It is enormous given that effective communication is such a critical part of a judicial proceeding. For immigrants trying to navigate the state’s civil courts, a lack of proficiency in English can jeopardize their jobs, homes and civil rights. Thus, in the civil arena, it may be incumbent upon you to pay for a court certified language interpreter to accompany you to court. In my years of practicing in the criminal arena, I know many interpreters who will contract out their services for depositions and court appearances. As such, proper presentation of your legal position is of utmost importance and your ability to project this to the judge will help your case.
What is poignant with the Filipino community is that most if not all, have a minimal understanding of English. However, if one is before the court amidst the chaos and legal jargon being used by the attorneys, judges and the court staff, it is understandable that one feels more comfortable using the assistance of a Tagalog (or a dialect) court certified interpreter.
Presently, I have a criminal case which I am seeking to have my client’s guilty plea overturned. Her defense attorney did not do his due diligence and failed to request a Tagalog court certified interpreter in order for her to be fully aware of the consequences of her guilty plea. She speaks and understands English but she would have felt more comfortable in asking questions, responding to the judge’s questions and recognizing the impact of a criminal conviction to her employment and deportability. But without the proper aid of an interpreter, she is now facing imminent deportation to the Philippines.
Therefore, it is critical to be aware that if you are facing a criminal charge, you have a right to a court certified interpreter in the language you feel most comfortable in both reading and speaking. This fundamental right in the criminal arena should be used especially since it is no costs to you. Some judges and even defense attorneys will pressure you to waive this right in order to facilitate the calendar or prevent a continuance until an interpreter is ordered. As I have indicated in my prior articles, knowing your rights is one thing but using them is another. Again, this is free, use it.