Missouri courts do not require translators or interpreters to be certified, but the training can prevent some mistakes that occur because of bad interpreting.

In the conference session on court interpreting, Phyllis Launius, the Office of State Courts administrator, explained why translators should be trained. As the Access to Justice Program coordinator, Launius works directly with the court certification orientation and testing. Only 14 percent pass the certification test. However, this also reflects the present capability of interpreters in the courtrooms, she said.

For example, this test question was presented to an interpreter with 38 years of experience: �Now, Mrs. Pena, you indicated that you live in East Orange at 5681 Grand Street.��

Her version was: �You say that you were eating an orange?�

Launius emphasized the point, �Just because someone is bilingual does not mean that they can interpret.�

Interpreting requires the ability to listen, comprehend, abstract the message from words and store ideas all simultaneously and within seconds. Interpreters cannot make omissions or distort the meaning. They also have to be careful of the cultural context and word choice that would be the most accurate.

The court interpreter certification program involves a two-day orientation in Jefferson City, a written English proficiency and translation exam, and an oral proficiency exam. Both exams require a 70 percent or greater score and the fee is $100.

In Missouri�s 45 judicial circuits, the courts pay interpreters from the OSCA�s funding. However, this is only for criminal proceedings (Section 491.300, RSMo.), excluding juvenile cases. In January 2003, the state passed the Stop Violence Against Women Act, and now the OSCA can also provide translators for protection order and subsequent hearings.

Launius is adamant about getting the word out in the community about this act because, �We know there is an idea that Latino women don�t want to come in to report domestic violence.� She encourages radio programs, community centers and newspapers to publicize the program so that the funding does not go unused.���

The circuits with the highest Spanish-language interpreter usage are 13^th or Boone County, 16^th or Kansas City and 26^th St. Louis. From July 2001 to June 2002, the 13^th circuit spent $9,300, the 16^th spent $8,400 and the 26^th spent $6,900. The judges decide how much to pay interpreter, depending on the market-driven prices.

Lastly, Launius noted the constitutional requirements of fundamental fairness (5^th and 14^th Amendment), equal protection (14^th Amendment) and the right to cross examine witnesses (6^th Amendment) as reasons to have qualified interpreters. The law currently states that courts have authorization to appoint interpreters. But she said the law should say the courts �shall� appoint interpreters, rather than �may� appoint them.

When interpreters pass the certification, their names are given to courts.

�When used, Limited English Proficiency [persons] can be confident that they will be able to understand and that their message is accurately relayed,� she said.

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