The Oklahoma Bar Journal January 2024

“H AVE YOU EVER BEEN ARRESTED?” the attorney asked in English. A Spanish interpreter translated the question and then the witness’s response: “No.”

population simply cannot exercise its legal rights and responsibilities as residents of this state. As Oklahoma trial attorneys who zealously advocate for our cli ents and justice, we must be familiar with the use of interpreters and be prepared for when an interpreter steps into the courtroom. This arti cle provides some background on Oklahoma interpreter qualifications, as well as tips for using interpreters skillfully in the courtroom. OKLAHOMA INTERPRETERS AND HOW TO HIRE ONE Oklahoma courts recognize two levels of credentialing for non-sign language courtroom interpreters. Qualified and autho rized interpreters may be either “registered” or “certified” based on how many testing levels they have passed. Registered interpret ers have passed the first level of basic testing, while certified inter preters have first passed both the registration exam and the far more advanced certification exam. 5 While a registered interpreter is registered as fluently knowing both

“Have you ever had a criminal charge?” the interpreter spoke in Spanish, and then they translated the response: “Only two rapes in the car in 2012, but I paid for them.” Stunned silence hung in the courtroom until the attorney stammered, “Two rapes? What do you mean?” Via interpretation, the witness explained, “Yes, I was pulled over twice for speeding in 2012, but I paid the fines.” Confused, the attorney replied, “But you said something about raping someone?” The blood drained from the witness’s face as the interpreter spoke. “No, no, no!! I did not rape anyone! I never said that!” “But you said you had two rapes in 2012?” Verbal chaos continued until the attorney asked for clarifi cation on the word the interpreter used for rape: violación . “Does violación have more than one meaning, Mr. Interpreter?” “Oh ... yes, it can mean a legal violation or a rape. I guess he meant a traffic violation.”

INTERPRETATION AS ACCESS TO JUSTICE

Nearly 68 million Americans speak a language other than English at home, according to the U.S. Census Bureau in 2019. 1 In Oklahoma, 2019 census records report that more than 10% of the population aged 5 years or older speaks a language other than English at home – an increase of more than 26% between 2010 and 2019. 2 According to the Migration Policy Institute, as of 2021, nearly 140,000 Oklahomans (ages 5 and up) speak English “less than very well.” 3 In addition, an estimated 194,000 Oklahomans have hearing disabilities, many of whom use American Sign Language (ASL) as their mode of communication. 4 These statistics indicate that for 200,000 to 300,000 Oklahomans, true access to justice hinges on the ability to bridge a language barrier by way of competent and readily available interpretation. Without a skilled interpreter (and an attorney who ensures the inter pretation is correct and consistent), this huge sector of our state’s

Statements or opinions expressed in the Oklahoma Bar Journal are those of the authors and do not necessarily reflect those of the Oklahoma Bar Association, its officers, Board of Governors, Board of Editors or staff.

JANUARY 2024 | 17

THE OKLAHOMA BAR JOURNAL