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Chronicle - in this issue Public Awareness - The ATA Chronicle
April 2002
                        Volume XXXI
                        Number 4

 The
            Chronicle   A Publication of
                        the American
                        Translators
                        Association

in this issue
Public Awareness
Chronicle - in this issue Public Awareness - The ATA Chronicle
Chronicle - in this issue Public Awareness - The ATA Chronicle
in this issue
                                                                                                                             April 2002
                                                                                                                             Volume XXXI
                                                                                                                             Number 4

                         Features
                                                                                                                             A Publication of
                    14   International Certification Study: Austria                                                          the American
                         By Jiri Stejskal                                                                                    Translators
                                                                                                                             Association
                    17   The Right to an Interpreter—Who Decides? An Australian Perspective
                         By Penny Patterson
                         The capacity of judges (who are extensively trained in legal matters, but not usually in
                         linguistic ones) to make informed decisions about language proficiency is highly ques-
                         tionable, and exposes a serious weakness in the Australian legal system.
                                                                                                                             Editor
                    20   A New ATA Affiliate: The Upper Midwest Translators and Interpreters                                 Jeff Sanfacon
                         Association                                                                                         Jeff@atanet.org
                         By Laurence H. Bogoslaw and Deb Kramasz
                         ATA’s newest affiliate group has the combined mission of promoting the quality, pro-                Proofreader
                         fessionalism, and prestige of the translating and interpreting industry in the upper                Margaret L. Hallin
                         Midwest region, and of providing networking, training, and development opportunities
                                                                                                                             Design/Layout
                         for local language professionals.
                                                                                                                             Ellen Banker/Amy Peloff

                    21   Incorporation versus Sole Proprietorship                                                            Advertising
                         By Howard Dias                                                                                      Brian Wallace
                         Incorporation versus sole proprietor—do the tax savings outweigh the additional costs?              McNeill Group Inc.
                                                                                                                             brian@mcneill-group.com
                    22   Time for Translation Providers to Come Out of the Shadows
                         By Chris Durban                                                                                     (215) 321-9662 ext. 38
                         The intrepid monolingual buyer of translations faces a challenge that is arguably even              Fax: (215) 321-9636
                         more difficult than the one faced by a consumer seeking high-quality healthcare. The
                                                                                                                             Executive Director
                         reason? Translation buyers are often simply unable to judge what is delivered.
                                                                                                                             Walter Bacak
                                                                                                                             Walter@atanet.org

                                                                                                                             Editorial Advisors
                                                                                                                             R. Michael Conner,
                                                                                                                             Leslie Willson, Mike Stacy
                                                                    Columns and Departments
A sign of spring.

                                                                                                                             Membership and
                                                                6   About Our Authors
                                                                                                                             General Information
                                                                7   From the President
                                                                                                                             Maggie Rowe
                                                               10   From the Executive Director
                                                                                                                             Maggie@atanet.org
                                                               13   Conferences and Events
                                                                                                                             Document-on-Request:
                                                               44   Accreditation Forum
                                                                                                                             1-888-990-3282
                                                               45   The Onionskin
                                                                                                                             website: www.atanet.org
                                                               47   Dictionary Reviews
                                                               57   The Translation Inquirer
                                                               59   Humor and Translation
                                                               60   ATA Chapters and Groups
                                                               62   Display Advertising Index
                                                               63   New Active and Corresponding Members

                                                                    American Translators Association
                                                                    225 Reinekers Lane, Suite 590 • Alexandria VA 22314
                                                                    Tel: (703) 683-6100 • Fax (703) 683-6122
                                                                    E-mail: Chronicle@atanet.org • Website: www.atanet.org
2002 Chronicle                                   The
Editorial Calendar
January
Focus: Professional Practices
                                                                       Chronicle                                             A Publication of the American Translators Association
                                                                                                                              1999 FIT Best Periodical Award Winner

Submission Deadline:
  November 1
                                                 The ATA Chronicle Submission Guidelines
                                                 The ATA Chronicle enthusiastically encourages members to submit articles of interest to the fields of
February
Focus: ATA Divisions: Past,                      translation and interpretation.
  Present, and Beyond                            1. Articles (see length specifications below) are due the first of the month, two months prior to the
Submission Deadline:                                 month of publication (i.e., June 1 for August issue).
  December 1                                     2. Articles should not exceed 3,500 words. Articles containing words or phrases in non-European
March
                                                     writing systems (e.g., Japanese, Arabic) should be submitted by mail and fax.
Focus: Marketing                                 3. Include your fax, phone, e-mail, and mailing address on the first page.
Submission Deadline:                             4. Include a brief abstract (two sentences maximum) emphasizing the most salient points of your
  January 1                                          article. The abstract will be included in the table of contents.
                                                 5. Include a brief biography (three sentences maximum) along with a picture (color or B/W). Please
April
Focus: Public Awareness                              be sure to specify if you would like your photo returned. Do not send irreplaceable photos.
Submission Deadline:                             6. In addition to a hard copy version of the article, please submit an electronic version either on
  February 1                                         disk or via e-mail (Jeff@atanet.org).
                                                 7. Texts should be formatted for Word or Wordperfect 8.0.
May
                                                 8. All articles are subject to editing for grammar, style, punctuation, and space limitations.
Focus: Literary Translation
Submission Deadline:                             9. A proof will be sent to you for review prior to publication.
  March 1
                                                 Standard Length
June                                             Letters to the editor: 350 words; Opinion/Editorial: 300-600 words; Feature Articles: 750-3,500
Focus: Agencies, Bureaus, and
  Companies
                                                 words; Column: 400-1,000 words
Submission Deadline:
  April 1

July
Focus: Science and Technology
                                                 An Easy Reference To ATA Member Benefits
Submission Deadline:                             Your ATA membership has never been more valuable. Take advantage of the discounted programs and
  May 1                                          services available to you as an ATA member. Be sure to tell these companies you are an ATA member and
August
                                                 refer to any codes provided below.
Focus: Independent Contractors                   Business Owners Insurance                                      MasterCard
Submission Deadline:
  June 1
                                                 National Professional Group                                    MBNA America
                                                 (888) 219-8122                                                 Reference Code: IFKV
September                                        www.ata-ins.com                                                (800) 847-7378 • (302) 457-2165
Focus: Interpreting
Submission Deadline:                             Collection Services/Receivables                                Medical, Life, and Disability Insurance
  July 1                                         Management                                                     Mutual of Omaha
October                                          Dun & Bradstreet                                               (800) 223-6927 • (402) 342-7600
Focus: Legal Translating/                        Mike Horoski                                                   www.atanet.org/mutual.htm
  Interpreting                                   (800) 333-6497 ext. 7226
Submission Deadline:                             (484) 242-7226                                                 Overnight Delivery/Express Package Service
  August 1                                       Horoskim@dnb.com                                               UPS
                                                                                                                Reference Code: C0000700415
November/December
Focus: Training and Pedagogy                     Conference Travel                                              (800) 325-7000
Submission Deadline:                             Stellar Access                                                 www.ups.com
  September 1                                    Reference Code: 505
                                                 (800) 929-4242 • (619) 453-3686                                Professional Liability Insurance
Moving? Find an                                  e-mail: flycia@stellaraccess.com                               National Professional Group
                                                 www.stellaraccess.com                                          (888) 219-8122
error with your                                                                                                 www.ata-ins.com
address?                                         Credit Card Acceptance                                         Retirement Programs
We’ve done everything possible to ensure         Program/Professional Services Account                          Washington Pension Center
that your address is correct. But sometimes      NOVA Information Systems                                       (888) 817-7877 • (301) 941-9179
errors do occur. If you find that the informa-   Reference Code: HCDA
tion on the mailing label is inaccurate or out   (888) 545-2207 • (770) 649-5700
of date, please let us know. Send updates to:
The ATA Chronicle • 225 Reinekers Lane,          ...And, of course, as an ATA member you receive discounts on the Annual Conference registration fees and ATA publi-
Suite 590 • Alexandria, VA 22314                 cations, and you are eligible to join ATA Divisions, participate in the online Translation Services Directory, and much
Fax (703) 683-6122 • Chronicle@atanet.org        more. For more information, contact ATA (703) 683-6100; fax (703) 683-6122; and e-mail: ata@atanet.org.

