Courts find need for non-English language interpreters

Judge Gary Kamp reads a 32-year-old man his charges during a scheduled Division III preliminary court hearing.

The first charge is driving while intoxicated. Other charges include operating a vehicle without a drivers license and in a careless or reckless manner.

Kamp asks the man if he understands what he is being charged with.

This is where Margarita Merget steps in and interprets the man's charges in Spanish. The man being read his charges doesn't speak English.

Under a Missouri statute, courts are required to appoint a qualified foreign language interpreter in all legal proceedings in which a non-English speaking person is a party or a witness.

Merget, who was previously a lawyer in Spain, recently moved to Cape Girardeau in January. She is going through the process to become a certified court interpreter.

Although courts are encouraged to have a certified court interpreter, its not required, said Phyllis Launius, Access to Justice program Coordinator.

Launius works in the Missouri Office of State Courts Administrator and said her office certifies individuals as court interpreters.

"We've been offering the certification since June 2000," Launius said. "As our limited English-proficient population changes statewide, the courts' need for qualified interpreters grows."

Census data shows that Missouri's Hispanic population increased 93 percent between 1990 and 2000.

To date, Launius said there are 17 active certified interpreters for the Spanish language in Missouri. None are located in Southeast Missouri.

Certification process

The interpreter certification is a three-phase process, which includes an orientation, written and oral test. Those seeking certification must pass the written test with at least an 80 percent and each portion of the oral test with a 70 percent or greater. Merget will take the written test in November and if she passes, the oral examination will follow.

Missouri court interpreters are paid $60 per hour from the state; having a certified interpreter in Cape Girardeau, saves the state money.

Kamp said that when interpreters were needed in the past, they were required to be paid a minimum four hours plus mileage. Most of the certified interpreters are located in the St. Louis area.

Cape Girardeau County's Presiding Commissioner Gerald Jones said having a readily available certified court interpreter saves the county money as well.

"It costs the county $35 per day to house a person waiting in county jail for a preliminary hearing," Jones said. "We had three people, who couldn't speak English, sitting in jail and Judge Kamp wanted to postpone their hearings till we could find someone to interpret."

Jones said that Kamp gave Merget a temporary blessing to work as an interpreter.

"If we would have kept those three in jail for another two weeks, that would have been close to $1,500 it would have cost the county," Jones said. "It saves the county a lot of money if we can speed up the process in these cases."

Merget said she's only been needed as an interpreter in several cases a month since February.

The main court cases her interpretation services have been needed dealt with traffic violations, driving while intoxicated and assault cases.

After she becomes certified, Merget hopes to work as a court interpreter throughout Southeast Missouri.

"You have to detach yourself from the case," Merget said. "The defendants will ask me questions not relating to the case and I'm not allowed to answer them."

There is a separate certification for interpreters who work in federal court cases.

jfreeze@semissourian.com