Ethics, Professional Conduct, Courtroom Protocol, and Interpreting Skills

All contract court interpreters, regardless of their category, are appointed to serve the court pursuant to 28 U.S.C. § 1827. When interpreters are sworn in, they accept the specific responsibility to follow the standards for performance that ensure they enable the court and parties with Limited English Proficiency (LEP) to communicate meaningfully in the interest of access to justice.

Skills

Court interpreters must have the following knowledge, skills, and abilities: 

• Highly proficient in both English and the other language.
• Able to accurately and idiomatically translate the message from the source language into the target language without any additions, omissions or other misleading factors that alter the intended meaning of the message from the speaker.
• Adept at simultaneous interpretation, which is the most frequent form of interpretation used in the courtroom, and in consecutive interpretation and sight translation.
• Able to communicate orally including appropriate delivery and poise.
• Maintain impartiality.
• Demonstrate high professional standards for courtroom demeanor and professional conduct.

Professional Responsibility and Standards for Performance

In addition to the required skills, court interpreters must maintain professional responsibility and adhere to courtroom protocol when performing interpretation services. Contract court interpreters are bound by the Standards for Performance and Professional Responsibility for Contract Court Interpreters in the Federal Courts (PDF) which list the following professional standards for court interpreters:

1. Accuracy and Completeness: Interpreters shall render a complete and accurate interpretation or sight translation that preserves the level of language used without altering, omitting, or adding anything to what is stated or written, and without explanation. The obligation to preserve accuracy includes the interpreter's duty to correct any error of interpretation discovered by the interpreter during the proceeding.
2. Representation of Qualifications: Interpreters shall accurately and completely represent their certifications, training, and pertinent experience.
3. Impartiality, Conflicts of Interest, and Remuneration and Gifts:
   1. Impartiality: Interpreters shall be impartial and unbiased and shall refrain from conduct that may give an appearance of bias. During the course of the proceedings, interpreters shall not converse with parties, witnesses, jurors, attorneys, or with friends or relatives of any party, except in the discharge of their official functions.
   2. Conflicts of Interest: Interpreters shall disclose any real or perceived conflict of interest, including any prior involvement with the case, parties, witnesses or attorneys, and shall not serve in any matter in which they have a conflict of interest.
   3. Remuneration and Gifts: Court interpreters shall accept payment for their service to the court only from the court. Court interpreters shall not accept any gifts, gratuities, or valuable consideration from any litigant, witness, or attorney in a case in which the interpreter is serving the court, provided, however, that when no other court interpreters are available, the court may authorize court interpreters working for the court to provide interpreting services to, and receive compensation for such services from, an attorney in the case.
4. Professional Demeanor:  In the course of their service to the court, interpreters shall conduct themselves in a manner consistent with the dignity of the court and shall be as unobtrusive as possible.
5. Confidentiality: Interpreters shall protect the confidentiality of all privileged and other confidential information.
6. Restriction of Public Comment: Interpreters shall not publicly discuss, report, or offer an opinion concerning a matter in which they are or have been engaged, even when that information is not privileged or required by law to be confidential.
7. Scope of Practice: Interpreters shall limit themselves to interpreting or translating, and shall not give legal advice, express personal opinions to individuals for whom they are interpreting, or engage in any other activities which may be construed to constitute a service other than interpreting or translating while serving as an interpreter.
8. Assessing and Reporting Impediments to Performance: Interpreters shall assess at all times their ability to deliver their services. When interpreters have any reservation about their ability to satisfy an assignment competently, they shall immediately convey that reservation to the appropriate judicial authority.
9. Duty to Report Ethical Violations: Interpreters shall report to the proper judicial authority any effort to impede their compliance with any law, any provision of these Standards, or any other official policy governing court interpreting and legal translating.

Courtroom Protocol

Federal court interpreters should review this reference guide for information on courtroom procedure, process, and decorum for interpreters.

• Reference Card for Federal Contract Interpreters (PDF)