Ethics code for translators, interpreters adopted

The Attorney General’s Office and the Department of Labor have adopted regulations establishing a code of ethics for translators and interpreters appearing in labor, immigration, and refugee protection proceedings.

The new regulations allow the Labor Department and the AGO to require a translator or interpreter to certify that he or she has read and agrees to the canons.

The rules also authorize a government agency to decline the services of a translator or interpreter who violates the standards of conduct set by the canons.

The code of ethics address issues concerning conflict of interest, confidentiality, and competency issues.

The canons require interpreters to interpret without altering, omitting, or adding anything to what is said or written; completely represent their qualifications; be impartial and unbiased; and disclose any potential conflict of interest.

The ethics code also require them to protect the confidentiality of all privileged information, and prohibit them from giving legal advice, expressing personal opinions to their clients, or providing any service other than interpreting or translating while serving as an interpreter.

Kevin Lynch, assistant attorney general for the Labor Department, had said that the proposed regulations sought to ensure quality and consistency in the translation in labor and other proceedings.

According to Lynch, Labor and the AGO have had problems with translators who have inadequate language skills. There have also been translators who interfere in the cases, if not encourage the filing of certain kinds of complaints.

“These regulations clarify that the translator’s job is to translate for a person; it’s not to give them suggestion and not to write something in their words and ask someone else to sign it,” Lynch said. “Their job is really to do translation and nothing else. They are not to give legal advice. They should remain impartial all the way through the proceedings.”

The proposed regulations were patterned after a code of ethics established by the National Center for State Courts. Similar regulations have also been previously adopted many years ago by the Superior Court.

The Department of Labor currently has one full-time Chinese translator. Workers may also get assistance from translators employed by the Federal Ombudsman’s Office.