4.01 Purpose
Court interpreters are communication facilitators for LEP and DHH individuals who are engaged as parties or witnesses in court events in the Trial Court, and, as such, play a vital role in the protection of their rights. This role requires an understanding by the interpreter of the complexities of the tasks to be performed. In performing these tasks, interpreters should be guided by these ethical principles and standards promulgated pursuant to G.L. c. 221C and c. 221, § 92A.
- (A) Court Interpreters are highly skilled professionals who fulfill an essential role in the administration of justice by helping to ensure that LEP and DHH individuals obtain equal access to justice by ensuring that court events proceed effectively. As officers of the court, court interpreters help to ensure that LEP and DHH individuals obtain equal access to justice.
- (B) LEP and DHH individuals who come before the courts are partially or completely excluded from full participation in court events due to their limited ability to speak, read, write, hear, or understand English. It is essential, to the extent possible, that any communication barriers be removed, so that LEP and DHH individuals are placed in the same position as similarly situated persons who have no such barriers.
- (C) The Code of Professional Conduct for Interpreters in the Trial Court seeks to accomplish the following:
- Ensure meaningful access to all court events for LEP and DHH individuals by providing the assistance of competent interpreters during court events,
- Protect the constitutional rights of LEP and DHH individuals by providing the assistance of competent interpreters during court events,
- Increase efficiency, quality, and uniformity in handling events that involve interpreters, and
- Encourage the broadest use of professional interpreters by all those in need of such services within the Trial Court.
4.02 Applicability
This Code applies to all court interpreters providing interpreting services at any court event or program in any department or division of the Trial Court. The Code shall guide and be binding upon all persons, agencies, and organizations that administer, supervise, or deliver interpreting services to the Massachusetts Trial Court.
- (A) The Code defines and governs the practice of interpreting in the Trial Court and applies to all court interpreters providing interpreter services:
- In any court event in the Trial Court of the Commonwealth,
- With an attorney or other person in connection with any matter that is brought before a court, and
- In any other activity, program or function ordered by the court or conducted under the supervision of a court department.
4.03 Accuracy and Completeness
Court interpreters must render complete and accurate interpretations, sight translations, or written translations without altering, omitting, or adding to any statements, whether oral, written, or signed.
- (A) Interpreters have a two-fold duty to ensure that:
- Court events reflect accurately what LEP and DHH individuals communicate, and
- LEP and DHH individuals are on equal footing in the court system with individuals who are fluent English speakers and are not hearing impaired. Interpreters have a duty to ensure that they provide a target-language interpretation that preserves the meaning and register of the source-language utterance, be it for the LEP and DHH individuals or for English-speaking participants.
- (B) Interpreters must agree to be bound by the oath set forth in Section 14.03 of these Standards and Procedures.
- (C) Interpreters must interpret the original source material without editing, summarizing, deleting, or adding, while preserving the language level, style, tone, and intent of the speakers. LEP and DHH individuals may request explanations or clarifications, if necessary, through the interpreter.
- (D) Interpreters must apply their best skills and judgment to preserve the meaning of what is communicated in court, including the style of the communication or register of speech. Verbatim, "word for word," or literal interpretations are not appropriate when they distort the meaning of the source language. Therefore, every spoken or signed statement, even if it appears non-responsive, obscene, rambling, or incoherent, should be interpreted, including apparent misstatements.
- (E) When interpreting slang, idioms, or culturally-bound expressions that do not translate easily, interpreters must find a way to express them accurately so that the intended meaning is preserved. If that is not possible, interpreters should repeat the term to the court or appropriate court authority in the source language.
- (F) Interpreters should not interject their own words, phrases, expressions, or signs. If the need arises to explain an interpreting problem (e.g., a term or phrase with no direct equivalent in the target language, a misunderstanding that the interpreter can clarify, etc.), interpreters should ask permission to provide an explanation.
- (G) The obligation of interpreters to preserve accuracy includes the duty to correct any errors of interpretation they discover or learn about during their assignments. Interpreters should objectively analyze any challenges to their performances.
- (H) Whenever an interpreter discovers errors of interpretation in court events involving testimony from LEP or DHH individuals, the interpreter shall correct the errors on the record at once, first identifying him/herself for the record. If the errors of interpretation are discovered after testimony has been completed, the interpreter shall immediately inform the judge, clerk or register, or other appropriate court authority and follow their direction.
