The court interpreter: a cornerstone of fair trials

The court interpreter plays an indispensable role in the proper functioning of the justice system. Their role goes far beyond translating words, they make sure everyone truly understands each other and that fundamental rights are respected. In a trial, even a small mistake in interpretation can change the meaning of a testimony, create confusion between the judge and the defendant, and even affect the final verdict. That’s why their work has to be precise, impartial, and highly professional.

The duties of a court interpreter

The court interpreter is involved in all stages of the proceedings, from preliminary investigations to hearings and interactions with prison or probation services. Their role is not simply to translate what is said: they must convey the exact meaning, tone, and intentions of the speaker, avoiding any distortion.

Court interpreting services generally rely on three main modes of interpretation:

• Simultaneous interpreting: this involves translating what is said in real time. It is the most demanding form of interpreting, as it leaves no time for reflection. Interpreters must have an exceptional working memory, be highly responsive, and have a command of a wide range of registers, from the colloquial language of a witness to the most technical legal terminology.
• Consecutive interpretation: this relies on note-taking and short-term memory. The interpreter speaks after the speaker has finished, often during testimony. This method allows for greater structure in the speech but requires great rigor and the ability to accurately reproduce segments that are sometimes long.
• Summary interpretation: more common in civil cases, this involves providing a condensed version of a message. Although less demanding in terms of word-for-word accuracy, it nevertheless requires the essential meaning of the speech to be preserved.

At the same time, court interpreters may be required to provide sight translations of written documents presented during the hearing. This specific skill requires simultaneous mastery of speed reading and oral reformulation.

The essential skills of a court interpreter

A court interpreter cannot limit themselves to simple bilingualism. Their role requires extensive linguistic, cultural, technical, and personal skills:

• Linguistic proficiency: perfect knowledge of the source and target languages, including dialects, accents, and social registers.
• Legal knowledge: understanding of legal procedures, terminology, and concepts, which often do not exist or differ from one culture to another.
• Cognitive skills: short-term memory (to retain what has been heard), long-term memory (to integrate knowledge and vocabulary), attention span, and concentration.
• Personal qualities: resistance to stress, neutrality, impartiality, ability to work under pressure and in emotionally charged contexts.

A court interpreter must also know how to adopt specific professional techniques, such as the use of the first person or the faithful reproduction of intonations and tone of voice.

Common mistakes to avoid

Despite their expertise, court interpreters face significant challenges: fast speech, unfamiliar accents, information overload (names, numbers, dates), and complex legal arguments. This can lead to several types of errors:

1. Perception errors: confusion due to a strong accent, overly fast speech, or information overload.
2. Comprehension errors: incorrect interpretation of a grammatical structure, unfamiliarity with certain specialized terms, insufficient preparation.
3. Expression errors: loss of important elements, approximate wording, poor adaptation of the register in the target language.
4. Behavioral errors: nervousness, tendency to simplify or explain instead of translating, personal interventions, or even advice given to the defendant.

In court interpretation jobs, some errors, even minor ones, can have serious consequences: misunderstanding between the judge and the defendant, questioning of testimony, or even invalidation of the proceedings.

Ethical and professional issues

The role of a court interpreter is not limited to providing language services: it involves the legitimacy of the trial and the fairness of justice. Neutrality is a fundamental principle. Interpreters must never alter the message, omit or add anything, even under the pretext of making the speech clearer.

In practice, some interpreters, in an effort to help, may simplify what is said or add explanations. These initiatives, although seemingly well-intentioned, can compromise the fairness of the trial. Professional ethics therefore require absolute fidelity to the original speech, while respecting the confidentiality of exchanges.

Institutional recognition and the establishment of certification mechanisms appear to be a crucial step in professionalizing the role. Continuing education improves the quality of services, prevents errors, and strengthens the courts’ confidence in interpreters. Interpreting agencies are accustomed to selecting and recruiting the best court interpreters.

Current working conditions and challenges

The profession of court interpreter still suffers from a lack of recognition in some cases. In certain contexts, it is considered a secondary administrative task, when in fact it is a highly specialized skill. This perception often results in remuneration that is lower than the workload and responsibilities involved, precarious employment conditions (one-off assignments, temporary status), a lack of systematic quality control, and finally, sometimes risky assignments, with interpreters being asked to work in languages they do not fully master.

Added to this is the difficulty for judges or lawyers to assess an interpreter’s actual competence. The apparent understanding of a defendant or witness may mask partial or biased interpretation.

These challenges highlight the need for greater professionalization of the profession through specialized training, certification, and the establishment of quality standards.