COURT LANGUAGE ACCESS SERVICES

18 MONTH REPORT JANUARY 2019-JUNE 2020 INSIDE THE REPORT

Letter From the Program Manager…………………...... ……. 3 Strategic Planning…………………………………………….....4 Policy News Roundup…………………………………………..5 Increasing Access to Justice Through Language Access………6-7 2019 Interpreter Statistics……………………………………...8 LIBRA: A New Way to Schedule……………………………….9 Simultaneous Interpreting Through WebEx...…………………10 COVID Statistics………………………………………...... 11-12 Heard at the Virtual Watercooler……………………...... 13-14 Appreciation………………………………………….....…15-16

2019 Pacific Northwest Court Interpreter Conference Participants had the opportunity to earn 12 CEs 2 LETTER FROM THE PROGRAM MANAGER

Not surprisingly, Court Language Access Services (CLAS) at the Oregon Judicial Department (OJD) experienced some major changes in the past eighteen months. CLAS juggled interpreter scheduling systems and strategic planning initiatives and responded to restrictions on court operations due to COVID19 to the best of our ability. We are now pleased to take a moment to share a snapshot of our work in a belated “annual” report, covering January 2019 through June 2020. We began 2019 in intense project management efforts with the OJD Enterprise Technology Services Division (ETSD) to move the annual processing of 38,066 requests for interpreting services (2019) in 36 counties out of an old calendaring system into a new system. With one caveat … we had to build the software. The system, LIBRA , freed us from the dreaded manual “bean counts” to produce annual data that we could only dream about previously, and assisted our small, but mighty scheduling staff fill requests at an incredibly high rate, 99.57%. Over eighteen months, we also said good-bye to colleagues and welcomed five new staff, continued providing education and training about language access , updated policies , fulfilled the OJD Language Access Plan, recruited interpreters and certified eleven new interpreters. Of course, COVID19 turned everything upside down, but we were and are nimble! CLAS gathered data on services to make decisions for revised priorities. We trained 144 interpreters on how to provide simultaneous interpreting service via video and began sharing our lessons learned with other state courts. We translated court orders, notices and guidelines for victims and witnesses appearing remotely to court. We uploaded every judicial districts’ 2018-19 data on the CLAS website. We extended timelines for interpreters to earn credits or test for certification. Social distancing, remote interpreting, furloughs, and flex schedules to care for others meant our in-person conversations moved to the “virtual water cooler ” and we worked to engage and update interpreters with frequent updates. It has been exhilarating and exhausting, and we have so many people to thank for collaborating with us! We hope 2020-21 will see a little less excitement! I hope you enjoy our report!

3 Kelly L. Mills STRATEGIC PLANNING The OJD Strategic Campaign 2020-2021 includes multiple commitments to improve access to justice. Initiative 2.3 aims to improve the recruitment of interpreters across the state and increase language resources. Activities are under the advisement of the Honorable Mari Trevino, TillamookSTRATEGIC Circuit Court; the Honorable PLANNING Shelley Russell, Multnomah Circuit Court; Richard Moellmer, Washington County Circuit Court Administrator; the OJD Human Resources Division and OJD Court Language Access Services. During the first quarter of the plan, OJD began an intense interpreter candidate engagement program by reaching out to more than 1,300 prospective interpreters and select OJD bilingual employees. It quickly became clear that the use of technology would be key to new recruitment efforts. The creation of a special LinkedIn Group designed for individuals participating in the interpreter certification process in Oregon was the first effort to reduce barriers for candidates. Recruits also began receiving additional support in the form of monthly in-person and online resources and monthly email newsletters and podcasts with messages of support from judges, interpreters and mentors. Online and virtual resources are available at no cost, including online exam prep modules and a small group of candidates were granted scholarships to attend a series of skill building workshops. Staff also provided support in forming study groups. Pre-COVID, the OJD offered four courtroom observation tours with staff interpreters in new locations. To reach more potential candidates, we met with bilingual high school student recruits from rural Marion and Lane Counties and in high-tech Washington County, we interacted with students of ASL studies at Portland Community College’s job fair and through Western Oregon University’s ASL research projects. OJD focused on recruiting up-and-coming medical interpreters to the legal field at in-person and virtual job fairs and at the annual meetings of the Oregon Healthcare Interpreters’ Association and the Oregon Society of Interpreters and Translators. The first OJD bilingual employee tuition remission scholarship was piloted with an employee from Lake County Circuit Court. Court Language Access Services also participates in strategic campaign initiatives related to Community Engagement (3.1), Data Driven Performance Measures (3.3), and Education and Training (4.1 ). 4 POLICY NEWS ROUNDUP