4                                                                                                                                 The ATA Chronicle | April 2002
25    The Professional Image of Translators and Interpreters
       By Rut Simcovich
       Do translators and interpreters have a professional image? What image do we have of
       ourselves? There are some indicators that we don’t have much of a professional image
       and that the little we have is not too good.

27    Back to Basics in Professional Preparation
                                                                                                                   The ATA Chronicle (ISSN
       By Carol J. Patrie                                                                                          1078-6457) is published
       Working interpreters and student interpreters can benefit from awareness and develop-                       monthly, except bi-monthly
       ment of intralingual skills within their working languages, but especially within their                     in November/December,
       first language. This article describes and reviews relevant intralingual skills and cogni-                  by the American
       tive processing skills.                                                                                     Translators Association.

32    An Introduction to German Patent Translation                                                                 Reprint Permission:
       By Nicholas Hartmann                                                                                        Requests for permission to
                                                                                                                   reprint articles should be
       Basic principles and procedures for translating German patents into English, including
                                                                                                                   sent to the Chronicle editor
       information about suggested working methods and the attitudes and qualifications that                       at Jeff@atanet.org.
       patent translators must bring to their work.                                                                The subscription rate for a
                                                                                                                   member is $43 (included in
36    Overview of the Los Angeles Area Hospital Project and Training Strategies                                    the dues payment). The U.S.
       By Alexander Rainof                                                                                         subscription rate for a non-
                                                                                                                   member is $50. Subscribers
       The state of medical translation and interpretation in the U.S. has recently resulted in a
                                                                                                                   in Canada and Mexico add
       great deal of concern. A discussion of some of the issues raised by physicians in med-                      $25; all other non-U.S. sub-
       ical journals (JAMA, JAMWA), by the Office of Civil Rights of the Health and Human                          scribers add $45. Single
       Services Department, by the press (LA Times, etc.), and by translators and interpreters                     copies are available for $5
       throughout the country.                                                                                     per issue. Second-class
                                                                                                                   Postage rates paid at
                                                                                                                   Alexandria, Virginia, and
                                                                                                                   additional mailing offices.

                                                                                                                   Postmaster:
     ATA’s Fax on Demand                                                                                           Changes of address
                                                                                                                   should be sent to The ATA
                                                                                                                   Chronicle, 225 Reinekers
     Need a membership form for a colleague? Want the latest list of exam sites? Call ATA’s                        Lane, Suite 590,
                                                                                                                   Alexandria, VA 22314. The
     Document on Request line, available 24-hours a day:                                                           American Translators
                                                                                                                   Association (ATA) was
     1-888-990-3282                                                                                                established in 1959 as a
                                                                                                                   not-for-profit professional
                                                                                                                   society to advance the
     The call is toll-free and user-friendly...simply follow the voice prompts and have the                        standards of translation
     ATA documents you need faxed to you.                                                                          and to promote the intel-
                                                                                                                   lectual and material inter-
                                                                                                                   ests of translators and
     Here’s the current list of documents that are available and their document numbers:                           interpreters in the United
                                                                                                                   States. The statements
                                                                                                                   made in The ATA
      1   Menu                            33   Request for Accreditation        57   1999 Chronicle Index
                                                                                                                   Chronicle do not neces-
     20   Membership Brochure                  Review                           58   2000 Chronicle Index          sarily reflect the opinion
     21   Membership Application          40   List of Publications & Order     59   ATA Code of Professional      or judgment of the ATA,
     22   Alternative Routes to Active         Form                                  Conduct                       its editor, or its officers or
          or Corresponding                50   Chronicle Editorial Guidelines   60   ATAware Order Form            directors and are strictly
                                                                                                                   those of the authors.
          Membership                      51   Chronicle Advertising Rates      70   Chapters, Affiliated Groups
     30   A Guide to ATA Accreditation    52   1994 Chronicle Index                  & Other Groups
     31   ATA Accreditation Practice      53   1995 Chronicle Index             80   Proposal for Conference
          Test Request Form               54   1996 Chronicle Index                  Presentation
     32   ATA Accreditation               55   1997 Chronicle Index             90   Model Contract for
          Examination Registration        56   1998 Chronicle Index                  Translators
          Form

