Professional ASL Interpreter: Guide To Interpreter Expert Witness Interrogatories

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Guide To Interpreter Expert Witness Interrogatories

by Andrea K. Smith, CI, CT, SC:L
July 2005

Introduction

There may come a time when an interpreter is called upon to provide expert witness testimony during a criminal or civil proceeding. An interrogatory is a list of questions sent to an expert witness, which provide a starting point for the attorneys to use in questioning their expert witness during depositions and courtroom testimony. The interrogatory may also serve to qualify you as an expert in your field.

The following is a sample interrogatory that was given to me during a mock trial situation and a sampling of the answers I wrote in response. The case in question involved a civil suit between deaf hospital patients and the lack of interpreting services provided by the hospital. The questions that appear on an interrogatory will vary depending on the nature of the case for which you are being asked to testify.

I have included explanations for why my colleagues and I chose to word our responses in a particular way. Constructing an appropriate response depends on your understanding the goal and intended use of the responses you give. A complete explanation of interrogatories is beyond the scope of this particular work. The information that follows is meant to be an additional resource. It is not intended to be the definitive body of knowledge on this subject.

Please be sure that you craft your own responses for any "real" interrogatories. You may use this material for your personal use, but do not publish or quote without written authorization from Andrea K. Smith.

To help guide you through the interrogatory, I have broken the sample material into three main categories:

Personal Information
General Knowledge
Specific Knowledge

Part I: Personal Information

The first aim of an interrogatory is to establish that you have the credentials required to qualify you as an expert witness. Once you have been qualified, your responses can be considered with appropriate weight. The following section is a sampling of the questions that may be used to qualify you. While the questions and responses have been formatted to display well on your computer, a real response will you to answer one question per page.

Personal Information Interrogatory Sample Material:

Personal Information Contact Information and Summary of Professional Qualifications

Please state your full name and address.

Jane Interpreter
1234 Main Street
Anywhere, USA 00000

Provide a summary of your professional qualifications (e.g. educational background, years of experience, specializations, and professional achievements).

I am an American Sign Language Interpreter. I graduated in June of 2000 from Seattle Central Community College with an A.A. degree. I completed the two-year interpreting program at SCCC. I began work immediately upon graduation as a freelance sign language interpreter. I received my certifications from the Registry of Interpreters for the Deaf. I hold both the Certificate of Transliteration and the Certificate of Interpretation; I received both in June of 2002.

To fulfill the continuing education requirements of my certification, I have taken workshops on many topics: analysis of linguistics for both ASL and English; introduction classes for special venues, such as legal, theatrical, or situations requiring a security clearance; and classes for advanced topics spanning a wide range of fields including medical, mental health, and social services.

I have presented workshops on topics for which I have a particular expertise. I gave several lectures in high school and college classes on my three-year tenure as an on-call interpreter for the Seattle regional hospital association. I did training for new interpreters wishing to become involved in the deaf-blind community as a "support service provider (SSP)" and I mentored two interpreters during their final semester of school and through the transition to becoming freelance interpreters

I specialize in working with several "special" populations; deaf-blind, foreign-born deaf for whom ASL is a second language, developmentally disabled individuals; and people who suffer mental illness. I have work in a broad range of settings including; educational classes provided at the high school or college level and classes provided to business professionals enhancing their skills for work; social services; mental health situations including counseling, rape and crisis intervention, drug and alcohol rehabilitation, and intensive therapy for those with serious mental illness; concert and theatrical interpreting; legal interpreting for courts, depositions, contract signings, and client intake meetings; and medical situations, which have provided the bulk of my interpreting experience, that include regular clinic appointments, emergency room staffing, labor and delivery, consultation, and medical classes (i.e. Lamaze, La Leche, nutrition, diabetes intervention, etc…).
Certifications and Certification Process

Are you an RID certified interpreter? If so, what certificate(s) do you hold?