“After court interpreting, a court interpreter’s neutrality is the interpreter’s biggest value and contribution to the judicial system.” -A wise certified court interpreter The 10-Minute Rule In March 2019, CLAS issued recommendations to interpreters for managing requests by attorneys to interpret outside of court while contracted to perform services for the OJD. Informally referred to as the “10 Minute Rule,” it gives flexibility for brief courtesy interpreting to communicate incidental case information before, after or during breaks in proceedings, such as briefly sight translating a plea petition in the hall just before court. The guidance reminds neutral court interpreters to avoid potentially giving the appearance of bias or a conflict of interest in a case.

Uniform Trial Court Rules The Uniform Trial Court Rules (UTCR) are statewide rules that apply in each of Oregon’s 36 circuit courts. The UTCR Committee makes recommendations to the Chief Justice, who reaches a final decision on proposed changes.

UTCR 3.190 Civil Arrests - US Immigration and Customs Enforcement (ICE) Testimony regarding federal agent activity around circuit courthouses was collected from judicial stakeholders, including interpreters, leading to the adoption of UTCR 3.190 in November 2019. It articulates circumstances for civil arrests in a courthouse or public entryways, driveways, sidewalks, and parking areas intended to serve a courthouse.

UTCR 2.010 Standards for Pleadings and Documents Rule 2.010 prescribes the submission of any form, including exhibits, in a case. The UTCR committee considered a proposal to amend it related to the transcription and translation of non-English exhibits, including audio recordings, as it relates to a court interpreter’s limited scope of practice and neutrality during a proceeding. Interpreters weighed in, both for and against, and the rule was not amended. CLAS provides guidance to interpreters when asked to translate written evidence or to interpret recorded evidence on the spot. 5 INCREASING ACCESS TO JUSTICE THROUGH LANGUAGE ACCESS

A court language access program increases 2019 Court Visits access to courts, its services, and activities by eliminating language barriers and increasing education. This year, CLAS and its highly professional team of employees continued its work to fulfill the CLAS Mission Statement:

Court Language Access Services provides mandated linguistic access to the Oregon State Courts through trained ethical interpreters, education of the court and responsible resource management. Specifically, CLAS works to credential court interpreters, fulfill the OJD 5 Year Language Access Plan, schedule services for the courts (see Pg. 8 ), provide interpreters for the Deaf and hard of hearing communities, translate signs, forms and vital documents and provide development training for interpreters as well as training on language access for the judiciary, the Bar and court personnel.

In 2019-20, CLAS promoted access to justice through the implementation of OJD Language Access Plan strategies 1-4 and 7. CLAS established regular opportunities for discussions with community and judicial system stakeholders to identify technical assistance and promote resource sharing. In 2019, CLAS held meetings with staff at Multnomah Legal Aid, Guardian Partners and Legal Aid Services in Portland. The OJD also continued as a long-standing member of the Oregon Council on Health Care Interpreters, providing input on legislative initiatives and best practices for certifying interpreters.

CLAS assisted court personnel in fourteen counties and all OJD family law facilitators by demonstrating the use of tools to identify language needs and to facilitate communication, and the operation of technology at the public counter and in meetings with parties. 6 INCREASING ACCESS TO JUSTICE THROUGH LANGUAGE ACCESS

One hundred and forty-four OJD personnel in eight counties completed on-line language access training and gained awareness of the availability and scope of OJD language access services. Mediators in Deschutes and Washington County received education on how to work with interpreters for neutral negotiations and CLAS translated fifty- 2019 indigenous languages interpreter recruitment and training, including high seven letters received by circuit courts in school students. Speakers of Mam, Mixteco, foreign languages and sixteen statewide Akateko, Chuj, Qanjobal and Quiche OJD forms. attended. Education was an important part of fulfilling our mission statement. The OJD judiciary were invited to sessions on managing non-English written and audio evidence at the 2019 OJD Judicial Conference and new judges took a shot at interpreting to experience the complexity of court interpreting at the New Judges Seminar. CLAS collaborated in the summer of 2020 with the Oregon District Attorney’s Association to co-present a virtual session, How Interpretation Influences the Evidence. Interpreter training before and after certification includes skills building, ethics, language specific tune ups, with credits from the OJD and other providers. CLAS offered thirty-three hours of education in 2019-20 Oregon Society of Interpreters on topics ranging from “The Interpreter’s Voice, Tune and Translators OJD Recruiting Up Your Musical Instrument” to “Advanced Localization Techniques in Civil and Criminal Matters.” 7 2019 INTERPRETER STATISTICS 2019 Interpreter Requests By County 12,000 9,980 10,000 8,010 8,000