The ATA Chronicle | April 2002                                                                                                      5
About Our Authors...
Laurence H. Bogoslaw is the presi-            1982. He began working full-time as         Specialist Certificate: Legal, Certificate
dent of the Upper Midwest Translators         an independent technical and scientific     of Transliteration, Certificate of
and Interpreters Association, a new           translator in 1984, and now special-        Interpretation). She authored The
ATA affiliate. He is also the coordinator     izes in translating patents and related     Effective Interpreting Series: Cognitive
of the Minnesota Translation                  documents for corporate clients and         Processing in English, English Skills
Laboratory (MTL), which he co-                law firms in the U.S. and Europe. He        Development, and Translating from
founded with Professor Bruce                  has served ATA as director and secre-       English, all published by
Downing at the University of Minne-           tary, administrator of the Science and      DawnSignPress. Consecutive
sota. He received his M.A. in Italian         Technology Division, chair of the           Interpreting and Simultaneous
from the University of Connecticut in         Client Education Committee and the          Interpreting are forthcoming. Contact:
1988 and his Ph.D. in Slavic languages        Science and Technology Information          cpatrie@hotmail.com.
and literatures from the University of        Committee, and as a member of the
Michigan in 1995. He is an experi-            Terminology Committee and the ATA           Penny Patterson earned a B.A. in lan-
enced technical translator in Russian,        Chronicle editorial board. He holds         guages and applied linguistics at
Italian, and Polish. He has also con-         ATA accreditation in French>English,        Griffith University, Nathan,
ducted research on poetry translation,        German>English, and Italian>English.        Queensland, Australia. Contact:
and is a published literary translator.       Contact: nh@nhartmann.com.                  patterson_penny@hotmail.com.
Contact: mtl@tc.umn.edu.
                                                             Deb Kramasz is a tech-       Alexander Rainof grew up in France,
Howard Dias is a certified public                            nical communicator and       Italy, Mexico, and the U.S., and
accountant with 30 years of experi-                          translator, former trans-    received his M.A. and Ph.D. in com-
ence. He has been in business for                            lation agency owner,         parative literature (specializing in
himself since 1985 (and all those                            and a Berlitz ESL/           Anglo-American, French, Italian, and
years as a corporation). He special-                         Spanish teacher. After       Spanish languages and literature)
izes in small- and medium-sized busi-         living in Morocco for eight years, she      from the University of Michigan in
nesses, especially interpreters.              developed a special interest in inter-      Ann Arbor. He is a certified interpreter
Contact: hrdcpa@aol.com.                      national communication in her               for the federal, state, and the Los
                                              working languages (Spanish, Arabic,         Angeles County courts, as well as for
                Chris Durban (FITI;           and French). She graduates this year        all state agencies in California. He has
                member of the Société         with a B.A. in technical communica-         published extensively in the areas of
                Française des Traduc-         tion from Metropolitan State Uni-           literature, linguistics, translation, and
                teurs) is a freelance         versity in St. Paul, Minnesota, where       interpretation, and is currently a pro-
                translator specializing       she also works as the office manager        fessor in the Romance, German, and
                in finance and capital        of University Advancement. She serves       Russian Languages and Literatures
markets, and a founding member of             as managing editor for Turning Point,       Department at California State
Rencontres Traduction Financière.             the newsletter of the Upper Midwest         University, Long Beach, and in the
Based in Paris, she was a staff trans-        Translators and Interpreters Associ-        Translation and Interpretation
lator with EFSA, the research division        ation, a new ATA affiliate. Contact:        Certificate Program at UCLA/UNEX.
of the Banque de l’Union Europeenne,          deb.kramasz@metrostate.edu.                 Contact: arainof@ucla.edu or
from 1973-1987. She has organized                                                         arainof@csulb.edu.
five training days for financial transla-                    Carol J. Patrie, Ph.D.,
tors in conjunction with the Paris                           is known nationally and      Rut Simcovich is an Argentine free-
Bourse. Since February 1996, she has                         internationally for her      lance English-Spanish translator and
written a client education column for                        work on translation,         interpreter. She has been running
the ITI Bulletin entitled “The Onion-                        interpretation, and          interpreter-training courses since
skin,” featuring real-life translation sto-                  teaching interpretation.     1986. She was the court-appointed
ries (this column now appears in the          She coordinated the Master of Arts in       interpreter in the trial of the Argentine
ATA Chronicle). She was recently              Interpretation at Gallaudet University,     Military Juntas, and currently works
awarded ATA’s Gode Medal. Contact:            is a past president of the Conference       for clients such as the U.K. Embassy,
chrisdurban@compuserve.com.                   of Interpreter Trainers, and is certified   the World Bank, and The Coca Cola
                                              as an interpreter by the Registry of        Company. Contact:
Nicholas Hartmann earned B.A. and             Interpreters for the Deaf                   rsimcovich@infovia.com.ar.
M.A. degrees in 1973 and his Ph.D. in         (Comprehensive Skills Certificate,

6                                                                                                   The ATA Chronicle | April 2002
From the President                                          Thomas L. West III
                                                                                          president@atanet.org

                             Accreditation

      s I write these words, I am on                   education requirements for retaining                 by ATA Treasurer Dr. Jiri Stejskal, and

A     my way to a CLE seminar. CLE
      is lawyer-speak for “continuing
legal education,” and attorneys in the
                                                       the credential. As past ATA President
                                                       Ann Macfarlane told you in one of
                                                       her many eloquent columns, we will
                                                                                                            the ad hoc committee on continuing
                                                                                                            education requirements will be chaired
                                                                                                            by Professional Development Chair
state of Georgia, where I live, are                    be making these changes to the                       Marian Greenfield. They will report to
required to take 12 hours of contin-                   accreditation program “with all delib-               the Board at our meeting in late June on
uing education every year to keep                      erate speed” (a famous phrase from                   their findings.
their license. Although I no longer                    the Supreme Court’s decision in                          In the meantime, ATA Director Dr.
practice law, I am still licensed to do                Brown vs. the Board of Education,                    Alan Melby will continue his investiga-
so and therefore attend the continuing                 describing the court’s opinion of how                tion into whether it would be possible
education classes every year. Since I                  quickly [or not quickly, depending on                to meet all our requirements and still
spend my days reading (and trans-                      how you read it] school desegregation                allow test takers to write the examina-
lating) legalese in foreign languages,                 should be carried out).                              tion on a computer. For a discussion of
these courses are an especially good                       In an effort to get the changes                  the enormous difficulties surrounding
opportunity for me to listen to stan-                  underway “with all deliberate speed,” the            this conundrum, I refer you to the
dard English legal language as it is                   ATA Board met on Saturday, March 9,                  excellent articles written by Terry
spoken by practicing attorneys. I also                 with the Accreditation Committee and                 Hanlen, who manages the accreditation
learn about new areas of the law that                  discussed at length how to implement                 program at ATA Headquarters. Terry’s
will probably show up in a translation                 two of the Hamm recommendations. At                  articles appear in the July and August
one of these days.                                     a session led by Accreditation Chair Lili            2001 issues of the Chronicle. I look
    As most of you know by now, last                   Van Vranken and Deputy Chair Celia                   forward to bringing you news about
year the ATA Board of Directors                        Bohannon, we focused on eligibility                  changes in the accreditation programs
approved implementing the recom-                       requirements and continuing education.               over the next two years, and appreciate
mendations made by credentialing                       I have summarized the results of our                 your support in making it the most
expert Michael Hamm when he                            brainstorming and have appointed two                 widely recognized credential in our
reviewed our accreditation program.                    ad hoc committees, one to study each of              profession.
One of these recommendations                           these issues. The ad hoc committee on
was that we implement continuing                       eligibility requirements will be chaired

       Announcing
                                ATA Medical Translation and Interpreting Seminar
                                Radisson Hotel and Suites Chicago • Chicago, Illinois                            •   May 18, 2002

       This seminar features an in-depth look at medical translation and       Fee: $145 ATA members; $230 nonmembers
       interpreting. More information on the program will be e-mailed to all   After May 10: $225 members; $320 nonmembers
       members and posted on the ATA website. All presentations will be in
       English. See page 11 for more information and the registration form.    Space is limited. To register, contact ATA Headquarters at
                                                                               703-683-6100 or visit the ATA website—www.atanet.org—
       Plus, an ATA accreditation exam sitting is scheduled for Sunday         On the home page, click on the Medical Seminar link under
       morning, May 19, in the hotel. (A separate registration is required     What’s New.
       for the exam. Please contact ATA Headquarters for more information.)
                                                                               A few rooms have been reserved at $169 single/double a night, plus
                                                                               tax. To reserve a hotel room, contact the Radisson at 312-787-2900.
                                                                               Be sure to mention that you are attending the ATA seminar.

