any of us who may be involved in mental health interpreting.

It's produced by SHINE who are involved in mental health awareness and they have several other publication online too.


Cormac

Interpreter Trainers' Network (ITN)

ASLIA National (Australia) has set up a new association for interpreter educators and trainers - the Interpreter Trainers' Network (ITN). 

Visit the website of the ITN at http://itn.aslia.com.au to see the resources and information available to teachers of interpreters. 

For more information contact Karen Bontempo at itn@aslia.com.au

ISL Interpreter Position in Omagh Area

http://ec.europa.eu/eures/eures-searchengine/servlet/ShowJvServlet?lg=EN&serviceUri=http://www.jobcentreonline.com:8080/EURESWS_/services/ServiceProvider&uniqueJvId=NI934572

Job Title:	Irish Sign Language Interpreter
Description:
JOB DUTIES : Working within an educational environment the successful candidate will help support clients through their learning with the help of Irish Sign Language. OTHER INFO : None. SALARY INFO : £20.00 per hour, paid weekly. EQUALITY STATEMENT : None.
Required languages:	Fluent English / Irish.
Geographical Information
Country:	United Kingdom	Region:	NORTHERN IRELAND
Salary / Contract
Minimum salary:	20.00
Salary currency:	Pound (Sterling)
Salary period:	Hourly
Hours per week:	18
Contract type:	TEMPORARY + PART-TIME
Extras
Accommodation provided:	No
Requirements
Education skills required:	Previous experience working in a learning / support role is required. Use of ISL (Irish Sign Language) at a professional level is essential. Fluent English / Irish.
Experience required:	Up to 1 year
Minimum age:	16
Employer
Name:	MPA Recruitment - Omaghhttp://ec.europa.eu/eures/eures-searchengine/servlet/ShowJvServlet?lg=EN&serviceUri=http://www.jobcentreonline.com:8080/EURESWS_/services/ServiceProvider&uniqueJvId=NI934572

Presentation and Workshop for ISL Interpreters, Limerick, 2nd Oct 2010

Puzzled? 

What IS that signer doing 

(and HOW am I supposed to interpret it)?

Presentation and Workshop

(For only ISL interpreters)

By Lorraine Leeson

Saturday, 2^nd October 2010

At Deaf Community Centre, 96A O Connell Street, Limerick City

At 3pm-5pm

Interpreters worldwide often express fear of voice-over and this sometimes has its basis in how they will be judged by other interpreters-or the audience. Some of this anxiety seems be based not in a lack of knowledge of English as a TL, but rather the relationship between the SL and the TL, and perhaps a lack of clarity regarding how information is structured. We know Daniel Gile’s Effort Model (Listening & Attention, Memory, Production, and Coordination) helps identify where interpreter processing goes awry. But-maybe what we also need to look again at what the signer is saying…this presentation and discussion introduces some recent findings from cognitive linguistics that are invaluable in helping interpreters figure out why certain types of text seem ‘harder’ to figure out than others, how the signer partitions out their body to represent different aspects of events, and how more than one perspective on an event can be encoded at one time. We will look at some examples and consider how an interpreter might produce a Target Language given these new ways of considering ISL Source Language messages, and also consider what this brings to SLIs working into ISL as a Target Language.

Tea & coffee will be provided

Let us know if you are coming by email: info@dcclimerick.eu or text 086 7348641

On Speaking Terms: HSE guide to use of interpreters

Hi all

Came across this document online:

On Speaking Terms - A user manual containing guidelines for staff on accessing and using interpreters




It's actually pretty good, and an effective way to ensure Deaf citizens get access to interpretation services in public hospitals. It forms part of the HSE's Emergency Multilingual Aid.






Regards




Cormac

Lost In Translation

http://www.corkindependent.com/local-news/local-news/call-for-regulation-of-sign-language-interpreters/

Cork Independent, 22 July 2010

A cork sign language interpreter has called for the complete regulation of the profession as he said the voices of deaf people in Cork are not being properly heard. Inaccurate legal, medical and educational sign language interpretations means that the testimony of deaf people could literally be getting lost in translation. Cormac Leonard is an accredited interpreter, who interprets for the Cork Deaf Association.

"There are around 6,000 people in Ireland who have Irish Sign Language as their main language. Deaf people are now being encouraged to take part in society more, such as college courses and employment."

However, he said that profiteering unqualified interpreters were working in Cork. "Despite the presence of qualified and accredited interpreters, individuals with no training or qualifications are practicing as signers or interpreters and, in many cases bringing the profession into disrepute," he said.