6,000 5,452

4,000 2,146 1,564 1,056 1,591 767 590 545 528 2,000 1,142 882 384 185 597 549 533 492 147 103 300 156 119 72 53 30 28 18 16 15 13 3

0

Linn

Polk

Lake

Lane

Coos

Curry

Baker

Union

Crook

Wasco

Marion

Benton Lincoln

Harney

Jackson

Clatsop

Yamhill

Morrow Douglas

Malheur

Klamath

Umatilla

Jefferson

Wallowa

Sherman

Josephine

Columbia

Tillamook

Deschutes

Clackamas

Hood River Hood

Multnomah Washington

▪ 38,066 requests, with a fill rate of 99.57% ▪ Requests for Spanish 11.5% ▪ Interpreter Requests in 2019 9.75% ▪ Requests for ASL 11.5% ▪ Requests for indigenous languages 34.78% ▪ Detailed reports for each county circuit court can be found on the CLAS website

2018 & 2019 Interpreter Requests By Languages

35,000 30,904 30,000 27,699 25,000 20,000 15,000 10,000 4,137 4,042 5,000 788 879 460 620 1,601 1,621 0 American Sign Indigenous Languages Other RIVETS (Russian and Spanish Language Than Spanish Vietnamese) 2018 2019 8 LIBRA: A NEW WAY TO SCHEDULE When the OJD Lotus Notes license was set to expire, CLAS began working with OJD’s Enterprise Technology Services Division (ETSD) to build and launch the Language-access Interpreting & Billing Requests App (LIBRA) software system. LIBRA is a four-stage project that aims to: STRATEGIC PLANNING  Establish statewide scheduling processes (Stage I),  Enhance data collection and reporting (Stage II),  Develop interpreter invoicing and auditing systems (Stage III), and  Connect LIBRA to Odyssey, the OJD’s court case management system (Stage IV). Stage I of LIBRA was launched in August 2019, leading to more uniformity in scheduling and coverage by staff. Most of the debugging has been completed and several features have been added, leading to Stage II, data reporting functions. Data capabilities were tested during the early months of COVID-19 when there was detailed weekly data that quantified caseload by circuit court location and case types, early court adopters of remote interpreting services, economic impacts on contractors, and an assessment of changing staff workloads for reassignment. CLAS analysts created a dashboard to run real-time reports for the OJD budget office preparing for a special Legislative Session. Now in the initial phase of Stage III, staff analysts are working closely with ETSD to implement a billing system that will reduce errors found in the auditing and payment process and speed contractor payments. The final phase, Stage IV, will be to establish a live connection with Odyssey, eliminating the daily manual process of copying and pasting case and interpreter request information into LIBRA. Having the ability to build and develop this system from the ground up, and then be able to schedule in it, has brought a lot of positive energy to CLAS. CLAS schedulers and ETSD software engineers were awarded the 2019 Outstanding Service Commitment and Achievement Awards (OSCAs) for Access to Justice.

State Court Administrator Nancy Cozine (far left) and Chief Justice Martha Walters (fourth from right) pose with OSCAs award recipients. 9 SIMULTANEOUS INTERPRETING THROUGH WEBEX

