Working with Interpreters 101

1. Language Access = Access to Justice

• Title VI and related federal policies require meaningful access for Limited English Proficient (LEP) individuals.

• Interpreters are essential for due process and must follow strict ethical codes.

• Executive Order 13166 historically required agencies to provide LEP access; it was revoked in 2025.

2. What Interpretation Is — and Isn’t

• Interpretation ≠ Translation; interpretation deals with spoken language.

• Interpretation ≠ Bilingualism; bilingual individuals are not automatically qualified.

• Interpreters must provide accurate, complete, impartial renditions.

• Three modes: simultaneous, consecutive, sight translation.

• External certification is more reliable than self-assessment.

3. Ethical Framework

• Core principles: accuracy, completeness, impartiality, confidentiality, professional demeanor, and duty to report violations.

• Interpreters must avoid advocacy, side conversations, or altering meaning.

4. Finding Qualified Interpreters

• Federal and state rosters, NAJIT, AAPTI, and medical interpreter registries.

• ALJs must ensure the interpreter’s skills match the subject matter.

• Voir dire is appropriate even for certified interpreters.

️ 5. Best Practices for Working with Interpreters

Do:

• Speak directly to the LEP individual.

• Speak slowly, clearly, and in short segments.

• Allow the interpreter to interpret everything.

• Provide documents and case materials in advance.

• Ensure good acoustics, microphones, and line of sight.

Don’t:

• Ask interpreters to relay messages or explain legal concepts.

• Speak too fast, too softly, or trail off.

• Use long, uninterrupted monologues in consecutive mode.

• Leave interpreters alone with litigants.

6. Interpreter Fatigue & Team Interpreting

• Cognitive load is extremely high in simultaneous interpretation.

• Team interpreting is recommended for hearings longer than 30–45 minutes; interpreters should switch every 15–30 minutes.

• Fatigue affects accuracy and can compromise due process.

7. Remote & Hybrid Interpretation

Requirements for quality:

• Stable wired internet

• High‑quality microphones and headsets

• Close-up camera views

• Quiet, non‑echoing spaces

• Avoid telephone interpretation whenever possible

Risks:

• Poor audio quality increases cognitive load

• Acoustic shock, tinnitus, hearing damage

• Loss of visual cues

• Greater need for technical coordination and training

8. Unique Challenges of Simultaneous Interpretation

• Interpreters must listen, process, and speak at the same time.

• Poor sound forces interpreters to increase volume, creating a harmful feedback loop.

• Research shows simultaneous interpretation requires extreme working‑memory and language‑control demands.

9. Bench Cards & Judicial Tools

The document includes bench cards from Washington and Nevada outlining:

• When and how to appoint interpreters

• Qualification questions

• Interpreter oaths

• Best practices for courtroom management

• Guidance for sign language interpreters and CDIs

• Standards for remote interpreting and team interpreting

10. Practical Guidance for ALJs

• Always confirm the LEP’s preferred language.

• Be aware of cultural differences and power dynamics.

• Ensure interpreters have proper seating, equipment, and materials.

• Use simultaneous vs. consecutive modes appropriately.

• Avoid asking interpreters to translate exhibits on the fly.

• Maintain fairness, clarity, and pace for all participants.