                                                 An ATA Professional Development Seminar

The ATA Chronicle | April 2002                                                                                                                       7
New York University is an affirmative action/equal opportunity institution. ©2002 New York University School of Continuing and Professional Studies

                                                                                                                                                                    Parlez-Vous Success?

                                                                                                                                                      Introducing NYU’s Master of Science in Translation
                                                                                                                                                      There’s a whole new way to succeed in our rapidly shrinking world – with the new Master of Science in Translation
                                                                                                                                                      degree from New York University's School of Continuing and Professional Studies. It's the only one of its kind in
                                                                                                                                                      the world, and to really make the most of your skills, it has a special focus on finance and law.
                                                                                                                                                      We also offer a Graduate Certificate in Translation*, designed to provide a foundation for professional practice and
                                                                                                                                                      further study in the field.
                                                                                                                                                      What's more, for busy professionals, both have been designed to be offered completely online. Only the final
                                                                                                                                                      term of the Master’s Degree program requires attending courses in New York City. Find out more today.
                                                                                                                                                      Because success translates into every language!

                                                                                                                                                      INFORMATION SESSION:
                                                                                                                                                      Tues., 6-8 p.m., May 21
                                                                                                                                                      48 Cooper Square, 2nd Floor

                                                                                                                                                      FOR MORE INFORMATION:
                                                                                                                                                      Phone: 212-998-7200, ext. 375
                                                                                                                                                      Website: www.scps.nyu.edu/375
                                                                                                                                                      * Pending State approval.
American Translators Association
                              43rd Annual Conference
                                       HYATT REGENCY HOTEL • ATLANTA, GEORGIA
                                          NOVEMBER 6 – NOVEMBER 9, 2002

    Plan now to attend ATA’s Annual Conference. Join your colleagues for a rewarding experience in Atlanta, Georgia.

    ATA’s 43rd Annual Conference will feature:
      • Over 150 educational sessions offering something for everyone;
      • The Job Exchange where individuals promote their services and companies meet translators and interpreters;
      • Over 50 exhibits featuring the latest publications, software, and services available;
      • Opportunities to network with over 1,600 translators and interpreters from throughout the U.S. and around the world; and
      • Much more!

    The Registration Form and Preliminary Program will be mailed in July to all ATA members. The conference rates are listed below.
    As always, ATA members receive significant discounts.

    Conference Registration Fees                ATA member                      Nonmember                        Student Member

       Early-Bird (by October 1)                    $245                            $335                               $110
           One-day                                  $125                            $170                                n/a
       After October 1                              $305                            $420                               $130
           One-day                                  $160                            $220                                n/a
       On-site (after October 26)                   $380                            $525                               $150
           One-day                                  $195                            $270                                n/a

    Note: Students and one-day participants do not receive a copy of the Proceedings.
          All speakers must register for the conference.

    Hotel Accommodations

        The Hyatt Regency Hotel, the host hotel, is conveniently located in downtown Atlanta at 265 Peachtree Street, NE. The
    hotel is 20 minutes from Atlanta’s Hartsfield International Airport.
        Conference attendees can register at the discounted rate of $160 single, $165 double, $175 triple, and $185 quadruple plus
    tax per night. (Regency Club accommodations are offered at an additional charge of $35 per room based on availability.) This
    rate is good until October 15, 2002. The availability of guest rooms or the group rate cannot be guaranteed after that date.
        To make your hotel reservations, contact the Hyatt Regency at 1-866-333-8880 or 404-577-1234. Be sure to specify that
    you are attending the ATA Annual Conference.

    Travel Arrangements

       ATA once again offers the services of Stellar Access to help you with your travel arrangements. Through Stellar Access
    conference attendees are eligible for discounted air travel and rental cars.
       Call Stellar Access at 1-800-929-4242, and ask for ATA Group #505. Outside the U.S. and Canada, call 858-805-6109; fax:
    858-547-1711. A $15 transaction fee will be applied to all tickets purchased by phone. Reservation hours: Monday-Friday
    6:30am-5:00pm Pacific Time.
       BOOK ONLINE and pay NO TRANSACTION FEE! Go to www.stellaraccess.com and book your reservations from the
    convenience of your home or office anytime! First-time users must register and refer to Group #505.

                                                Mark Your Calendar Today!
                                                  November 6–9, 2002

The ATA Chronicle | April 2002                                                                                                        9
From the Executive Director                                             Walter Bacak, CAE
                                                                                                 Walter@atanet.org

                         Highlights from the March Board Meeting

      he Board of Directors met              “interpreting” or “interpreter” any-         Research Forum. The Board approved

T     March 8 and 10 in Alexandria,
      Virginia. Here are some of the
highlights from the meeting.
                                             where in ATA material where “trans-
                                             lation,” “translating,” or “translator” is
                                             mentioned. Related, the name of the
                                                                                          a motion to establish the Translation
                                                                                          and Interpreting Research Forum
                                                                                          specifically for individuals engaged, or
                                             online Translation Services Directory        having a professional interest, in
Investment Policy. The Board approved        will be changed to Directory of Trans-       research in the fields of translation and
a new investment policy. The policy,         lation and Interpreting Services and         interpreting. Dr. Claudia Angelelli will
drafted by ATA Treasurer Jiri Stejskal       the online Corporate Translation             chair this Forum.
and the members of the Investment            Services Directory will be changed to
Committee (ATA Past Treasurer Eric           Directory of Language Services                  In addition, the Board spent much
McMillan and ATA Directors Beatriz           Companies.                                   time discussing the changes to the
Bonnet and Marian Greenfield), is a                                                       accreditation program (see “From the
more conservative policy reflecting          Services Surveys. The Board dis-             President” on page 7) and proposed
the need to preserve capital (versus         cussed two surveys that will be get-         public relations efforts. More infor-
seeking higher returns).                     ting underway late this spring. One          mation on both topics will be pub-
                                             will be an update of the Translation         lished as it develops.
Policy on Addressing Commercial              and Interpreting Services Survey,
Disputes. The Board approved a               which features the compensation                 The minutes of the meeting are
policy statement reflecting ATA’s            data for translators and interpreters        posted in the Members Only section of
position on commercial disputes              broken out in several ways: experi-          the ATA website: www.atanet.org/
involving members. More information          ence, language, etc. The second              membersonly. Past meeting minutes
on the policy will be published in the       survey will include detailed informa-        are also posted on the site. The next
Chronicle and posted on the website.         tion on language services companies.         Board meeting is set for June 29-30 in
                                             Both are targeted to be published by         New Orleans, Louisiana. As always,
Interpreting Issues. The Board               the time of the annual conference in         the meeting is open to the membership.
approved a motion to incorporate             November.

