Md. R. CCCI , Canon 8
Interpreters shall assess at all times their ability to deliver their services. When interpreters have any reservation about their ability to satisfy an assignment competently, they shall immediately convey that reservation to the appropriate judicial authority.
Md. R. CCCI , Canon 8
Commentary
Interpreters should notify the appropriate judicial authority whenever the communication mode or language of the persons with limited English proficiency cannot be interpreted readily.
Interpreters should notify the appropriate judicial authority about any environmental or physical limitation that impedes or hinders their ability to deliver interpreting services adequately (e.g., the courtroom is not quiet enough for the interpreter to hear or be heard, more than one person at a time is speaking, or principals or witnesses are speaking too rapidly for the interpreter to interpret adequately). Sign language interpreters must ensure that, prior to commencement of the proceeding, they are positioned visually in the most appropriate position for the deaf or hard of hearing person to convey and receive the communication. The proceeding should not begin, even by permitting the attorneys to identify themselves for the record, until the sign language interpreter is positioned properly. Immediately after the attorneys have identified themselves, the interpreter oath should be administered, regardless of the type of proceeding.
Interpreters should notify the presiding officer of the need to take periodic breaks to maintain mental and physical alertness and to prevent interpreter fatigue. Interpreters should recommend and encourage the use of a relay interpreter and/or interpreter teams as necessary.
Interpreters are required to inquire as to the nature of a case before accepting an assignment. This enables interpreters to match their professional qualifications, skills, and experience more closely to potential assignments, to assess more accurately their ability to satisfy those assignments competently, and to identify any personal bias arising from the nature of the case.
Even competent and experienced interpreters may encounter situations in which routine proceedings involve unanticipated technical or specialized terminology unfamiliar to the interpreter (e.g., the unscheduled testimony of an expert witness). When such instances occur, interpreters should request a recess for a sufficient amount of time to familiarize themselves with the terminology. If familiarity with the terminology requires extensive time or more intensive research, interpreters should inform the presiding officer.
Interpreters should refrain from accepting a case whenever they feel the language or subject matter of that case is likely to exceed their skills or capacities. Interpreters should feel no compunction about notifying the presiding officer if they feel unable to perform competently, due to lack of familiarity with terminology, lack of preparation, or difficulty in understanding a witness or defendant.