CASLI Legal Interpreting 2 — Questions and Answers
Question 1: During a deposition, a Deaf witness asks the interpreter to clarify a legal term the attorney just used. What is the most appropriate response?
- Explain the term in plain language to help the witness
- Ask the attorney to rephrase or clarify the term for the record (Correct answer)
- Sign the term as closely as possible and continue
- Pause the deposition and consult a legal dictionary
Correct answer: Ask the attorney to rephrase or clarify the term for the record
Interpreters should not clarify legal terms independently; asking the attorney to rephrase keeps the communication on the record and within appropriate roles.
Question 2: Which constitutional amendment is most directly implicated when a Deaf defendant is denied a qualified interpreter in a criminal proceeding?
- First Amendment
- Fifth Amendment
- Sixth Amendment (Correct answer)
- Eighth Amendment
Correct answer: Sixth Amendment
The Sixth Amendment guarantees the right to confront witnesses and receive effective assistance, which courts have extended to include qualified interpreter access.
Question 3: A legal interpreter notices that an attorney's question contains a double negative that would confuse the meaning when rendered in ASL. The interpreter should:
- Interpret the grammatical meaning as understood, preserving the ambiguity (Correct answer)
- Interrupt and ask the attorney to rephrase the question
- Rewrite the question into clear ASL with corrected grammar
- Ask the judge for a recess to consult with the attorney
Correct answer: Interpret the grammatical meaning as understood, preserving the ambiguity
Interpreters render the message as delivered, including ambiguities; restructuring or correcting the source message is a role violation.
Question 4: Under ADA Title II, courts must provide interpreters for Deaf individuals in legal proceedings. Who bears the cost of this service?
- The Deaf individual requesting the interpreter
- The attorney representing the Deaf individual
- The court or government entity (Correct answer)
- The state vocational rehabilitation agency
Correct answer: The court or government entity
Title II of the ADA requires public entities, including courts, to bear the cost of effective communication aids and services.
Question 5: A sign language interpreter working in a grand jury proceeding is bound by grand jury secrecy rules. This obligation is derived from:
- The NAD-RID Code of Professional Conduct only
- Federal Rule of Criminal Procedure 6(e) (Correct answer)
- The Fifth Amendment right against self-incrimination
- The attorney-client privilege
Correct answer: Federal Rule of Criminal Procedure 6(e)
Federal Rule of Criminal Procedure 6(e) governs grand jury secrecy and applies to all persons present, including interpreters.
Question 6: When interpreting a Miranda warning for a Deaf suspect, the interpreter's primary obligation is to:
- Ensure the suspect confirms understanding before signing continues
- Render the warning accurately and completely in ASL (Correct answer)
- Use simplified signs to guarantee comprehension
- Ask law enforcement to provide a written copy as backup
Correct answer: Render the warning accurately and completely in ASL
The interpreter's role is accurate and complete rendition; verifying comprehension is the responsibility of law enforcement, not the interpreter.
Question 7: A Deaf attorney who uses ASL requests an interpreter for their own court appearances as counsel. Under the ADA, this accommodation must be provided by:
- The attorney's law firm as the employer (Correct answer)
- The court as a public entity under Title II
- The client the attorney is representing
- The state bar association
Correct answer: The attorney's law firm as the employer
When a Deaf attorney needs an interpreter for their employment duties, Title I of the ADA applies and the employer—the law firm—is responsible.
CASLI Legal Interpreting 2
During a deposition, a Deaf witness asks the interpreter to clarify a legal term the attorney just used.
What is the most appropriate response?