       Nominating Committee Approved                                                         It’s Not Too Early To Plan

       The Board approved the 2002 Nominating Committee.
       The committee members are:                                                               ATA’s 43rd Annual
          Ann G. Macfarlane, chair
                                                                                                Conference
          Dr. Denzel L. Dyer
          Virginia K. Fox                                                                       Hyatt Regency Hotel
          Robert E. Sette
          Benjamin B. Tompkins                                                                  Atlanta, Georgia
       For more information, please contact ATA Headquarters at (703) 683-6100                  November 6-9, 2002
       or ata@atanet.org.

10                                                                                                  The ATA Chronicle | April 2002
Announcing
                       ATA Medical Translation and
                          Interpreting Seminar
                                 Radisson Hotel and Suites Chicago
                              Chicago, Illinois • Saturday, May 18, 2002

Join your colleagues in the “Windy City” on May 18th for a full day of in-depth sessions on medical translation and
interpreting. Get current on terminology, hear presentations specifically targeting professionals working in medical
translation and/or interpreting, and network with other translators and interpreters. All sessions will be in English and
will be submitted for Continuing Education Credit for the States of California and Washington. A continental breakfast
will be served.

                                               Morning Plenary Session
                                              The Language of Medicine
                                                 Davi-Ellen Chabner

                                           Afternoon Breakout Sessions
                             Legal Issues in the Translation of Healthcare Documents
                                                   Maria Cornelio

          A Crash Course in Experimental Design and Inferential Statistics for Biomedical Translators
                                           Dr. Lydia Razran Stone

                            Ethical Codes and Ethical Dilemmas in Medical Interpreting
                                      Dr. Cornelia Brown and Bruce T. Downing

         Beyond Bilingualism: The Role of Telephonic Interpreting in Facilitating Cultural Competency
                                           Janet Erickson-Johnson

            Abstracts and speaker biographies can be found at www.atanet.org/medical/abstracts.htm.

Early-Bird Registration Fees:                  ATA Members $145                      Nonmembers $230

After May 10 and On-site:                      ATA Members $225                      Nonmembers $320

Space is limited. For more information, contact ATA Headquarters at 703-683-6100 or visit the ATA website at
www.atanet.org and click on the Medical Seminar link on the home page. (Direct link is www.atanet.org/medical.)

A small block of rooms has been reserved at $169 single/double a night, plus tax. To reserve your hotel room, con-
tact the Radisson at 312-787-2900. Be sure to mention that you are attending the ATA Medical Translation and
Interpreting Seminar.

Complete the following Registration Form to register today!

                                     An ATA Professional Development Seminar
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727$/3$
Conferences and Events
Nashville, Tennessee                                Length: 5-10 double-spaced pages                    Paris, France
Society for Technical Communication 49th            (short is beautiful!)                               VI International Forum on Legal Translation and
Annual Conference                                   Abstracts: Maximum of 100 words; enclose CV.        Court Interpreting
May 5-8, 2002                                       Delivery: E-mail in .doc format to                  June 12-14, 2002
For everyone whose job involves communicat-         zuzana007@hotmail.com.                              Information: Elena de la Fuente, Organizing
ing technical information! Conference attendees     Deadline: Abstracts by May 31, 2002, final          Committee Chairperson, FIT Committee on
come together each year to share information        version of papers by July 31, 2002.                 LTCI; e-mail: delftrad@club-internet.fr.
about every aspect of their work. Besides its       Authors of accepted papers will be advised by
many networking opportunities, the conference       June 30, 2002. All presenters must be regis-        Yokohama, Japan
provides a program of approximately 200 tech-       tered for the conference.
                                                                                                        13th International Japanese/English Translation
nical sessions. These are 60- to 90-minute pre-     For more information, please contact:
                                                                                                        Conference
sentations, each conducted by one or more           Zuzana Kulhankova
                                                                                                        May 11-12, 2002
experts in some area of technical communica-        Jana Zizky 2, 378 81 Slavonice
                                                                                                        For more information, please visit
tion. For more information:                         Czech Republic
                                                                                                        www.ijet.org/ijet-13.
www.stc.org/49thConf/index.html.                    Tel: +420-332-493777
                                                    Fax: +420-332-493770
                                                    Mobil: +420-605-726432                              Auckland, New Zealand
Washington, DC                                                                                          New Zealand Society of Translators
                                                    E-mail: zuzana007@hotmail.com
Translators Discussion Group                                                                            and Interpreters
                                                    www.scholaludus.cz
Borders Books and Music                                                                                 Ethics, Education, Experience, and Earnings:
18th & L Streets, NW                                                                                    Elements in the Multidimensional World of
Meets the second Wednesday of each month            Birmingham, England
                                                                                                        Translation and Interpreting
from 6:30-8:00 pm at Borders. For more infor-       The Birmingham Centre for Corpus Linguistics
                                                                                                        June 1-3, 2002
mation, please contact Lily Liu at                  Expert Training Package
                                                                                                        For more information, please contact the
LilyLiu99@aol.com.                                  "FastTrack to Translation: Extracting Translation
                                                                                                        national secretary via e-mail at liu@ihug.co.nz.
                                                    Equivalents from Parallel Corpora"
Toronto, Canada                                     University of Birmingham
                                                    June 11-14, 2002                                    Madrid, Spain
Canadian Association for Translation Studies                                                            Madrid 2002 Conference for
                                                    Geared toward professionals in the language
15th Annual Conference                                                                                  Financial Translators
                                                    industry and other multilingual areas (i.e., dic-
Translation and (Im)migration                                                                           Colegio de Medicos
                                                    tionary publishing, multilingual language tech-
May 25-27, 2002                                                                                         Saturday, June 8th, 2002
                                                    nology, and translation services). Space is lim-
Information: Dr. Anne Malena, Modern                                                                    A one-day event for financial translators (espe-
                                                    ited. For more information and a registration
Language and Cultural Studies, 200 Arts                                                                 cially of Spanish) to be held at the Colegio de
                                                    form, please visit
Building, University of Alberta, Edmonton,                                                              Medicos (C/Santa Isabel, 51, 28012, Madrid).
                                                    http://clg2.bham.ac.uk/FastTrack.html.
Alberta T6G 2E6 Canada. Tel: (780) 492-1187;                                                            Speakers include experts from the financial
                                                    Completed registration and payment forms
Fax :(780) 492-9106;                                                                                    sector and leading financial translators from
                                                    should be sent by mail or fax to: Louise Matty,
E-mail: amalena@ualberta.ca; website:                                                                   around the world (including Chris Durban and
                                                    Centre for Corpus Linguistics, Department of
www.uottawa.ca/associations/                                                                            Silvana Debonis). The conference seeks to pro-
                                                    English, University of Birmingham, Edgbaston,
act-cats/index.htm.                                                                                     vide translators with insight into the financial
                                                    Birmingham B15 2TT, England; Fax: + 44 121
                                                    414 6053; E-mail: mattylri@hhs.bham.ac.uk.          sector and a forum for networking with other
Vancouver, British Columbia                                                                             translators.
XVI World Congress of the International             Cambridge, England                                  Price: EUR 160. For more information, please
Federation of Translators                                                                               go to www.rgft.com or contact: Jack Atkinson,
                                                    18th Intensive Course in Simultaneous
Translation: New Ideas for a New Century                                                                RGFT España S.L. c/Bravo Murillo, 74, 1° A,
                                                    Conference Interpretation
August 6-10, 2002                                                                                       Madrid 28003. (Tel: +34 91 5540962, E-mail:
                                                    August 18-31, 2002
Canada is proud to welcome the XVI FIT                                                                  ja@rgft.es).
                                                    Participants will interpret for guest speakers on
Congress to Vancouver, British Columbia. It kicks
                                                    a wide range of general and technical subjects
off August 6, 2002, with the welcome reception                                                          Call for Manuscripts
                                                    under authentic conference conditions. In addi-
and on-site registration, and the Congress itself                                                       Multilingual Matters Series
                                                    tion to the core curriculum, there will be spe-
runs three and a half days, August 7-10. This is                                                        Professional Interpreting in the Real World
                                                    cialized discussions in a variety of fields (for
the first time in over two decades that the                                                             Suggested topics: Method (field-specific);
                                                    example, consecutive, on-site translation, use
Congress has taken place in North America, so                                                           Procedure (field-specific); Regulations (field-
                                                    and preparation of texts, booth and stress man-
we’re happy to continue the tradition of welcom-                                                        specific); Interpreting Equipment (conference
                                                    agement, marketing and negotiation, interpret-
ing hundreds of delegates from all corners of the                                                       and legal); Education (basics per field,
                                                    ing approaches to Shakespeare and the Bible,
world. Recent Congresses have been held in                                                              advanced skills per field, advanced theory per
                                                    etc.), and briefings on the International
Mons, Belgium (1999), Melbourne, Australia                                                              field); Skills (memory retention exercises, note
                                                    Association of Conference Interpreters, the
(1996), Brighton, England (1993), Belgrade,                                                             taking, troubleshooting per field, and specific
                                                    international institutions, and the profession.
Yugoslavia (1990), and Maastricht, the                                                                  language pair applications). The series editor
                                                    The course languages are English, French,
Netherlands (1987). For more information, please                                                        will be pleased to discuss proposals with
                                                    German, Russian, and Spanish. The language
visit www.fit-ift.org.htm.                                                                              potential authors. Please send them to: c/o
                                                    of general instruction is English. Early enroll-
                                                    ment is recommended. For information, includ-       Multilingual Matters Ltd., Frankfurt Lodge,
Slavonice, Czech Republic                           ing a detailed course brochure and application      Clevedon Hall, Victoria Road, Clevedon, BS21
Call for Papers                                     forms, please contact: Christopher Guichot de       7HH, U.K.; or by e-mail to tommi@multilingual-
Slavonice International Translators Conference      Fortis; Tel: (+32-2) 654-2080; Fax: (+32-2) 652-    matters.com. Guidelines for book proposals
2002                                                5826; E-mail: defortis@belgacom.net.                can be found on our website (www.multilin-
September 19-22, 2002                               (Note: This course is specifically designed for     gual-matters.com).
Topics: Any topic of interest to translators        conference interpreters only.)

