The goal of working with a remote interpreter in court hearings is to ensure the litigant or participant with a non-English language preference (NELP) has meaningful access to justice.
To do that effectively, court personnel need to understand the role of the interpreter and ways to spot and manage communication issues during interpreter-mediated conversations.
These include:
- Briefing the interpreter
- Implementing preliminary formalities
- Managing interpreted proceedings
- Breaking down misconceptions about remote interpreting in the courtroom
Note: This is general information about working with remote interpreters from a friendly interpreting company. We have 30 years of experience providing interpreting services to legal teams and court proceedings. We consulted with a nationally certified interpreter for the making of these guidelines, but it is not considered legal advice nor a replacement for jurisdiction-specific interpreter protocols.
Brief the Remote Interpreter
A successful session starts with a briefing. Provide the telephone court interpreter with context so they know what to expect. At a minimum, this should include:
- Type of proceeding
- Expected duration
- Confirmation of language and dialect
- Names of participants
- Specialized terminology expected during the hearing
- Any anticipated challenges (multiple speakers, exhibits, rapid testimony, etc.)
These briefings don’t have to be formal or lengthy. They should cover enough information that the interpreter can better anticipate terminology, cultural nuance, and concepts likely to arise.
Preliminary Formalities for Telephone Interpreters
Setting Expectations
When working with a remote telephone interpreter, it’s important for the Court to set expectations as a preliminary formality to lay the ground rules for working with a remote interpreter and allow for transparency on the record.
A simple script like the following can be added to a judge’s bench book after formal approval from your court:
“We will be working with an over-the-phone interpreter today. The interpreter’s role is to interpret everything accurately and completely. The interpreter is neutral and cannot give legal advice or opinions. Please speak clearly, one at a time, and allow time for interpretation.”
Audio Checks and Connection Verification
Always leave a few minutes to do an audio check with the telephone interpreter. Ask:
- Whether the interpreter can hear all participants
- Whether all participants can hear the interpreter
- Whether the NELP individual understands the interpreter, the language spoken, and/or the dialect
Include sound checks from every court microphone to ensure the interpreter can hear clearly and accurately. Remind all participants to position themselves as close to the microphone as possible when speaking and resolve any audio concerns before substantive proceedings begin.
Courtroom Technology
Not every courtroom will be outfitted with new and effective technology, but if you have a say in the systems chosen to support NELP individuals and remote court interpreters, recommend the following:
- Boundary or tabletop microphones placed near the judge, attorneys, witness stand, and other speaking locations to help ensure all speakers are heard clearly. Avoid relying on one single mic at the front of the courtroom.
- A dedicated audio system for remote interpreters. Whenever possible, connect interpreters through a dedicated conference line or courtroom audio system rather than a speakerphone. Dedicated audio connections typically provide better clarity, volume, and reliability.
- Echo-canceling features. Echo-canceling technology improves audio clarity and interpreter comprehension.
- Quality speaker system. Clear speakers allow the Court to hear interpreters without distortion. This reduces repetition requests.
Managing a Proceeding with a Remote Interpreter
Managing the flow of an interpreted court proceeding is a shared responsibility. Judges, attorneys, clerks, witnesses, and interpreters all play a role in ensuring the record is accurate and complete.
Speaking Pace
Because most court interpreters interpret in consecutive mode — meaning, they first listen and then deliver their rendition after the speaker is finished — speakers should maintain a natural pace. Avoid reading lengthy passages without pauses, rapid speech, and talking over others.
If the pace starts to speed up, the judge should intervene promptly.
Example statements for the judge:
- “Counsel, please slow down for the record and the interpreter.”
- “Witness, please pause after each answer to allow for interpretation.”
Multiple Speakers
Overlapping conversations or side conversations can be distracting and cause the interpreter to miss crucial information.
If multiple people start talking at once, the Court should:
- Stop immediately when speakers overlap
- Identify the next speaker
- Proceed one at a time
Lengthy Statements
Overly lengthy statements can be taxing on an interpreter’s cognitive load.
Break lengthy statements into segments, pause regularly, and confirm understanding before moving on.
Establish a visual cue (for the Court) and verbal cue (for the telephone interpreter) to start and stop the speaker, so the interpreter has additional time to render the message accurately.
