A person who doesn't speak English receives a summons to appear in a North Carolina court. They take the day off work, lose those hours of pay, and attend the hearing. But if an interpreter isn't available, the case doesn't proceed: they're given another date and have to repeat the entire process.
For Rudy Calderón, a certified court interpreter with a master's degree who lives in Durham, that is precisely the part of the conflict that worries him the most as state-contracted interpreters maintain a rolling strike to demand better rates.
“Every time a Hispanic person, or anyone who doesn’t speak English fluently, has a court appearance and it can’t proceed because there’s no interpreter, they’re told, ‘We’ll give you another date.’ To me, that’s the injustice,” Calderón told Enlace Latino NC .
The interpreter pointed out that the delays can unnecessarily prolong some cases. “It’s not uncommon in this state for someone to have to appear three times in a row without being able to plead guilty, receive their fine, or have the case closed,” he stated.
Enlace Latino NC previously reported The North Carolina Interpreters' Defense Committee (NCIAC) announced a series of rolling walkouts after its request for a rate increase was not included in the state budget signed by Governor Josh Stein.
To better understand the background of the conflict and its real impact, Enlace Latino NC He spoke with Rudy Calderón and Sarah T. Arredondo, both Master certified court interpreters.
From $40 an hour in 2007 to $45 today
Arredondo explained that North Carolina certified its first group of court interpreters around 2000, when the state certification and professionalization program began.
In 2007, the pay for certified interpreters was set at $40 per hour. Years later, between 2011 and 2012, the U.S. Department of Justice opened an investigation into the North Carolina court system after receiving complaints that people with limited English proficiency were not receiving adequate interpretation services.
That research, Arredondo said, led to an expansion of the types of legal proceedings in which interpretation could be offered at no cost to the person.
Around 2013, the State divided the certification into two levels — regular and “Master”, for those who score more than 80% on the oral exams — and set the pay for these interpreters at $50 per hour.
From then on, according to Arredondo, the pay remained virtually unchanged until 2022, when the interpreters launched an email campaign demanding that the North Carolina Courts Administrative Office (NCAOC) increase their pay.
“After a month or two of dialogue and protests, they raised our pay by $5 per hour,” Arredondo said.
Currently, interpreters with regular certification earn $45 per hour and those with Master certification, $55.
“We are earning less now than before”
For Calderón, the 2022 increase came too late to compensate for years of frozen rates while the cost of living rose.
“What we are paid has not kept pace with the inflation index“In other words, we are earning less now than we were earning before,” he said.
Calderón also pointed out that, as contractors and not state employees, the interpreters do not receive benefits such as medical insurance, pension, paid vacations or sick days, expenses that would normally be covered by an employer and that they must assume on their own.
“We don’t have insurance, a pension, paid vacation days, or sick leave,” he explained.
According to Calderón, in 2007 contracted interpreters earned more per hour than those working directly for the government. But while government employees did receive raises over the years, the contractors' pay remained almost unchanged.
According to Calderón, to keep pace with inflation since 2007, the rate for contracted interpreters should have doubled by 2022. However, he said, what they currently charge is equivalent, in real terms, to a 2014 rate.
He also compared North Carolina's rates with those of other states. According to Calderón, interpreters in Virginia and South Carolina earn approximately 65% to 70% more than in North Carolina.
The strike does not affect all cases in North Carolina courts
Although the strike has generated concern among the community, Arredondo clarified that it does not mean that the contracted interpreters have stopped working in all the state's courts.
As he explained, the protest is being implemented gradually and is focused solely on criminal and civil cases in the High Court (Superior Court) and in judicial districts that have in-house interpreters: Buncombe, Mecklenburg, Union, Forsyth, Guilford, Durham, Wake, Orange, Chatham and Alamance counties.
That means that contractors are still covering, for now, most cases in District Court and juvenile court—including cases of juvenile delinquency and child abuse—, the family court—custody, divorce and division of property—, minor offenses and traffic violations, domestic violence cases, small claims lawsuits, weddings before a magistrate and guardianship and estate cases before the court clerk.
If there is no progress, Arredondo said, the actions could extend beyond September.
“We are only 40 covering 100 counties”
Beyond the payment, Calderón points to another problem: there are very few certified interpreters available to cover the entire state.
“We are only 40 covering 100 counties,” he said.
These same interpreters, he explained, also work in the Federal Court, before the Industrial Commission, in sworn statements and for private law firms, which sometimes involves traveling long distances for a single assignment.
Calderón recounted that the day before the interview, he had driven 426 miles round trip to attend to a single case. And although the commute takes up a good part of the day, that time isn't paid at the full rate. According to Calderón, the driving hours are paid at half the regular rate.
This means that an assignment of just a few hours can take up practically an entire day between the outbound journey, the time in court, and the return trip, without the interpreter being able to bill for a full day.
“It’s almost impossible for us to get an eight-hour day. The norm is that maybe one can work four or five hours a day,” he said.
Calderón also stated that a manager in the interpretation services division emailed officials in several counties that the work stoppage had already affected 15 Superior Court trials. If this pace continues, he estimates that by November there could be approximately 45 unprocessed cases.
A lack of interpreters can cause years of delays.