- (I) When an error of interpretation has been brought to the attention of the court by someone other than the interpreter, the court will confer with counsel and/or the parties and the interpreter. The court must first determine whether the alleged error is substantial enough to warrant correction. If the court finds that the error could be prejudicial, then the court will hear evidence, out of the presence of the jury, if any, as to the correct interpretation. At the hearing on the error, evidence or argument may be offered by counsel, an unrepresented litigant, and/or by the interpreter. Testimony may be taken from any other persons or experts as permitted by the court. The judge or other appropriate court authority may also bring in another interpreter to assist the court in making the determination. The court will make a final determination on the evidence as to the correct interpretation. If the correct interpretation is different from the original interpretation, then the court must amend the record accordingly and so instruct the jury. The Clerk’s or Register’s office must ensure that all corrections are captured in the file.
- (J) All corrections to the record and a copy of the audio recording will be sent by the court or its designee to the OLA’s Deputy Director within two weeks of the identification of the error. The Deputy Director will order a transcript of the audio recording and meet with the interpreter to discuss the correct interpretation, and such record will be placed in the interpreter’s file and may be utilized for future interpreter trainings. If the interpreter was assigned through MCDHH, then the Deputy Director will inform MCDHH management.
4.04 Impartiality and Avoidance of Conflict of Interest
Court interpreters must be impartial and unbiased in their interpretations and must refrain from conduct that may give an appearance of bias. Interpreters must disclose any real or perceived conflicts of interest either at the start of the assigned events or as soon as the allegations of possible conflicts of interest become known. Central to ensuring the impartial and unbiased provision of interpreter services is the prohibition in Section 14.05 of these Standards & Procedures against anyone other than OLA or MCDHH assigned interpreters providing interpreter and translator services in court events.
- (A) All OLA staff court interpreters shall be governed by the provisions of G.L. c. 268A regarding any conflict of interest.
- (B) OLA staff court interpreters may, subject to the provisions of G.L. c. 268A and any applicable collective bargaining agreements, accept court interpreter assignments during hours or times when they are not employed by the Trial Court.
- (C) Interpreters must not engage in or have any interest, direct or indirect, in any business or transaction that relates to the matter for which they are or have interpreted for. They must not incur any obligation which is in conflict with the proper discharge of official duties in the court or impairs independence of judgment in the discharge of such duties.
- (D) Interpreters must not accept money or favors from anyone for the performance of any duties they would be required or expected to perform in the regular course of their assignments. Interpreters must not accept any gifts, gratuities, or favors of any kind which might be construed as an attempt to influence their actions in the Trial Court.
- (E) Interpreters must not use, for private gain or advantage, the court’s time, facilities, equipment, or supplies. They must not use or attempt to use their positions to secure unwarranted privileges or exemptions for themselves or others.
- (F) Interpreters must avoid any conduct or behavior that presents the appearance of favoritism toward any party. All interpreters must limit themselves to professional relationships with the parties they serve.
- (G) Interpreters must treat all persons equally with dignity and respect regardless of race, creed, national origin, political affiliation, gender, identity, age, disability, socio-economic class, and all protected classes as defined in G.L. c. 151B.
- (H) To maintain impartiality, interpreters must limit their communications with parties, witnesses, jurors, attorneys, or with friends or relatives of any party. This does not limit, however, those appropriate contacts necessary to prepare adequately for assignments. It is especially important that interpreters, who are often familiar with attorneys and other individuals who regularly appear in the courtroom, refrain from casual and personal communications to avoid an appearance of a special relationship or partiality to any of the court participants. Verbal and non-verbal displays of personal attitudes, prejudices, emotions, or opinions must be avoided at all times.
- (I) In the event that interpreters become aware that a participant in a court event views them as being biased, the interpreters must disclose that knowledge to the appropriate court authority and counsel, who shall inform the court.
- (J) Before providing services in a matter, interpreters must disclose to all parties and appropriate court authority any prior involvement with the parties or the matter itself, whether personal or professional, that could be reasonably construed as a conflict of interest. This disclosure must not include privileged or confidential communications.
- (K) The following are circumstances that are presumed to create actual or apparent conflicts of interest for interpreters which require disclosure and, in most cases, would require disqualification:
- The interpreter or immediate family member of the interpreter is a friend, associate, relative, employer, employee, client of a party, counsel, or advocate for a party involved in the court event;
- The interpreter has served in an investigative capacity for a party involved in the case;
- The interpreter or a member of the interpreter’s immediate family has a financial interest in the subject matter in controversy or with a party in the proceeding, or any other interest that might be affected by the outcome of the case; or
- The interpreter has been involved in the choice of counsel or law firm for the case.
4.05 Professional Demeanor
Court interpreters shall reflect proper court decorum and conduct themselves with dignity and respect toward Trial Court personnel, litigants and other court users.