Yes.
I hold the Certificate of Interpretation (CI) and the Certificate of Transliteration (CT). Interpreters who hold the CI are recognized as fully certified in Interpretation and have demonstrated the ability to interpret between American Sign Language (ASL) and spoken English in both sign-to-voice and voice-to-sign. The CT is a separate certification that focuses on the holder's ability to transliterate between English-based sign language and spoken English in both sign-to-voice and voice-to-sign.

Describe the examination process that leads to RID certification.

This information relates to the certifications that I hold from RID. The written exam is no longer available and the performance exam is currently being phased out. Please see question 5 for a detailed explanation of the various exams available.

Former RID certifications required that candidates take part in a two-part examination; made up of a written exam and a performance exam. Only one written test was required to stand for both the Transliteration and Interpretation exams. Other exams, such as the Specialist Certificate in Legal Interpreting, have their own written examinations.

The written examination must be passed before a candidate is allowed to stand for the performance evaluation. The exam consisted of 150 multiple choice questions covering the five primary aspects of interpreting:

General socio-cultural systems: Community and cultural theories, dynamics, elements, characteristics, and interactions
Language and language use for both English and ASL: Structure of the languages and aspects thereof
Socio-political context interpreting: Politics of interpreting and language use within the deaf community
Interpreting: Practical theories, models of service, principles and protocols, and knowledge of varying interpreting strategies and techniques
Professional issues: Certifications, legislation related to interpreting, and organizations associated with the interpreting profession.

The performance exam consisted of a three-part process: a sign-to-voice portion requiring the candidate to produce spoken English from an individual using ASL; a voice-to-sign portion to produce ASL from English speech; and a mixed portion simulating interpreting a conversation between a hearing person and a deaf person.

The performance exams were not designed as a diagnostic evaluation of the interpreter's skill. Candidates whose performance meet or exceeded a predetermined set of minimum standards are granted certification. The individuals rating the tests fell into one of three categories: Deaf or hard-of-hearing raters who focused on the signing aspects of the test; hearing raters responsible for the spoken English portion; and a certified interpreter or transliterator who examined the overall performance of the candidate. Candidates who fail to satisfy the minimum requirements were informed which part of the test they failed.
Certification Systems and Their Differences

Are there multiple certification systems for interpreters? How do these systems differ from each other?

There are several certifications offered through the Registry of Interpreters for the Deaf (RID) and the National Association of the Deaf (NAD) were the two main providers of certifications to interpreters. In addition, many states require that some type of examination or instruction be undergone by certified interpreters wishing to work in specific settings, such as legal or medical. Some states offer a screening process for qualified interpreters who do not yet possess RID certification.

Interpreters received certificates in transliteration, interpretation, or oral interpreting. Specialist certificates are also offered for the legal field and certification is available to deaf individuals who have trained in providing "relay" interpreting; Relay interpreting encompasses the skills required for a deaf person to act as a conduit between a hearing interpreter and a deaf individual who cannot communicate using fluent ASL. These tests are all administered with a pass/fail criteria and no information is given to the test candidates regarding what exactly they failed to satisfy. A number of certificates, like the Comprehensive Skills Certificate, issued under older testing systems are no longer available to new candidates, but are still considered valid certifications for those interpreters holding them.

The NAD test is a general assessment of an interpreter's range of skills. No specialist certificates are offered and there is no method for certifying deaf interpreters. While RID has written tests, NAD has oral examinations at the time of the test interview. RID tests are done through videotaping and NAD assessments are done live. NAD provides a profile indicating specific strengths and weaknesses to candidates receiving a Level I or II. Candidates receiving a Level III, IV, or V were not given feedback.

Currently, these two organizations have joined their systems of testing and certification and will soon begin issuing a completely new certificate. This new certificate, National Interpreter Certification (NIC), has only recently become available. The old written exams have been phased out and the new NIC written exams have just begun on June 5, 2004. The performance exams are slated to begin in June 2005.