Arredondo also mentioned a recent case in Wake County that, he explained, he learned about through third parties and that illustrates what is at stake when a person does not have timely access to an interpreter.
“The man had been in jail for three years, and then they held the trial. He was found not guilty. So that's the delay of justice. And that's also a constitutional right: procedural expediency. These rights are being violated every day due to a lack of interpreters, among other things,” Arredondo said.
For the interpreters interviewed, the lack of professionals can generate much more than a postponed hearing: it can also mean months or even years of delays, multiple appearances, and economic losses for the people who have to be absent from work every time they return to court.
Do you need an interpreter in court? You shouldn't hire one on your own.
One of the points that Arredondo insisted on clarifying is that the strike does not eliminate the right of a person who does not speak English to receive a free interpreter in court.
As he explained, that right is part of federal civil law: anyone who enters the judicial system — whether as an accused, defendant, suspect, victim, or party in a civil or criminal case — has the right to an interpreter if their preferred language is not English.
The same protection applies to deaf people who use sign language or who have a disability that prevents them from communicating.
“If their preferred language is not English, if they speak another language and prefer to communicate in that language, they have the right to an interpreter. The same applies if a person speaks sign language or has a disability that prevents them from communicating or expressing themselves. It's part of U.S. federal civil law,” Arredondo explained.
According to the North Carolina State Courts Language Services Standards, the Judicial Branch provides interpreters at the state's expense in civil and criminal court proceedings when an interested party has limited English proficiency.
That's why, Arredondo said, it would be a violation of civil rights to require a person to hire their own interpreter when the court is obligated to provide one free of charge.
Furthermore, individuals involved in a criminal or civil case and their attorneys cannot independently hire an interpreter to perform that role during the hearing, Arredondo explained. Interpreters also cannot accept that type of payment.
One important reason is the conflict of interest. The court interpreter must be a neutral and impartial professional whose role is to faithfully interpret what is said during the proceedings and not to represent either party.
Therefore, an interpreter hired directly by a person involved in the case or by their lawyer cannot replace the interpreter that the court must provide.
“Be wary of any agency or person who says otherwise,” Arredondo warned.
Arredondo recommends that anyone needing an interpreter request one for each hearing date and, if the court does not provide one or if it delays the process, file a formal complaint so that the NCAOC I investigated it.
To know and assert their linguistic rights
For Arredondo, the most important thing the community can do right now is to know and demand its own linguistic rights.
“When you go to court, it’s important to speak up and say that you need an interpreter, because if you don’t speak, everyone will think you understand what’s being said. Don’t be ashamed!” she said.
Arredondo insisted that many people do not know they have this right and, therefore, end up resorting to a family member or friend to interpret for them, instead of requesting a certified court interpreter.
“More than anything, I want them to know that they have that right, because many don’t realize it and think they have to bring a family member, a friend, or someone who can interpret for them in court, because there’s no one there. But they really do have that right to a certified, professional, impartial court interpreter, who is only there to repeat what is said and nothing more,” she said.
“To ensure the courts are also aware of your need for an interpreter, there is an online form, available in English, Spanish, and other languages, to request one on the day of your court appearance. Often, the person has a lawyer, and the lawyer handles the request, but anyone in the public can also submit it,” he added.
“And if someone goes to court, has indicated they need an interpreter, and they aren’t given one, there’s also a form to file a complaint, because that’s the only way the administrative office will be notified. It’s very important to document when there’s a lack of interpretation services,” she said.
Arredondo further clarified that having a bilingual lawyer does not replace the right to a certified court interpreter.
A lawyer cannot act as both a lawyer and an interpreter at the same time, he explained, because he represents one of the parties and that creates a conflict of interest.
Official resources to request a court interpreter
- Do you need a court interpreter? Consult the following PDF or visit the North Carolina Judicial Branch website for the answers to frequently asked questions about court interpreters with resources for requesting an interpreter and forms for filing complaints about language services.
- Office of Language Access Services (OLAS): 919-890-1407 / OLAS@nccourts.org
How can the community support court interpreters?
When asked what people who want to support court interpreters can do, Arredondo mentioned several options.
One of them is to contact the Office of Language Access Services (OLAS), which is part of the Administrative Office of the Courts, at 919-890-1407 or OLAS@nccourts.org
He also noted that those who wish to explore the legislative route can contact their representatives in the North Carolina General Assembly to express their views on the importance of court interpreters and the need to increase the fees they receive.
Another option he mentioned is directly observing what happens in the courts. Arredondo explained that courtrooms are open to the public, with the exception of juvenile court proceedings, and recommended forming volunteer groups to attend and observe the court proceedings.
“This way they can know directly what is happening in the courts and document any shortcomings in the provision of language services,” Arredondo said.
Meanwhile, for Calderón, the discussion about the payment of interpreters should not lose sight of those who wait, often for months, for their case to finally be heard.
“It’s quite common for someone to have to go to court summoned by the State, and for the State to say, ‘Sorry, there are no interpreters.’ To me, that’s an injustice.”
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A year ago, Hurricane Helene struck western North Carolina. The Latino community responded with something stronger than the storm: solidarity.
🎧 In this episode, learn how Latino organizations transformed crisis into resilience.
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