The ATA Chronicle | April 2002                                                                                                                        13
International Certification Study: Austria

By Jiri Stejskal

    n the March issue we took a closer      The relevant law stipulates that the cer-     the legal system of Austria and that of

I   look at the Canadian Translators
    and Interpreters Council and the
Society of Translators & Interpreters
                                            tification procedures be handled by a
                                            board consisting of, among others, a
                                            representative of the judiciary (since
                                                                                          the applicant’s foreign language(s).
                                                                                          Applicants need to fulfill these
                                                                                          requirements before being admitted to
of British Columbia, and I promised         the certification primarily serves the        sit for a written and oral examination
to explore the certification procedures     courts) and a representative of the           before a board that comprises a
for translators and interpreters in         respective professional association.          member of the judiciary, a member of
Austria. The following information          Therefore, the association does not           ÖVGD, a chairperson, and two lan-
was gleaned from the website of the         carry out any certification proceedings       guage experts (one for the relative
Austrian Association of Court Inter-        itself. Rather, only certified court inter-   language and the other an expert in
preters (Österreichischer Verband der       preters can become members. In other          translatology, both to be named by the
allgemein beeideten und gerichtlich         words, the certification precedes the         ÖVGD). The certification is granted
zertifizierten Dolmetscher, ÖVGD). I        application for ÖVGD membership.              for 10 years and can be renewed upon
am also indebted to Dipl. Dolm.                                                           providing proof of work done in the
Christine Springer and Dipl. Dolm.                                                        courts during the certification period.
Liese Katschinka (president and vice-           …Owing to the strict                      Proof of further training obtained
president of the ÖVGD, respectively),           selection criteria, the                   during that period is also required.
and to Dipl. Dolm. Erika Obermayer                                                        The certified court interpreter must be
(president of the Austrian Association       certified court interpreter                  available at all times, and at short
of Translators and Interpreters, UNI-          is highly qualified, and                   notice, for the courts and authorities.
VERSITAS) for their guidance and                                                          Repeatedly declining to answer a
additional support.
                                              specific legal provisions                   summons or prepare a translation
    The ÖVGD is a nonpolitical, non-              make him or her                         could lead to the interpreter’s name
profit organization that has been in         particularly trustworthy…                    being deleted from the List of Sworn
existence for more than 75 years with                                                     and Certified Court Interpreters.
the declared objective of furthering the                                                      The certified court interpreter
professional and business interests of         The certification procedure is uni-        (“Allgemein beeideter und gerichtlich
sworn and certified court interpreters      form throughout Austria for all lan-          zertifizierter Dolmetscher,” or “sworn
in Austria. At present, the association     guages and follows the same                   and certified court interpreter”) is an
has approximately 600 members. As           procedure used for expert witnesses           interpreter/translator who is available
the association’s name and objective        (court interpreters and expert wit-           specifically for the courts and author-
suggest, its members consist of only        nesses fall under the same legislative        ities (federal and rural police, customs
certified court interpreters. Being a       category in Austria). The law                 officials, authorities granting asylum,
certified court interpreter, however, is    requires candidates to apply to their         etc.) who must command the required
also the sole vehicle for providing cer-    domestic court if they want to                specific knowledge. The swearing in
tified translations.                        become certified court interpreters.          and certification are part of a judicial
    In Austria, certification is the        They must either have completed a             administrative procedure that applies
responsibility of accredited certifying     university training course for inter-         strict selection criteria. “Sworn”
bodies. A special federal law regulates     preters and translators and have              means that the interpreter is perma-
the accreditation of certifying bodies      acquired two years of experience as           nently under oath for all proceedings
that certify companies, institutes, etc.    interpreters and/or translators, or, if       he or she takes part in (as opposed to
(for example, under ISO or CEN stan-        no university training was obtained           the mere “ad hoc” recruitment of an
dards). As no standards comparable to       (which applies primarily to “exotic”          interpreter, who is put under oath only
the ISO 9000 series are available for       languages), they must give proof of           in exceptional cases for specific pro-
expert witnesses and court inter-           five years of professional experience         ceedings). The Amendment of
preters, the Austrian Federal Ministry      as translators and/or interpreters. All       January 1, 1999, to the Court Experts
of Justice launched an initiative for the   candidates must document their office         and Interpreters Act, introduced “judi-
certification of expert witnesses and       facilities (dictionaries, computer            cial certification” in addition to the
court interpreters several years ago.       equipment, etc.) and be familiar with         swearing process. This was done in