Part II: General Knowledge

The General Knowledge section will begin to delve into your knowledge of general issues surrounding your purpose as the expert witness. Often the questions may seem elementary or vaguely relevant, but you may not be completely aware of the issues present in the complaint. For example, the question on the difference between a signer and an interpreter may, in fact, be a point of contention between the prosecution and the defense.

You will also notice that some of the questions have several parts. When a follow-up question is posed alongside the original question, the preferred formatting requires that each section be answered in its own part. For example, a question that can be answered with a simple "yes" or "no" may have a follow-up requesting more information. See below to view the formatting on such a question.

General Knowledge Interrogatory Sample Material:

Definition of Qualified Interpreter
Define the term "qualified interpreter." How does your definition compare and differ from the definition of qualified interpreter under the Americans with Disabilities Act (ADA)?

The ADA defines a qualified interpreter as "an interpreter who is able to interpret effectively, accurately and impartially both receptively and expressively, using any necessary specialized vocabulary." 28 C.F.R. 36.104. I believe that this definition is an accurate and succinct assessment of what an interpreter should be able to accomplish before being considered qualified.

At what point does signing and communicating with a deaf person become interpreting for a deaf person?

Interpreting for a deaf person can be differentiated from simple communication with a deaf person by the presence of all of the following factors:
1. There are at least two parties present who do not use the same language.
2. These two parties must be trying to communicate with each other.
3. The interpreter must accept the role and responsibilities of an interpreter and facilitate the conversation between the two parties. If the two parties attempt to communicate with each other without benefit of the interpreter, i.e. via pen and paper, then an interpretation has not occurred despite the presence of a qualified interpreter.

Signer vs. Interpreter
What is the difference between a signer and an interpreter?

A signer is one who uses a sign language in order to communicate their thoughts and ideas. Signers can be hearing or deaf, but use only sign language during a conversation with other sign-users.

An interpreter has many duties: Knowing a language is just the first step to acquiring the skills necessary to provide a smooth and seamless interpretation. Interpreters must be equally competent in both languages. In addition, the interpreter must be able to understand and adapt to a range of language - from the highly educated consumer to the consumer with no formal education. Interpreters must be able to process and analyze the source language and then produce an equivalent message in the target language.

Beyond the skills required linguistically, interpreters must also have a complete understanding of the cultures with which they are working. Cultural implications affect the dynamics - not only the language - of interactions between individuals from different cultures. Interpreters act as a cultural mediator in these exchanges.

Perhaps the most important skill of an interpreter is their knowledge of the Code of Ethics applied to the profession. A skilled interpreter act with discretion; maintain the confidentiality of her clients and the situation; render their interpretation completely and accurately; and maintain an impartial role in the proceedings. A skilled interpreter will recuse herself from an assignment when proceeding would cause her to violate any ethical tenets.
Entry Into Interpreting Field
Do people work as interpreters who have not been formally trained as interpreters or who do not possess certification? Why or why not? What percent of the interpreting workforce would you estimate fall into the category of untrained and/or uncertified?

Yes.

Not all interpreters enter the profession after attending college and receiving a degree in the field. Many interpreters are children of deaf adults (CODAs) and spent their lives using sign language and providing interpreting services for their deaf parents. Having spent a lifetime interpreting and using sign language, many CODAs do not choose to attend college programs that tend to offer training that is unsuitable to their needs. It wasn't until the 1960s that a push to formally recognize ASL as a language even began. Interpreters who started their careers during the early days often did not have access to training programs for the very simple reason that they did not exist. Rural areas often experience a dearth of trained interpreters for the same reason: No programs exist in the area to train interested students. Additionally, some interpreters choose not to stand for the exams to become certified because of personal concerns.