The operational restrictions laid out in Chief Justice Walters’ order CJO-20-016 made it clear that OJD’sSTRATEGIC interpreters would have to bePLANNING ready to interpret matters remotely through OJD’s WebEx video conferencing platform. Unlike the ZOOM platform, WebEx does not have a simultaneous interpreting feature. So, CLAS had to either advise the courts that all matters would have to be interpreted consecutively (effectively doubling or tripling their length) or develop and train interpreters in techniques and procedures that would support interpretation in the simultaneous mode. CLAS moved immediately to the latter option and initiated the Video Remote Interpreting (VRI) Interpreter Training Project to prepare a large fraction of CLAS’ core interpreters to interpret remote video hearings from their homes. The project had two goals: 1. Immediately create a cohort of interpreters who are ready to interpret WebEx based court hearings for OJD. 2. Develop self-study modules and support resources that can rapidly prepare an experienced court interpreter to interpret a WebEx based court hearing using a simultaneous dual-channel architecture. The project succeeded on both counts:  On May 13th (8 weeks after the Chief’s initial order), CLAS piloted a live remote 1-hour VRI training for an invited group of CLAS interpreters (6 Spanish, 3 Vietnamese, 2 Mandarin, 2 Russian). On May 21st CLAS presented a full VRI webinar with continuing education credits. It was attended by 131 interpreters representing 58 languages.  CLAS’ website has a VRI Resources webpage with written instructions, video tutorials and a CLAS Interpreter Analyst, Ed Alletto, video demonstration of a mock hearing participating in a mock trial Remotely via WebEx interpreted both simultaneously and consecutively. All the VRI training developed by CLAS is publicly available and has been accessed by other state court systems.

10 COVID STATISTICS

COVID brought many challenges to CLAS:  Work From Home- Providing excellent service,  Technology – Finding ways to provide quality interpreting remotely, and  Resources – Providing training and resources to courts and interpreters. To help CLAS understand the needs of the courts and interpreters, data was needed. A CLAS data team was formed that was able to pull data from LIBRA and create the following charts:  Requests by Region  Telephonic & Video Requests  Total Requests & % Change

Requests by Region March – June 2020

11 COVID STATISTICS

12 HEARD AT THE VIRTUAL WATERCOOLER

“The biggest changes LIBRA has created for me has definitely been the time it takes to schedule an interpreter and finding an interpreter that is available. I no longer have to go into each individual calendar to see which interpreters have been already booked, since LIBRA gives us a pop box when we choose an interpreter that has been hired elsewhere. This is a really great tool for us.” –Monica Juarez-Mercado, CLAS Scheduler

“Thank you so much for welcoming into your program. Like I said, it is refreshing to see how things are done in Oregon. I'm excited to begin my journey in the Oregon interpreting trail! I will definitively stay in touch and use the resources you have provided.” -Cristobal Gonzales, prospective court interpreter

“I just had a chance to do my first dual architecture [WebEx simultaneous interpreting] assignment! Finally! I even saved the day because LEP mom was having trouble signing into the conference call and I offered the judge to call her myself on my Spanish line. It was SO PERFECT to do telephonic this way! I have a headset with a mute button and it was so easy to go from one line to the other. From an interpreter who has been “suffering” consecutive telephonic assignments you have my full support and enthusiasm to help promote this.” -Chantal Portillo, Certified Spanish Interpreter, OJD Staff Interpreter

“Thank you so much for all of the support you offer us fledgling court interpreters! I appreciate your wonderful communication, your availability to answer stupid questions, and to do it so graciously.” -Mary Soots, prospective court interpreter 13 HEARD AT THE VIRTUAL WATER COOLER

“I find OJD Remote interpreting materials to be probably the best in the country. The clarity, the consistency, the videos, and even the instructions for practice! All these details, that are crucial for a smooth remote interpreting, like having a splitter to power your phone while you use it or dialing *67 when calling LEPs! And the dual architecture is not a simple thing – but when you master it – you can really deliver simultaneous interpreting. My Kudos to the team. I’m forwarding these resources to all interpreters working in Seattle Municipal Court. Remote interpreting wouldn’t end with the end of pandemic and good practices will be adopted making this mode a lot more acceptable by the courts.” – Emma Garkavi, Interpreter Services Strategic Advisor II, Seattle Municipal Court

“My day involves a lot more planning and communicating than it used to. As a staff interpreter who is essential personnel I find myself coordinating with CLAS and court staff for hearings and logistics much more intensely than in pre-Covid-19 times.” - Enrique Andrade, Oregon Certified Spanish Court Interpreter, Staff Interpreter

“I like to think that I am an individual who enjoys learning anything new, so in that sense I have loved to learn the new technology platforms to interpret via video, or with phones, using a second line to provide simultaneous interpreting.” – Karla Young, Oregon Certified Spanish Court Interpreter

