Andrea K. Smith | Sign Language Interpreter

Language and Domain: Applications for the Courtroom Interpreter
by Andrea Smith, CI, CT
November 2004

Part II: Discourse
The legalese style of discourse is limited by the lexicon and the syntax, which exist to define the concepts that must be expressed during legal proceedings. The limits are a result of lexical and syntactical parameters which exert pressure on the discourse, resulting in a strictly formal style. The level of formality is an essential element and adhering to this register of speech and routine can prove difficult for an interpreter to follow when she is confronted with routine problems of translation.

Formality is required to maintain order and equality. A strict code of conduct not only inspires respect in the participants, but also ensures that each proceeding is carried out in exactly the same way. This prevents anomalies in the proceedings that could be perceived as favoritism or discrimination. The formality of the situation is difficult to reproduce in ASL, which is a visual/gestural language that makes use of iconic signs and mimed gestures. Many signs, like eat or drink, are iconic in nature and readily identifiable by individuals who do not use the language. The interpreter may stumble when forced to confront sexual signs or slang terms that are also readily identifiable. Production of these signs does not reflect the formal, often euphemistic, word choices of legal language and may serve to disrupt the proceedings. ASL does not contain many euphemisms: The nature of the language demands that a "spade is called a spade." This limits the interpreter's strategies when dealing with signs of a delicate nature and she should work with the client to develop alternate sign choices that may be used to avoid disrupting the proceedings and adhere to the formal discourse style.