I would estimate that a full 50% of interpreters could be classified as either untrained or uncertified. Since a large percentage of interpreters enter the profession as a result of being CODAs, the number of untrained interpreters is significant. However, many of these CODAs hold certification despite their lack of formally recognized training and are considered competent in their professional skills. The percentage of interpreters who are trained and uncertified is considerable when you consider the pass/fail statistics for RID's exams. The published statistics for 2002 list the CI test pass rate at 56% and the CT at a mere 46% (http://www.rid.org/nts2.html). Finally, the percentage of interpreters who are untrained and uncertified would only make up an estimated 10% of the total workforce and is primarily comprised of interpreters from rural areas who lack the proximity to formal education or testing locations.
Interpreting Process vs. Signing Process
Describe the interpreting process and what distinguishes it from the process of signing.

The most important distinction between interpreting and signing relates to the message source. Signing is the production of an individual's own message. If that same individual is called to render a different person's message into another language; the signing becomes interpreting.

The interpreting process is a difficult and highly complex set of processes:
1. There is an original utterance or message in one language, referred to as the "source" language.
2. The interpreter hears or sees this message.
3. The interpreter analyzes the message and breaks it down into the basic concepts.
4. The interpreter analyzes the speaker's intent and preserves the tone and intensity of the message.
5. The interpreter considers the language into which the message is being interpreter, called the "target" language, and looks for equivalent concepts.
6. Interpreter reproduces source message into the target language while maintaining the integrity of the target language's grammar and syntax.

ASL Definition
Define American Sign Language.

American Sign Language is the visual-gestural form of communication for deaf people in the United States of America. ASL has a distinct grammatical and syntactical structure that relies on; the use of signs made with the hands; the way those signs interact; the movement and orientation of the body; and facial expressions.
The Role of English Words as part of ASL
Does American Sign Language involve the use of spoken English words being conveyed by mouthing of the words simultaneously with the signs? If so, what is the role of English words as part of American Sign Language?

English words are occasionally mouthed simultaneously with the signs. Understanding the judicious use of English words within an ASL interpretation requires an understanding of how language translation works: Relating one sign to one English word is incorrect. Language does not work like math and there are no 1=1 relationships. ASL is taught to a beginner by with the "gloss" for a sign. A gloss is the basic concept that a sign encapsulates. For example, the sign for "happy" can easily be broadened to include the spectrum of emotion (overjoyed, ecstatic, psyched, jazzed, okay with, etc…) related to the word "happy". Mere satisfaction is expressed with the "happy" sign, done with one hand, slightly limp, and a "so-so" facial expression. Feeling overjoyed would be signed with both hands, very rigid, and a great, big grin. The words "happy" and "overjoyed" are not synonymous so much as they are members of the same color grouping. One sign is used for both; the body and facial grammar indicate the intensity of emotion.

Some occasions require that a specific word be conveyed to the deaf person. If, for example, the deaf student is taking a class and they will be tested on a specific word; then conveying that specific word becomes paramount. Interpreters work with the conscious understanding of the way the information that they are interpreting will be used. When understanding the English words - not just the concepts - is important; interpreters take great care to provide the deaf person with that information.
Speech Reading
Do deaf people speech-read? Is speech-reading a reliable way of communicating with deaf individuals? Why or why not?

Yes.

No.

Speech-reading is more commonly called "lip reading" and is used by many deaf people. Unfortunately, lip reading is only about 30-40% accurate and only that in the best of conditions. Most deaf people have had some training in lip reading, but most hearing people have not. If the hearing person attempts to over-enunciate; turn their faces away; have a mustache; or is chewing gum then the ability of the deaf person to read lips is reduced to the point of uselessness.

Even assuming that all parties involved are trained and aware of lip-reading techniques; lip reading is very hit-or-miss. The various word sounds, called phonemes, are often invisible on the lips. Understanding whether a person said "marry" or "Perry" is easy when heard, but nearly impossible to distinguish by sight. This is similar to our frequent misunderstandings when attempting to spell words for other hearing people. We often resort to the use of the NATO alphabet (Able, Baker, Charlie, etc...) to aid is the distinction between letters that have a similar sound ("M" as in "metro", "N" as in "November").
Other Sign Languages
Are there other sign languages that are used in the United States? How do they differ from American Sign Language? When would one system or language be used over another and why?

