Legal Interpreters: How to Understand Their Qualifications
For individuals who are limited English proficient (LEP) or Deaf/hard-of-hearing and need to participate in a court hearing, they have the right to an interpreter in federal, state, and local courts. An interpreter is required to protect one’s basic constitutional rights by providing equal language access.
A legal interpreter plays a critical role in the court process, serving as the bridge between non-English-speaking individuals and English-speaking participants. An interpreter must interpret the content without editing, summarizing, deleting, or otherwise modifying the content. They must be impartial and able to serve the judicial process as required.
In this blog, we’ll look at some of the legal interpreter qualifications and requirements used in the legal system. Understanding a legal interpreter’s qualifications is crucial for ensuring accurate communication in court, protecting constitutional rights, and avoiding errors that could affect case outcomes.
Table of Contents
Federal Legal Interpreter Qualifications
Federally Certified Legal Interpreter
Professionally Qualified Legal Interpreter
Language Skilled / Ad Hoc Legal Interpreters
Local and National Organizations and Agencies
American Sign Language (ASL) Interpreters
Communication Access Real-Time Translation (CART)
Organizations that Support Interpreters and Translators
Legal Implications of Interpreter Qualifications
Frequently Asked Questions About Legal Interpreters
Avantpage Legal Interpreters: Bridging Language Gaps in the Legal System
Federal Legal Interpreter Qualifications
The federal government recognizes three types of legal interpreters.
Federally Certified Legal Interpreter
A federally certified interpreter has passed the Administrative Office certification exam. These exams are only available for Spanish, Navajo, and Haitian Creole interpreters. The local federal court will determine if an interpreter is professionally qualified or has the language skills for other languages.
Professionally Qualified Legal Interpreter
This designation is for all languages except Spanish, Navajo, and Haitian Creole. A professionally qualified interpreter meets the criteria for this designation. The criteria consider areas like tests and assessments, memberships, and other certifications.
Language Skilled / Ad Hoc Legal Interpreters
A language-skilled / ad hoc interpreter demonstrates the ability to interpret court proceedings to the court’s satisfaction, but isn’t a professionally qualified interpreter. While using a language-skilled / ad hoc interpreter is not always appropriate, it may be acceptable in some cases.
State Legal Interpreters
Each state has its own legal interpreter requirements. As an example, the state of California recognizes two types of interpreters:
- Certified court interpreters – these interpreters have passed a written exam and a bilingual interpreting exam. The bilingual exam is available in 13 languages. Certified interpreters have also registered with the Judicial Council Interpreters in California.
- Registered court interpreters – these interpreters interpret for languages other than the 13 that are covered by the certification.
Review language access programs by state.
Local and National Organizations and Agencies
Local and national organizations, such as the National Association of Judiciary Interpreters and Translators (NAJIT), may provide other labels for legal interpreters, such as “conditionally approved” or “qualified.” These terms can vary a bit, but they essentially mean individuals pre-vetted by organizations, agencies, departments, or otherwise based on references, skills assessments, previous work history, an association with industry organizations, and more.
American Sign Language (ASL) Interpreters
While hundreds of sign languages exist, American Sign Language (ASL) is one of the most common types in the U.S. Currently, there’s a shortage of ASL interpreters, and some certifications can’t be tested for anymore. Nationally recognized certifications include:
- National Interpreter Certification (NIC) and Certified Deaf Certification (CDI) – Issued by the Registry of Interpreters for the Deaf, Inc. (RID). NIC is the only current nationally issued certification due to a moratorium on certifications in 2016. Other certifications issued through RID are sometimes still recognized.
- Other RID certifications are listed here and are fully recognized, but the exams are no longer available.
- Specialist Certificate: Legal (SC:L) certifies that the interpreter has been trained and certified in legal interpreting. This certificate was placed under the moratorium in 2016 and is still in limbo but is fully recognized by current holders.