Dismissed

In 2008, charges were dismissed in a case where a young deaf woman in Kanturk was allegedly the victim of a violent attack. Judge Michael Pattwell dismissed the case against two sisters after it emerged that a statement had been taken from a deaf witness for defence without an interpreter on the night of the incident.

The judge also stated that an interpreter used at a previous court sitting had not been properly trained or qualified. "This is an example of how services are not aware of the need to use qualified and accredited interpreters.

"It is not sufficient to just be someone with good sign language - issues around translation, cultural difference, interactional management, and above all a solid grounding in ethics and professionalism including confidentiality, are essential," he said. "Deaf people are reluctant to criticise these cowboy interpreters and in many cases the bodies providing the service refuse to use a professional interpreter. Ethics are always an issue as quite often, unqualified interpreters tell deaf people what to do and give advice and what to say. This is so wrong."

According to Mr Leonard, legal and medical bodies that do not know sign language cannot accurately assess the quality of the service. "And so a vicious circle ensues, and marginalisation of vulnerable people is embedded into the system," he said.

At present, the only recognised qualification in Ireland for interpreters is the four-year degree in the Centre for Deaf Studies, Trinity College Dublin. "Interpreters at present have no professional body, the Irish Association of Sign Language Interpreters having closed in 2007 for a variety of reasons," said Cormac. But discussions are underway to establish a new group and lay down standards for interpreting in courts, hospitals and for public bodies.

Cormac is one of three interpreters who are working for change through the websitewww.corkinterpreter.com. He added that UCC and CIT, however, had strict policies when hiring interpreters for their deaf students. "It is vital that interpreters don't just translate word for word, but understand the context and cultural meaning of the message.

"This is a problem as deaf people never want to kick up a fuss, so they will never complain," he added.

At risk: Unqualified Counselors in Cork

http://www.corkindependent.com/local-news/local-news/at-risk/

The lack of regulation in the counselling profession is allowing unqualified people to run counselling services in Cork, according to the Irish Association for Counselling and Psychotherapy (IACP). With a total of 530 IACP members operating in the southern region, the IACP has called for regulation to prevent vulnerable clients being put at risk.

Geraldine Burke, Chairperson of the IACP Southern Regional Committee, told the Cork Independent that she was aware of unqualified operators running counselling services in Cork.

"There are people working as counsellors who have not trained or are not accredited with anybody. There is more to the job than just being a good listener. "Counsellors and psychotherapists deal with a range of sensitive issues. A person may be feeling vulnerable when they attend a counsellor or psychotherapist," said Ms Burke, who runs an IACP accredited counselling service in the city.

"It requires a high level of qualification to deal appropriately with sensitive and complex issues, such as anxiety, abuse, addiction, or relationship difficulties," she said. She explained that it takes five to six years to gain accreditation as an IACP registered counsellor or psychotherapist.

"Yet, anyone could do a year or three-week course, buy business cards and hang a sign outside the door, without any qualifications." She said that clients should be wary of counsellors who ask inappropriate questions during sessions.

"People need to ask if their counsellor is accredited too and ask for certificates to prove qualifications. And clients should not be asked about anything which has no relevance to the issues they are dealing with. At all times, boundaries must never be crossed.

"A number of my clients have even discussed their bad experiences with counsellors who we know are not qualified or accredited." However, she said the nature of the service was preventing people from speaking up about dodgy services.

"Vulnerable clients don't want to complain as their sessions are personal and private. This is why we need a regulation of the profession," she said. According to the IACP, anxiety and depression are most frequently occurring reason for people visiting counsellors or psychotherapists.

Naoise Kelly, National Director of IACP, said this week that the Association's accredited members must also fulfil further requirements. "Members of the public may not be aware of the levels of qualification required to be an IACP accredited counsellor or psychotherapist." He said that members also had to complete ongoing professional development to maintain their accreditation.

Deaf woman in jury disqualification challenge

A deaf woman who took a legal challenge after she was disqualified from serving on a jury has won part of her case in the High Court.

The court ruled that a County Registrar was not entitled to exclude Joan Clarke, from Loughrea, Galway, from jury service.

However, the judgment does not clear the way for deaf people to serve on a jury.

Mr Justice O'Keefe said the presence of a sign language interpreter in a jury room would breach confidentiality, which is an integral part of trial by jury.

Lawyers for the Free Legal Advice Centres who took the case on Ms Clarke's behalf said they will return to court next week to pursue other aspects of the case.

http://www.rte.ie/news/2010/0714/clarkej.html