ASL is the only officially recognized sign language in the United States. There are several other manual communication systems available for different purposes.

Sign-supported-speech forms of communication involve a category of manual signals used to distinguish phonemes in conjunction with lip reading. This makes it possible to see the difference between "marry" and "Perry". These methods include Cued Speech and the Rochester method.

The second category encompasses various forms of manually coded English, including one system by that name. These systems use signs, some of which are also present in ASL, to code English into a visual form of communication. Other exampled include Pidgin Signed English, Conceptually Accurate Signed English, Signing Exact English, and Signing Essential English.

Which of these systems is used depends entirely upon the deaf person. Every deaf person comes from a different linguistic background. It is the responsibility of the interpreter to analyze the deaf person's language usage and strive to match their preferred form of communication. When the interpreter is unable to meet the needs of the consumer, then she must recuse herself and be replaced by an interpreter more suited to the task.
Interpreting vs. Transliteration
What is the difference between interpreting and transliteration? When would one be used versus the other?

Interpreting is the process of changing a message from the source language into the target language and vice-versa. Both the source and target languages retain their grammar and syntax during production.

Transliteration is used by sign language interpreters to denote the process of changing English into a type of manually coded English and or vice-versa; thus making English visually accessible to the deaf person.

Use of either method depends entirely upon the deaf person's preferred mode of communication.
Family Members and Friends as Interpreters
Is it common for family members or friends to provide communication assistance and interpreting for deaf individuals? In what situations would it be likely that a family member or friend provide interpreting services for a deaf person? In what situations would it be inappropriate for a family member or friend to provide communication assistance and interpreting for a deaf individual?

Yes.

Family members often assist in the light communication transactions that pepper daily life: the restaurant, on the bus, calling a store to make a purchase, or calling a doctor to make an appointment.

Anytime a deaf person is required to make decisions affecting their life a qualified interpreter must be used. These decisions can range from the purchase of a new car to an appointment with a physician. An agency is wise when they protect themselves from liability by hiring a qualified interpreter. Removing the language barrier ensures that communication is accessible to all parties and that no misunderstandings; particularly those that may result in legal action down the line.

Part III: Specific Knowledge

You will notice the transition from general questions to more specific questions at this point. These questions are now starting to target the heart of the matter. You will also notice the technique of echoing the questions within in the response (i.e. "Is it likely...?" answered with "It is/is not likely...").

These questions can be real hot buttons for personal beliefs, so be cautioned that this is not an opportunity to drag out the soapbox. Be careful to limit your responses to the scope of that particular question.

Specific Knowledge Interrogatory Sample Material:

Spouses As Interpreters
Is it likely that a spouse of a deaf person, who can hear and is fluent in sign language, would interpret periodically for his or her deaf spouse? In what situations would this likely happen?

It is likely that this would happen during the daily lives of the couple when the spouse's participation in an activity would not be compromised by the need to interpret. This type of interpreting would be short exchanges, such as ordering food in a restaurant.
Role Of Interpreter In Specific Medical Situations:
- Child Birthing Classes
  What would be the role of an interpreter in a childbirth class for an expectant father who is deaf and an expectant mother who is not?
  
  Expectant fathers are taught how to coach the birth mother through her concentration and breathing techniques. His support provides an integral component during delivery and eases labor stress for mother and infant. To fulfill this duty he must be taught how Lamaze works; learn what to watch for during delivery; and be free to ask questions he may have about the process. An interpreter in a childbirth class would facilitate the communication process between the instructor and the expectant father.
  
  In your opinion, would it be reasonable and feasible for a spouse who can hear and is fluent in sign language to provide communicative assistance and interpreting to a deaf spouse during a childbirth class? Why or why not?
  
  No.
  