- (A) Interpreters must know and observe the established standards, rules, and procedures for delivering interpreting services.
- (B) When speaking in English, court interpreters must speak at a rate and volume that enables them to be heard and understood throughout the courtroom.
- (C) Interpreters must work without drawing undue or inappropriate attention to themselves.
- (D) When possible, interpreters should avoid obstructing the view of any individual involved in the court events.
- (E) Interpreters must avoid conduct which could discredit or reflect poorly upon the court, including, but not limited to, overly familiar behavior towards any person participating in the proceeding or court personnel.
- (F) Interpreters are encouraged to support other interpreters by sharing court and legal related knowledge.
- (G) Interpreters must dress in a manner consistent with the dignity of the court and their professional role as impartial participants. This applies also to attire or symbols that could create the perception of partiality or bias on the part of the interpreters.
- (H) Interpreters must appear on time and report to the appropriate court personnel immediately upon arrival. See Section 10.00 Arrival and Departure Procedures, these Standards & Procedures.
- (I) Interpreters must not make arrangements directly with the court or counsel for a substitute in cases to which they have been assigned. Rather, absent an emergency, a 24-hour cancellation notice must be given to OLA (or, if applicable, to MCDHH) which will arrange for a substitute.
- (J) Interpreters must wear any Trial Court issued identification badges in such a manner as to make their presence clear to all persons in court.
4.06 Confidentiality and Restriction of Public Comment
- (A) Interpreters must protect and uphold the confidentiality of all privileged information obtained during the course of their duties. It is especially important that interpreters understand and uphold the attorney-client privilege, which requires confidentiality with respect to any written or oral communications between attorney and client. This rule also applies to other types of privileged communications that may have statutory protection, such as doctor-patient, social worker-client, or priest-penitent relationships.
- (B) Interpreters must also refrain from repeating or disclosing information obtained during their assignments.
- (C) Unless ordered by a court, interpreters must never reveal privileged or confidential information for any purpose.
- (D) In the event that interpreters become aware of information that suggests imminent harm to someone or relates to a crime being committed during the course of the court events, they shall immediately disclose the information to the judge or other appropriate court authority, and, if not available, a police department that can reach an emergency judge.
- (E) Interpreters must not use any knowledge obtained in the performance of their duties for their own or another’s personal gain.
- (F) Generally, interpreters must not discuss their assignments with anyone other than persons who have a formal duty associated with the assignments. However, interpreters may share information for training and educational purposes, divulging only so much information as is required to accomplish these purposes without revealing any identifying information.
4.07 Scope of Practice
Court interpreters must limit themselves to interpreting or translating and must not give legal advice, express personal opinions to individuals for whom they are interpreting, or engage in any other activities that may be construed as constituting a service other than interpreting or translating.
- (A) Except as outlined in Section (B) below, interpreters must not perform acts, such as filling out forms or paperwork, that are the official responsibility of other court officials including, but not limited to, court clerks, investigators, interviewers, or probation officers.
- (B) In the event that an LEP individual needs to fill out forms, court staff should provide the LEP with the Trial Court’s translations of said forms, available through mass.gov under “translated court forms.” If the LEP still has questions about the forms, court staff should ask for the assistance of a court interpreter. Court staff should keep in mind that the interpreter may have other cases to interpret for as well. If an LEP is illiterate, the court interpreter will either sight-translate the English form or read the translated form out loud. The individual will dictate the answers, and the interpreter will fill in the English-language form. In the case of a longer written statement (e.g. a restraining-order affidavit or victim impact statement) the individual will dictate the statement to the court interpreter, who will transcribe it verbatim. The interpreter will then read back the statement to the individual, to confirm its accuracy. Finally, the interpreter will produce a translation of the statement into English, which shall be signed and dated by the interpreter. “Interpreters may interpret the legal advice given by attorneys to the individual for whom they are interpreting; however, they must not explain the purpose of services or otherwise act as counselors or advisors unless they are interpreting for an individual who is acting in their official capacity.
- (C) Interpreters may translate the language on forms, but must not explain the forms or the purpose of the forms unless they are interpreting information court staff provide about the forms.
- (D) Interpreters shall not recommend attorneys to LEPand DHH individualsortheir respective friends or family members.
- (E) Interpreters will interpret audio or video recordings with adequate preparation. When possible, the court will allow interpreters an opportunity to transcribe and/or translate an audio or video recording in advance of court proceedings.
- (F) Interpreters will interpret lengthy messages, handwritten texts and social media posts with adequate preparation. When practicable, the court will allow interpreters time to prepare or review lengthy messages, handwritten text, or social media postings.