- Certified Deaf Interpreter (CDI) – A CDI interpreter is a deaf or hard-of-hearing interpreter who has been trained in a highly specialized path and is teamed with hearing interpreters.
- National Association of the Deaf (NAD) certifications – These certifications are recognized by RID.
Communication Access Real-Time Translation (CART)
CART, also known as real-time captioning, is a method of transcribing spoken language and sounds. The transcription is displayed on computers, mobile devices or other screens. Those who are deaf or hard-of-hearing might prefer this method. LEP individuals may also choose this method over interpreting for various reasons. CART requires reading, and it’s often a one-way communication, although some versions can incorporate two-way communication. Specialists who provide CART services can hold certifications from the Association for Court Reporters and Captioners.
Organizations that Support Interpreters and Translators
Organizations that control assessments, codes of ethics, codes of professional conduct, and more to evaluate interpreter involvement include:
- Registry of Interpreters for the Deaf (RID)
- American Translators Association (ATA)
- National Association of Judiciary Interpreters and Translators (NAJIT)
- Local organizations and associations that promote learning, training, and standards for their interpreting members
Legal Implications of Interpreter Qualifications
The qualifications of a legal interpreter are more than just credentials—they can have real legal consequences. Courts rely on interpreters to provide accurate, impartial, and complete interpretations of proceedings, and errors or unqualified interpretations can impact case outcomes, fairness, and even appeals.
- Impact on Court Proceedings: An interpreter who lacks proper training or certification may misinterpret statements, leading to misunderstandings in testimony, questioning, or legal arguments. This can compromise the integrity of the judicial process.
- Admissibility and Accuracy: Improperly interpreted testimony or evidence can be challenged in court. Judges may question the reliability of an unqualified interpreter’s work, potentially affecting the admissibility of evidence or statements.
- Fairness and Equal Access: Courts are legally required to provide equal access to all participants, including those who are limited English proficient (LEP) or Deaf/hard-of-hearing. Using a qualified interpreter ensures compliance with constitutional rights and language access laws, protecting participants from discrimination or miscommunication.
- Appeals and Challenges: Cases have been overturned or remanded due to concerns about interpretation quality. Courts may scrutinize interpreter qualifications during appeals, highlighting the importance of using certified, professionally qualified, or otherwise vetted interpreters.
By ensuring that interpreters meet federal, state, or professional standards, courts and legal professionals can protect the fairness, accuracy, and legality of proceedings, while maintaining confidence in the judicial process.
Frequently Asked Questions About Legal Interpreters
What qualifications should a legal interpreter have?
A legal interpreter should have professional certification, strong knowledge of legal terminology, and proven experience in courtroom or legal settings.
How is a legal interpreter different from a general interpreter?
Unlike general interpreters, legal interpreters are trained to handle precise legal language, ensure accuracy, and maintain neutrality in court or legal proceedings.
Why is using a certified legal interpreter important in court proceedings?
Certified interpreters help ensure fairness, accuracy, and compliance with legal standards, reducing the risk of appeals, challenges, or misinterpretation.
Avantpage Legal Interpreters: Bridging Language Gaps in the Legal System
Legal interpreters have a very important job communicating between LEP, deaf or hard-of-hearing individuals. Legal interpreting is a highly specialized form of interpreting that not just anyone can do. As such, courts may require certain qualifications or a judge may inquire about qualifications, and may come up when a court case is challenged due to the interpretation, such as appeals on verdicts called into question due to the provided interpretation.
By partnering with Avantpage, you ensure your legal proceedings are supported by highly qualified interpreters who meet federal, state, and professional standards, protecting both the integrity of the case and the rights of all participants.
We provide remote and in-person interpretation services for the legal industry. We partner with the Coalition of Concerned Legal Professionals, and we’ve worked with numerous state Superior Courts as well as Judicial Councils. To learn more, contact us with general inquiries, request a free quote, or call us at (530) 750-2040.