  When one spouse is deaf and the other is hearing, it is impossible for one to interpret for the other during a childbirth class. The couples are supposed to practice the techniques during instruction. This requires the father to be behind the mother, removing him from her line of sight. A spouse would be unable to participate in the activities and interpret for the other spouse at the same time.
- Child Birth
  What would be the role of an interpreter during the birth of a child in a hospital setting for a father who is deaf and a mother who is not?
  
  The interpreter would interpret all communication between the healthcare professionals and the family.
  
  In your opinion, would it be reasonable and feasible for a spouse who can hear and is fluent in sign language to provide communicative assistance and interpreting to a deaf spouse during the childbirth process? Why or why not?
  
  Interpreting is mentally exhausting enough activity that assignments more than two hours long require a team of two, rotating every twenty minutes. To ask a woman to perform these mental gymnastics while attempting to give birth is ludicrous. To ask that she do so by herself for more than two hours (as most labors certainly last longer) is to ask the impossible.
  
  This assumes that she is even qualifies to work as an interpreter in a medical setting. Without training and experience, she lacks the vocabulary and knowledge required to interpret accurately. The same can be said if the mother is deaf and the father was attempting to interpret.
  
  The hospital opens itself up to a huge liability in the event of an emergency. If something goes wrong during delivery and the mother is physically incapacitated, the doctors would seek the father's permission for medical treatment. Without an interpreter present the doctors cannot know if the father, who will surely be emotionally distressed, understands the medical information presented him. Adding the barrier of communication to an already stressful situation is painful for everyone involved.
- Hospitalization Of Newborns
  What would be the role of an interpreter during the hospitalization of a newborn infant who has a deaf parent?
  
  Newborn infants are subject to many tests and vaccinations, which multiply in the presence of complications. Parents may be given instruction in nutrition, healthcare, and breastfeeding by the nursing staff. An interpreter paves the way for the family to focus on the situation and not the communication. The staff benefits in having confidence that a communication barrier does not block their instructions or slow down important medical care.
  
  In your opinion, would it be reasonable and feasible for a spouse who can hear and is fluent in sign language to provide communicative assistance and interpreting for a deaf spouse during discussions with doctors and nurses caring for their hospitalized newborn? Why or why not?
  
  No.
  
  Beyond what I have already mentioned regarding the possible lack of skill pertinent to the situation; there remains the issue of neutrality. When a family member is asked to interpret, the chances of the interpretation being rendered without bias are next to none.
  
  I once was called to the emergency room to interpret for a 16-year-old deaf girl. She had been hospitalized with a bacterial infection she acquired during a self-induced abortion. She had used a coat hangar on herself. The girl did not go to her regular physician when she started feeling ill: She was scared her mother would find out that she was sexually active. In fact, she had declined to ask her doctor for birth control pills because the doctor she went to refused to hire interpreters and insisted that the mother interpret for him. Had the girl been allowed to see her doctor privately - as any girl her age is allowed by law - with the aid of a neutral interpreter, she might not have wound up pregnant. Instead she almost died and lost her ability to bear children.
  
  Without the benefit of an impartial professional, doctors cannot know what information they are receiving from their patients and whether that information is complete and accurate. In order to comply with the law and to abide by their Hippocratic Oath, doctors must provide a qualified interpreter.

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About the Author

Andrea K. Smith has been providing professional freelance interpreting services since 2000. She has published several articles on interpreting and language in various journals. Andrea currently resides in Washington D.C with her husband and cats.

Disclaimer:

These sample interrogatory materials are provided "AS IS" for reference purposes only. If you have been asked to act as an expert witness, please be sure that you craft your own responses for any "real" interrogatories. You may use this material for your personal use, but do not publish or quote without written authorization from Andrea K. Smith.

Copyright Notice:

These articles are copyrighted by Andrea K. Smith. You may print one copy for personal use. Please contact Andrea for re-print permission if you would like to publish or re-distribute this article online or in print. Thank you.

Andrea K. Smith, CI, CT, SC:L

American Sign Language Interpreter