4.08 Assessing and Reporting Impediments to Performance
Court interpreters shall provide professional services only in matters or areas in which they can perform to professional standards. At all times, interpreters shall assess their ability to provide their services. If interpreters have any reservations about their ability to fulfill assignments, they shall immediately convey their reservations to OLA at the point of assignment or the appropriate court authority during a court proceeding and OLA management.
- (A) If the communication mode or language of the LEP or DHH individuals cannot be readily interpreted, then the interpreters must notify the appropriate court authority.
- (B) Interpreters must notify the appropriate court authority of any environmental, linguistic, or physical limitations that impede or hinder their ability to deliver interpreting services. If interpreters, while performing their official duties, feel harassed or intimidated by an officer of the court or by anyone present at the court events, then the interpreters must so inform the presiding judge or other appropriate court authority and OLA Management (and, where applicable, MCDHH).
- (C) When court events involve slang, idiomatic expressions, regional dialects, or technical or specialized terminology with which the interpreter is unfamiliar, they may request a recess to familiarize themselves with the terminology. Interpreters may request that the judge or other appropriate court authority instruct experts to speak slowly and clearly. Interpreters may request breaks as needed. Interpreters may ask witnesses or attorneys how to spell words they have spoken. Interpreters may request other accommodations from the court.
- (D) Interpreters must notify the appropriate court authority and OLA Management (and, where applicable, MCDHH) if they are unable to perform competently due to:
- Their lack of familiarity with terminology;
- Insufficient preparation;
- Difficulty in understanding a witness or party;
- A serious communication problem with the LEP or DHH individuals (e.g., individuals are disruptive, do not allow the interpreters to speak/sign, etc.);
- Personal biases; or
- The language and subject matter of the court events are likely to exceed their skills or capabilities.
- (E) Prior to the commencement of an assignment, interpreters must be allowed to communicate briefly with LEP and DHH individuals to instruct them about the proper role of interpreters. When LEP or DHH parties or witnesses have counsel, interpreters must speak with counsel before communicating with their client. Counsel must be present when the interpreter communicates with their client.
- (F) Interpreters must advise the LEP or DHH individuals, as follows:
- Interpreters will interpret any and all questions and answers;
- LEP and DHH individuals must wait for the full interpretation before responding to a question;
- LEP and DHH individuals must not ask the interpreters any direct questions or initiate any independent dialogue with the interpreters, including requests for legal advice or explanations on any statement made during the proceedings; and
- LEP and DHH individuals must direct all questions to counsel or to the appropriate court authority.
4.09 Duty to Report Ethical Violations
Court interpreters who discover anything which would impede full compliance with this Code must immediately report it to the court and to OLA Management.
- (A) Interpreters must immediately report to the presiding judge or other appropriate court authority any solicitation or effort by another to induce or encourage the interpreters to violate any law or standard of this Code or any other provision governing interpretation promulgated by the Massachusetts Trial Court.
- (B) Interpreters must report to the appropriate court authority, and OLA Management (or to MCDHH, as applicable) any effort to influence the way in which the interpretation is being conducted. However, there is not a duty to report a one-time question or request that reflects a misunderstanding of the proper role of interpreters. If, having been apprised of the proper role of interpreters, the LEP or DHH individual persists in asking the interpreter to perform inappropriate functions, the interpreter must report the conduct.
4.10 Professional Development
Court interpreters shall continually improve their skills and knowledge.
- (A) Court interpreters shall advance their professional competence through activities such as professional training, education, workshops, and interaction with colleagues and specialists, and reading current literature in related fields.
- (B) Court interpreters must continually strive to increase their knowledge of the languages in which they work, including past and current trends in technical, vernacular, and regional terminology, as well as their application within court proceedings.
- (C) Court interpreters shall keep informed and updated about all statutes, rules of court, and policies of the Trial Court that relate to the performance of their professional duties, such as the Trial Court Personnel Policies and Procedures Manual (PPPM), which governs staff court interpreters only.
- (D) Consistent with Sections (A) and (B) above, ASL and DHH Interpreters shall follow the standards set by MCDHH to continually improve their skills and knowledge.
4.11 Interpreting Protocols for Court Interpreters
Court interpreters shall interpret and translate during court events using the appropriate modes of interpretation and address.
- (A) Court interpreters shall use the consecutive mode for all question and answer exchanges with LEP individuals and shall use the simultaneous mode for most other court events. Court interpreters shall sight translate documents for as requested by the judge or other appropriate court authority.