14 APPRECIATION

 All the dedicated and professional court interpreters who provide services to OJD  Martha L. Walters, Oregon Supreme Court Chief Justice  Nancy Cozine, Oregon State Court Administrator  Justice Adrienne Nelson, Oregon Supreme Court and Chair, Oregon Supreme Court Council on Inclusion and Fairness (OSSCIF)  Elena Bogdanovich-Werner, Oregon Certified Russian Interpreter  Karen Borgenheimer, Professor, Department of Modern Languages at Florida International University  Cathryn Bowie, State Law Librarian & OSSCIF Community Engagement Subcommittee  Melanie Deleon, Coordinator of Interpreting and Transcribing Services, Portland Community College  Clif Cannon, Executive Coach, Advancing Leaders and Change  Valerie Colas, OJD Access to Justice Counsel  Oksana Dobbins, Oregon Certified Russian Court Interpreter  Gillian Fischer, Legal Counsel, Oregon Senate and House Judiciary Committee  The Honorable Courtland Geyer, Marion County Circuit Court  The Honorable Thomas Hart, Marion County Circuit Court  Helen Hierschbiel, Executive Director, Oregon State Bar  Dion Kerlee, Analyst, DAS State Procurement  Jess Kincaid, Oregon Certified Spanish Court Interpreter  Aimee Kintzley, Court Supervisor, Lake County Circuit Court  Keith Koerner, Web Services Team Lead, OJD ETSD  Raj Marquez, Web/SharePoint Support, OJD ETSD  Athena Matilsky, Federally Certified Spanish Interpreter  Angel McCracken, Member Services Records Specialist, Oregon State Bar  Leola McKenzie, OJD Director Juvenile and Family Court Programs, OSCCIF Community Engagement Subcommittee  Justice Lynn Nakamoto, Oregon Supreme Court, OSCCIF Community Engagement Subcommittee  Maria Nazario, OJD Lake County Circuit Court Staff  David Neathery, Oregon and Washington Certified Vietnamese Court Interpreter  Oscar Nunez, Oregon Certified Spanish Court Interpreter  The Honorable Melvin Oden-Orr, Multnomah County Circuit Court, OSCCIF Community Engagement Subcommittee  The Honorable Darleen Ortega, Oregon Court of Appeals  Edgar Jeronimo Pablo, Mam Court Interpreter 15 APPRECIATION

 Keith Palevsky, Chief Financial Officer, Oregon State Bar  Erin Pettigrew, OJD Strategic Planning and Legislative Affairs Counsel, OSCCIF Community Engagement Subcommittee  The Honorable Michele Rini, Washington County Circuit Court  Holly Rudolph, OJD Forms Manager  The Honorable Shelley Russell, Multnomah County Circuit Court  Julie Samples, Oregon Law Center  Dr. Amanda Smith, Professor, WOU Deaf Studies and Professional Studies  Sarah Svinth, Oregon Certified Mandarin, Registered Cantonese Court Interpreter  Trina Swaja, Trial Court Administrator Josephine County Circuit Court, OSCCIF Community Engagement Subcommittee  The Honorable Eva Temple, Umatilla County Circuit Court, OSCCIF Community Engagement Subcommittee  The Honorable Mari Trevino, Presiding Judge, Tillamook County Circuit Court  Kelly Varguez, Federal Court Certified Spanish interpreter  Angelica Vega, Regional Director of the Salem Regional Office of Legal Aid Services of Oregon, OSCCIF Community Engagement Subcommittee  The Honorable Debra Velure, Lane County Circuit Court, OSCCIF Community Engagement Subcommittee  Nestor Wagner, California Certified Court Interpreter, Director of Southern California School of Interpretation  The Honorable Nan Waller, Multnomah County Circuit Court, OSCCIF Community Engagement Subcommittee  The Honorable Katherine Weber, Clackamas County Circuit Court  Rachel Woods, Analyst, OJD Office of General Counsel  OJD Court Language Access Services Staff: Ed Alletto, Enrique Andrade, Cassie Bernier, Karen Card, Michaelle Gearheart, Megan Gotchall, Nikki Hahn, Richard Hall, Monica Juarez-Mercado, Kim Knox, Monica Mehlhoff, Kelly Mills, Christine Morgan, Heidi O’Shaugnessy, Josh Phillips, Bianca Pineda, Chantal Portillo, Yvette Tamamoto, José Torres and Tanya Ulloa

For Interpreting Services Call or Visit: 503-986-4545 Request an Interpreter Court Language Access Services http://www.courts.oregon.gov

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