BEI Ethical & Professional Conduct 2 — Questions and Answers
Question 1: An interpreter notices that the attorney is asking leading questions that are confusing the witness. What should the interpreter do?
- Rephrase the question to make it clearer
- Interpret the question exactly as asked, preserving its nature (Correct answer)
- Alert the judge that the question is misleading
- Ask the attorney to rephrase the question
Correct answer: Interpret the question exactly as asked, preserving its nature
Interpreters must render all speech faithfully without altering, omitting, or clarifying content, even if questions seem confusing or leading.
Question 2: A court interpreter is approached outside the courtroom by a juror asking what a Spanish term used during testimony meant. The interpreter should:
- Briefly explain the term since the juror needs accurate information
- Refer the juror to the judge for any clarification
- Refuse to communicate and report the contact to the judge (Correct answer)
- Provide a written note with the translation
Correct answer: Refuse to communicate and report the contact to the judge
Interpreters must avoid all ex parte communications with jurors and report any such contact to the court immediately.
Question 3: During a deposition, the interpreter realizes they misinterpreted a key term three exchanges ago. What is the correct course of action?
- Say nothing and correct the approach going forward
- Wait until the deposition ends, then notify counsel
- Immediately alert all parties and provide the correct interpretation (Correct answer)
- Include a correction note in the written transcript
Correct answer: Immediately alert all parties and provide the correct interpretation
Interpreters must immediately correct any errors they discover during a proceeding to preserve the accuracy of the record.
Question 4: An interpreter working in a small community is asked to interpret for someone who is a close friend of a family member. The interpreter should:
- Proceed since the relationship is indirect
- Disclose the relationship and allow the court to decide whether to assign a different interpreter (Correct answer)
- Interpret but maintain strict confidentiality
- Ask the friend to waive any conflict of interest in writing
Correct answer: Disclose the relationship and allow the court to decide whether to assign a different interpreter
Interpreters must disclose any potential conflicts of interest, including indirect relationships, and let the presiding authority decide on reassignment.
Question 5: Which behavior best demonstrates the BEI principle of interpreter impartiality?
- Advocating for a non-English-speaking defendant who appears to be disadvantaged
- Interpreting all parties' speech with equal fidelity regardless of personal views (Correct answer)
- Volunteering opinions when asked by the judge
- Assisting defense counsel in understanding cultural nuances
Correct answer: Interpreting all parties' speech with equal fidelity regardless of personal views
Impartiality requires interpreting all parties' statements with the same accuracy and without favoring any side.
Question 6: A certified interpreter is asked to interpret a proceeding in a dialect they are unfamiliar with. They should:
- Attempt the interpretation and note any difficulty in the record
- Accept the assignment and ask for clarification as needed during proceedings
- Decline the assignment and inform the court of their limitation (Correct answer)
- Accept only if no other interpreter is available
Correct answer: Decline the assignment and inform the court of their limitation
Interpreters must only accept assignments within their competence, including dialect proficiency, and decline those outside their abilities.
Question 7: An interpreter is subpoenaed to testify about a conversation they interpreted in a prior case. What ethical obligation applies?
- Refuse to testify based on interpreter-client privilege
- Comply with the legal subpoena and testify truthfully (Correct answer)
- Testify only about interpretation process, not content
- Request the original client's permission before testifying
Correct answer: Comply with the legal subpoena and testify truthfully
Unlike attorney-client privilege, interpreter confidentiality yields to lawful subpoenas, and interpreters must comply and testify truthfully.
BEI Ethical & Professional Conduct 2
An interpreter notices that the attorney is asking leading questions that are confusing the witness.
What should the interpreter do?