Example statement for the judge:
- “When we begin, I am going to raise my hand when you need to pause for the interpreter.”
Addressing Concerns about Interpretations
If a multilingual individual in the courtroom believes they heard a mistake in the interpretation, they can raise the concern through the appropriate process when possible.
The Court should evaluate the concern objectively rather than presume interpreter error.
Although the individual raising the concern may be bilingual or multilingual, proficiency in multiple languages is distinct from the specialized competencies required for professional interpretation and interpretation assessment.
In addition, interpreters are neutral officers of the Court, and their renditions should be deemed reliable.
Court interpreters should always self-correct if they discover an error during their session.
The Judge’s Role in Managing Virtual Interpretations
Ultimately, the judge has the authority in how they manage courtroom communication. The judge should be familiar with interpreter protocols and common challenges that arise with interpreter-mediated conversations.
If a judge believes information was not heard or interpreted correctly, or if the interpreter requests repetition or clarification, the judge should:
- Pause the proceedings
- Repeat the statement
- Allow the interpreter to clarify
- Avoid assuming intentional error
7 Common Misconceptions People Make about Remote Interpreting in the Courtroom
One of the best ways the Court can contribute to a successful interpreter-mediated proceeding is to be aware of interpreter protocol and the limitations placed on the remote modality itself.
Every industry that works with remote interpreters has its own set of misconceptions. In the courtroom, those misconceptions must be addressed before judges, court staff, participants, and attorneys can fully understand the realities of interpreted proceedings.
Misconception #1: Telephone interpreting is less accurate than in-person interpretation
Reality: Accuracy depends on a blend of factors: the interpreter’s qualifications, professional standards, diligence in following courtroom protocol, and the communication environment. It’s not simply about the modality itself but everything working together.
Misconception #2: The interpreter is responsible for managing all communication challenges
Reality: As previously stated, communication is a shared responsibility between courtroom staff, judges, interpreters, attorneys, witnesses, and other participants. Even the most competent and qualified remote interpreter will be hindered if the Court doesn’t adhere to best practices.
Misconception #3: Good technology will guarantee a successful virtual interpreted session
Reality: Quality equipment and proper placement matters, but participant behavior and courtroom procedures remain equally critical.
Misconception #4: Speaking louder improves interpretation quality
Reality: Speaking louder does not aid in accuracy. Instead, participants should aim to speak at a moderate pace, in shorter segments, and always one at a time. A good rule of thumb: Speak slower than you think you need to.
Misconception #5: The interpreter does not need context before the hearing
Reality: Providing remote interpreters with the basic context, the hearing type, and any technical terminology allows them to adequately prepare for the session. In turn, this time to familiarize themselves ahead of time, however short, improves accuracy.
Court interpreters must follow a code of professional responsibility. While the wording can differ by jurisdiction, all codes of professional responsibility have a tenet requiring interpreters to protect confidential information.
Misconception #6: A hesitant interpreter, or one asking for clarification, is unqualified or slowing the proceeding down
Reality: Brief pauses and clarification requests are both normal aspects of the interpretation process. Interpreters may need additional time to process the message for delivery or to look up terminology to ensure accuracy.
If the pauses or clarification requests become excessive, the Court can step in and communicate with the interpreter to pinpoint the issue. Always check for degraded audio quality.
When legal complexity is the issue, the Court can direct speakers to use shorter segments and allow for sufficient time for the interpreter to look up terms if needed.
Misconception #7: The interpreter can hear everything that happens in the courtroom.
Reality: Remote interpreters can only hear what microphones capture and transmit through the connection. Side conversations, speakers not located next to a microphone, distant speakers, and poor mic placement may make conversations inaudible to the interpreter.
A Smooth Remote Interpreted Judiciary Hearing
Unlike in-person proceedings, remote interpreters rely entirely on audio and cannot see visual cues or courtroom activity. Poor audio quality, background noise, overlapping speech, and unidentified speakers can affect interpretation accuracy.
The simple preparation steps we’ve outlined can improve communication, reduce misunderstandings, and support smoother proceedings. These enhancements may improve understanding not only for NELP individuals, but also for participants who are hard of hearing, joining remotely, or otherwise have difficulty following proceedings.
Get set up with remote court interpreting services today.