- (B) It is common for court interpreters to shift from one mode of interpretation to another, depending on the situation and according to the following standards:
- The consecutive mode of court interpretation requires court interpreters to wait for the speakers to complete their statements before rendering an interpretation. This mode shall be used when LEP individuals are giving testimony or when the judge, counsel, or officer of the court is in direct dialogue with the LEP individuals.
- The simultaneous mode of court interpretation requires court interpreters to interpret contemporaneously with the speakers. This mode shall be used when LEP individuals are not in dialogue or giving testimony.
- Sight translation is when court interpreters orally translate documents on the spot at the request of a judge, lawyer, probation officer, clerk, or other appropriate court authority. The same principle of accuracy applies to sight translation as it does to all other court interpreter duties. Court interpreters shall not add to, omit part of, delete, or improve a written source text. Therefore, if the text to be translated is a sworn statement by a person with limited literacy, the court interpreter’s translation shall preserve the register and errors of the source text, using the translator’s note “sic” inside brackets [] if they feel it is needed to make it clear that the error is in the source text.
- Court interpreters may request a brief recess to review any documents they are asked to sight-translate. Court interpreters may agree to sight-translate on the record only if it is feasible to do so, and the interpreters are confident they can accurately and immediately sight-translate them. Otherwise, court interpreters may inform the court or other appropriate court authority that they need more time, or that a formal written translation needs to be prepared at the expense of the party seeking to introduce such evidence so as to ensure accuracy due to length, terminology, or complexity of syntax.
- (C) Court interpreters shall not summarize court events at any time unless instructed to do so by the judge or other appropriate court authority.
- (D) Court interpreters shall address the court and identify themselves as court interpreters by using the third person singular in order to avoid confusion on the record. For example, “Your Honor, may the interpreter hear the question again?
- (E) Court interpreters shall utilize the first person singular when interpreting for LEP individuals giving testimony or in dialogue with another person. For example, if the LEP says “I am hungry” in a language other than English, the interpreter will say “I am hungry” in English. Persons addressing the LEP individuals (e.g., attorneys, clerks, judges, and probation officers) shall use the second person. For example, “what is your name?” and not “ask him what his name is.”
- (F) Whenever possible, and particularly with respect to lengthy and complex criminal and civil trials, court interpreters shall prepare for cases by reviewing case materials. Court interpreters may ask counsel if they will be referring to any documents during their examinations and ask for access to review those documents. Such materials may be requested from the district attorney and/or the attorney for the LEP individual. Court interpreters shall use the information solely for technical preparation and may not disclose the information to any person or parties.
- (G) Whenever possible, court interpreters shall familiarize themselves with the speech pattern of the individual for whom they are interpreting.
- (H) If there are critical words, phrases, or concepts which court interpreters do not understand, they shall so inform the judge or other appropriate court authority as soon as possible. The judge or other appropriate court authority may request an explanation, rephrasing, or repetition. Court interpreters may request the spelling of a word or time to look up any unfamiliar words.
- (I) Court interpreters shall interpret the exact response of speakers even if the answers to questions are non-responsive or erroneous.
- (J) If LEP witnesses occasionally speak a few words in English, court interpreters shall repeat such words in English for the record so that people listening to the recorded court event may continue following the voices of the court interpreters. However, should an LEP individual utter full responses in English, court interpreters will stand back so that the parties are aware of the English responses.
- (K) If, during the taking of testimony, speakers use a word, phrase, or concept for which the court interpreter finds no appropriate equivalent in the LEP individual’s language because there is no cultural equivalent or because it may prove ambiguous in translation, the court interpreter should so inform the appropriate court authority.
- (L) Whenever an objection is made to an LEP individual’s testimony taken through a court interpreter, the court interpreter shall interpret everything that was said up to the time the objection was made and instruct the witness, by hand gesture, not to speak until the court has ruled on the objection. The interpreter will simultaneously interpret any argument about the objection, given that in English-speaking witness would hear that argument.
4.12 Judicial Removal from a Proceeding
Judges or other appropriate court authorities shall inform OLA management when a court interpreter, ASL interpreter or DHH interpreter is removed from court events. Interpreters may be removed from court events when judges or other appropriate court authority find good cause for their removal. Good cause for removal may be, but is not limited to, situations in which an interpreter:
- knowingly and willfully makes false interpretations while serving in an official capacity;
- knowingly and willfully discloses confidential or privileged information obtained while serving in an official capacity;
- fails to follow this Code and/or the standards prescribed by law and the ethics of the court interpreter profession. See G.L. c. 221C, § 5; or
- is unable to interpret the proceedings adequately, including an instance where the court interpreter self-reports such inability.