14                                                                                                  The ATA Chronicle | April 2002
order to implement the concept of             includes the clause: “I hereby certify    foreign language(s) into German.
quality assurance in interpreting and         under my oath the full conformity of      Similar to the new system imple-
translating. The designation “certified”      the above translation with the orig-      mented in the Czech Republic (see
clearly shows that the interpreter/trans-     inal/transcript/photocopy—attached/       the November/December issue), a
lator is continuously subjected to a          seen by me.” A round seal, which          restriction to work only in one direc-
quality assurance procedure, specifi-         only the certified court interpreter      tion is not possible. As far as written
cally with a view to his or her work in       may use, is then affixed to the docu-     expression is concerned, a faultless
the Austrian courts. For the purpose of       ment and is certified by the inter-       mastery of German and the foreign
improved quality assurance, the per-          preter’s signature.                       language(s) regarding grammar,
sonal requirements for registration in           The Application for Registration       syntax, and spelling are basic
the List of Sworn and Certified Court         in the List of Sworn and Certified        requirements. Thoroughness, accu-
Interpreters were expanded. The regis-        Court Interpreters, including the         racy, and correctness of the transla-
tration procedure was regulated in            applicant’s regular residence or place    tion are of extreme importance, since
greater detail by laying down legal           of professional activity (center of       a certified court interpreter is a certi-
rules for the Selection Commission,           economic interests), must first be        fying officer who affixes an official
and a periodic review of the prerequi-        submitted to the president of the         seal onto translations. If certified
sites of registration was introduced.         court in the district. In the course of   translations are incorrect, an action
The title “Allgemein beeideter und            the registration proceedings, the pres-   for damages may be filed. Further
gerichtlich zertifizierter Dolmetscher”       ident responsible for the registration    information on ÖVGD is available
is legally protected. An action for an        (certifying authority) will charge a      from www.gerichtsdolmetscher.at
injunction may be filed against any           commission when preparing an              (both in German and in English). You
person unlawfully using this title.           expert opinion on whether the regis-      may also contact the association at
    The certified court interpreter may       tration requirements (qualifications)     oevgd@via.at.
also be employed outside the public           have been fulfilled.                          Several years ago, the Austrian
sector and by private persons (i.e., for         The work of a certified court inter-   Association of Translators and Inter-
notarial documents, marriages, arbi-          preter not only calls for an impec-       preters (Österreichischer Übersetzer-
tration proceedings, translations of          cable command of German and the           und Dolmetscherverband), also
contracts, official documents, etc.).         foreign language(s), but also requires    called UNIVERSITAS, approached
The activities of certified court inter-      knowledge of the principles of            the Austrian Standards Institute in
preters are regulated by the “Federal         Austrian legal and court procedures       connection with the German standard
Act of February 19, 1975, Federal             and of the legal and court procedures     DIN 2345 to inquire about whether
Gazette 137, as amended in Federal            of the country/countries where the        this could also become an Austrian
Gazette 168/98, concerning Sworn              chosen language(s) is/are the official    standard. The Austrian Standards
and Certified Court Experts and               language(s). It also requires extensive   Institute suggested taking DIN 2345
Interpreters” and, for the certification      knowledge of the terminology of law       one step further and invited all inter-
of translations, by the “Imperial             and commerce, both in German and          ested parties (representatives of pro-
Patent of August 9, 1854, Imperial            the foreign language(s). In addition, a   fessional associations, translation
Gazette 208, concerning Non-                  thorough knowledge of the termi-          companies, freelance interpreters and
Contentious Civil Proceedings.”               nologies of other fields such as med-     translators, and customers of transla-
    Owing to the strict selection criteria,   icine, technology, etc., is required.     tors and/or interpreters) to develop
the certified court interpreter is highly     Every year, the association organizes     more detailed standards for trans-
qualified, and specific legal provisions      several full-day introductory semi-       lating and interpreting services and
make him or her particularly trust-           nars for applicants, where an expert      for the respective contractual rela-
worthy (e.g., the law imposes the obli-       in law explains the necessary basic       tions between service providers and
gation of secrecy upon the interpreter).      requirements for work as a certified      clients. The result are the Austrian
The certified translations prepared by        court interpreter.                        Standards ÖNORM D1200 and
them are official and public documents,          Translators must be experts in         D1201 (for translations), as well as
and the interpreter is liable for their       translation from both German into         ÖNORM D1202 and D1203 (for
correctness. A certified translation          the foreign language(s) and from the      interpreting services). Work on ➡

The ATA Chronicle | April 2002                                                                                                15
N a t i o n a l         S e c u r i t y        A g e n c y

                               FO CUS
                          Y O UR                                                    International Certification Study: Austria Continued
          INTELLIGENCE
                                                                                    certification procedures based on these standards is
                                                                                    about to begin. For further information, please visit the
                                                                                    homepage of the Austrian Standards Institute
                                                                                    (www.oenorm.at). The two standards on translation are
                                                                                    also available in English. For further information about
     We want you to know.                                                           UNIVERSITAS, please contact the association’s pres-
     By its very nature, what we do as a key member of the Intelligence
     Community requires a high degree of confidentiality. We gather                 ident, Dipl. Dolm. Erika Obermayer (obermayer@
     intelligence from foreign electronic signals for U.S. Government               netway.at), or visit the UNIVERSITAS website at
     decisionmakers at the highest levels; at the same time, we try                 www.universitas.org (German only, although an
     to prevent our adversaries from gaining access to our own vital U.S.
                                                                                    English version is reportedly coming soon).
     communications. As a part of accomplishing these two objectives—and
     to meet our increasingly complex role in today’s changing world—we                 Another Austrian organization active in the T&I field
     regularly invite select individuals to peer into our world…to capture a        is the Translators Association (Übersetzergemeinschaft,
     glimpse of the dedication, the environments, the challenges, and the           www.translators.at), which focuses on literary transla-
     special people that define the NSA as a unique career destination.             tions. Translators and interpreters can train at three
     What you’ll see will raise your eyebrows.                                      Austrian universities in Vienna, Graz, and Innsbruck.
     Imagine working with over-the-horizon technologies, including those            Information on training at the Institute for Translators and
     that won’t come into commercial mainstream use for many years.                 Interpreters of the University of Vienna is available at
     Couple this with the importance of the work we do at the NSA (work             www.univie.ac.at/transvienna/.
     that enhances the nation’s security and the safety of every citizen)               In the next issue, we will take a look at the status of
     and you have a career that is both challenging and compelling…
     and ultimately, so much more rewarding.                                        certification in the U.K. and Ireland. As the editor of
                                                                                    this series, I encourage readers to submit any relevant
     Language Paths                                                                 information concerning non-U.S. certification or sim-
     Few careers put language skills to a more steady and compelling
     use than a position with us. As an NSA linguist, you will be involved
                                                                                    ilar programs, as well as comments on the information
     in activities that focus on the expert translation, transcription,             published in this series, to my e-mail address at
     reporting, and analysis of materials of national concern. You may              jiri@cetra.com.
     even be involved in projects that have global ramifications. We are
     particularly interested in those individuals who are proficient in Asian,
     Middle Eastern, or Slavic languages.
     A linguistic career with the NSA also develops your ability to evaluate
     communications and to decide what is important and what is not, taking
     into account cultural and political factors of current and historical value.        ATA Honors and Awards
     You may also be called upon to further your understanding of a culture
     in which a certain language is spoken, expanding your horizons more
     than a comparable career in business, commerce, or academia normally                   For information and deadlines for ATA’s
     would. In short, your language skills will make a world of difference here.            upcoming Gode Medal, Lewis Galantière
     You may qualify if you are a U.S. citizen. You must also successfully                  Award, and Student Translation Award, and
     complete a background investigation and security clearance. (We
     suggest applying at least six months before you would like to begin your               the American Foundation for Translation
     NSA career.) Send your resume to: National Security Agency, Suite 6779,                and Interpretation Scholarship, visit
     (CJG), 9800 Savage Road, Ft. George G. Meade, MD 20755-6779.
                                                                                            www.atanet.org/awards.htm.
     Equal Opportunity Employer. NSA is committed to cultural diversity
     in its workplace. Positions open to U.S. citizens only.

     ...AND YOUR
     I MAG INAT I ON,
     Y O UR C R E AT I V I T Y,
     YOUR AMB I T I ONS,                                                                        Log on to ATA’s website at
     YOUR FUTURE.
                                                                                              www.atanet.org/membersonly
     B R O W S E : www. n s a . g ov
                                                                                            for special features for members!
          National Security Agency.
     The Science of Intelligence. Explore it.

16                                                                                                               The ATA Chronicle | April 2002
The Right to an Interpreter—Who Decides?
An Australian Perspective
By Penny Patterson

(Note: The following was first pub-          spoken by over two million                  they perform as professionals, con-
lished as a series in the Summer 2001        Australians2, there is little doubt that    sciously or subconsciously.
[Volume 4, Issue 2, page 1], Fall 2001       language is the code to survival within         Judge Pat O’Shane believes that
[Volume 4, Issue 3, page 1], and Winter      our culturally and linguistically           there is no choice but to draw on per-
2001 [Volume 4, Issue 4, page 8] issues      diverse country. There is no question       sonal bias and beliefs in the law (“it
of the Interpreters' Voice, the newsletter   that the right to an interpreter is an      is impossible not to”5), and respected
of ATA's Interpreters Division.)             essential part of Australian society.       legal theorist Kelsen calls it “unreg-
                                             Furthermore, interpreters do not            istered bias.”6 However referred to,
       ustralian judges are presently in     simply represent and exist to serve one     personal bias clearly influences the

A      a position to decide who is
       capable of speaking English suf-
ficiently, thus enabling or disquali-
                                             section of the community, but assist in
                                             bringing everyone together in our
                                             much-celebrated multicultural society.
                                                                                         ability of a judge to accurately deter-
                                                                                         mine whether a person’s language
                                                                                         capabilities merit the use of an inter-
fying a person from access to an                Under Commonwealth legislation,          preter, since most judges have never
interpreter during court proceedings. A      an interpreter will be provided,            experienced the situation they are
judge’s decision to allow an interpreter     “unless the witness can understand          required to preside over.
into the courtroom directly effects over                                                     Emotions are high in most legal-
10% of the 17 million-plus people                                                        action situations, and linguistic con-
presently residing in Australia.                   …The right to an                      fusion only adds to the stress of
    The capacity of judges (who are                                                      appearing in court. Lawyers and
extensively trained in legal matters,
                                                interpreter is a human                   other legal professionals often under-
but not usually in linguistic ones) to       rights issue that should be                 estimate the sophistication of court-
make informed decisions about lan-                  treated with the                     room dialogue, where legal jargon is
guage proficiency is highly question-                                                    still too complex for the average edu-
able, and exposes a serious weakness             professionalism and                     cated, English-speaking Australian,
in the Australian legal system. Lack         seriousness it deserves…                    let alone for those who are not of
of recognition of this problem under-                                                    English-speaking backgrounds. Even
mines international convention and                                                       the more capable and proficient indi-
obstructs the course of natural jus-         and speak the English language suffi-       viduals are at an incredible disadvan-
tice. The right to an interpreter is a       ciently to enable the witness to under-     tage within the legal context. The
human rights issue that should be            stand, and to make an adequate reply        legal environment becomes hostile
treated with the professionalism and         to questions that may be put forward        territory unless provisions are made
seriousness it deserves. Qualified           about that fact [emphasis added].”3         for interpreters. The manner in which
professionals should be responsible          Although this appears impressive, the       these judges come to an “informed
for determining the necessity for an         practical effectiveness of the conven-      decision” in such situations is there-
interpreter in order to allow natural        tion is less so, as deciding upon           fore highly questionable. There is
justice to occur in the fairest circum-      whether a person’s language abilities       little legislative guidance about the
stances possible, and according to the       are insufficient enough to warrant the      criteria to be used in this situation.7
constitution of any democratic state.        use of an interpreter is ultimately sub-        The courts and government alike
    Language is the key to employment        ject to the personal interpretation of      have been seemingly reluctant to
and equal access to health, education,       the judiciary.4 Having culturally naive     develop specific criteria by which to
and welfare services. Everything from        judges represent the majority can           grade a person’s speaking and com-
applying for unemployment benefits           undoubtedly lead to great injustices        prehension ability, preferring instead
or a home loan, to buying a car or           within the courtroom. The majority          to employ a “general test.” Instead, a
applying for a visa, is almost impos-        of Australian judges are monolingual        common assessment of language
sible without the work of competent          and monocultural. There are very few        ability involves simple, short-answer,
interpreters. Participation in the polit-    non-white, non-Anglo-Saxon, non-            conversational questions, for example,
ical and civic life of a community also      Protestant (non-WASP) judges cur-           about one’s occupation and length of
depends on language.1 With nearly            rently presiding in Australia. Naturally,   stay in Australia.8 This makeshift
100 different community languages            their experience influences the way         attempt to determine fluency is ➡

The ATA Chronicle | April 2002                                                                                               17
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