A person with limited English proficiency receives a summons to appear in a North Carolina court. They take the day off work, lose those hours of pay and arrive for the hearing. But if no interpreter is available, the case does not move forward: They are given another date and will have to repeat the entire process.
For Rudy Calderón, a Master Certified court interpreter who lives in Durham, that is precisely the part of the dispute that concerns him most as the state’s contract interpreters continue a phased strike to demand better rates.
“Every time a Hispanic person, or anyone who does not speak English proficiently, has a court appearance and it cannot take place because there is no interpreter, they are told, ‘We’ll give you another date.’ For me, that is the injustice,” Calderón told Enlace Latino NC.
The interpreter said the delays can unnecessarily prolong some cases. “It is 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 close the case,” he said.
Enlace Latino NC previously reported that the North Carolina Interpreter Advocacy Committee (NCIAC) announced a series of staggered strikes after its request for a rate increase was not included in the state budget signed by Gov. Josh Stein.
To better understand the background of the dispute and its real-world impact, Enlace Latino NC 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, pay for certified interpreters was set at $40 an hour. Years later, between 2011 and 2012, the U.S. Department of Justice opened an investigation into North Carolina’s court system after receiving complaints that people with limited English proficiency were not receiving adequate interpreting services.
That investigation, Arredondo said, led to an expansion of the types of court proceedings in which interpreting could be provided at no cost to the person.
Around 2013, the state divided certification into two levels — regular and “Master,” for those who score above 80% on the oral exams — and set the pay for these interpreters at $50 an hour.
From then on, according to Arredondo, pay remained virtually unchanged until 2022, when interpreters launched an email campaign demanding that the North Carolina Administrative Office of the Courts (NCAOC) increase their pay.
“After a month or two of dialogue and protests, they raised our pay by $5 an hour,” Arredondo said.
Currently, interpreters with regular certification earn $45 an hour, while those with Master certification earn $55.
“We Are Earning Less Now Than Before”
For Calderón, the 2022 increase came too late to make up for years of frozen rates while the cost of living rose.
“What they pay us has not kept pace with the inflation rate. In other words, we are earning less now than we were earning before,” he said.
Calderón also noted that because interpreters are contractors rather than state employees, they do not receive benefits such as health insurance, a pension, paid vacation or sick days — expenses that an employer would normally cover and that they must pay on their own.
“We don’t have insurance, a pension, paid vacation days or sick days,” he explained.
According to Calderón, in 2007 contract interpreters earned more per hour than those who worked directly for the state. But while state employees received raises over the years, contractors’ pay remained almost unchanged.
According to Calderón, to keep pace with inflation since 2007, the rate for contract 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 in 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 caused concern in the community, Arredondo clarified that it does not mean contract interpreters have stopped working in all courts across the state.
She explained that the protest is being implemented gradually and is focused only on criminal and civil cases in Superior Court and in judicial districts that have staff interpreters: Buncombe, Mecklenburg, Union, Forsyth, Guilford, Durham, Wake, Orange, Chatham and Alamance counties.
That means contractors are still covering, for now, most District Court cases, juvenile court — including cases of juvenile delinquency and child abuse — family court — custody, divorce and division of property — misdemeanors and traffic violations, domestic violence cases, small claims, weddings before a magistrate, and guardianship and estate cases before the clerk of court.
If there is no progress, Arredondo said, the actions could extend beyond September.
“There Are Only 40 of Us Covering 100 Counties”
Beyond pay, Calderón points to another problem: There are very few certified interpreters available to cover the entire state.
“There are only 40 of us covering 100 counties,” he said.
Those same interpreters, he explained, also work in federal court, before the Industrial Commission, in depositions and for private law firms, which sometimes means traveling long distances for a single assignment.
Calderón said that the day before the interview, he had traveled 426 miles round trip to handle a single case. And although the trip takes up a large part of the day, that time is not paid at the full rate. According to Calderón, driving hours are paid at half the regular rate.
This means that an assignment lasting only a few hours can take up virtually an entire workday between the trip there, 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. What’s common is that maybe you can [work] four or five hours in a day,” he said.
Calderón also said that a manager in the interpreting services division informed officials in several counties by email that the strike had already affected 15 Superior Court trials. If that pace continues, he estimates that by November there could be about 45 unprocessed cases.
The Lack of Interpreters Can Cause Years of Delays
Arredondo also mentioned a recent case in Wake County that, she explained, she 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 is the delay of justice. And that is also a constitutional right: a speedy trial. Those rights are being violated every day because of a lack of interpreters, among other things,” Arredondo said.
For the interpreters interviewed, the lack of professionals can result in much more than a postponed hearing: It can also mean months or even years of delays, multiple court appearances and financial losses for people who have to miss work each time they return to court.
Need an Interpreter in Court? You Should Not Hire One on Your Own
One point Arredondo insisted on clarifying is that the strike does not eliminate the right of a person with limited English proficiency to receive a free interpreter in court.
She explained that this right is part of federal civil rights protections: Anyone who enters the judicial system — whether as an accused person, 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 people who are deaf and use sign language or who have a disability that prevents them from communicating.
“If the preferred language is not English, they speak another language and prefer to communicate in that language, they have the right to an interpreter. Just as if a person used sign language or had a disability that prevented them from communicating or expressing themselves, it’s the same idea. So, it is part of federal civil rights in the United States,” Arredondo explained.
According to the North Carolina State Courts Language Access Services Standards, the Judicial Branch provides interpreters at state expense in civil and criminal court proceedings when an interested party has limited English proficiency.
For that reason, Arredondo said, requiring a person to hire their own interpreter when the court is obligated to provide one at no cost would be a violation of their civil rights.
In addition, people 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. A court interpreter must be a neutral and impartial professional whose role is to faithfully interpret what is said during the proceedings and not represent either party.
For that reason, an interpreter hired directly by a person involved in the case or by their attorney cannot replace the interpreter the court is required to provide.
“Be careful with any agency or person who says otherwise,” Arredondo warned.
Arredondo recommends that anyone who needs an interpreter request one for each hearing date and that, if the court does not provide one or that delays the proceedings, they file a formal complaint so the NCAOC can investigate.
Knowing and Asserting Your Language Rights
For Arredondo, the most important thing the community can do right now is know and assert their own language rights.
“When you go to court, it is important to speak up and say that you need an interpreter, because if you don’t say anything, everyone is going to think you understand what is being said. Don’t be embarrassed!” she said.
Arredondo emphasized that many people do not know they have that right and, as a result, end up turning 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, someone who can interpret for them in court because there is no one there. But they really 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 make sure the courts also know about their need for an interpreter, there is an online form, available in English, Spanish and other languages, to submit a request for an interpreter on the day of court. Many times the person has an attorney, and then the attorney takes care of submitting that request, but any member of the public can also submit it,” she added.
“And if the person goes to court, has made it known that they need an interpreter and they don’t provide one, there is also a form to file a complaint, because that is the only way for the administrative office to become aware of it. It is necessary to document when there is a lack of interpreting services; it is very important,” she said.
Arredondo also clarified that having a bilingual attorney does not replace the right to a certified court interpreter.
An attorney cannot act as both attorney and interpreter at the same time, she explained, because the attorney represents one of the parties and that creates a conflict of interest.
Official Resources to Request a Court Interpreter
- Need a court interpreter? See the following PDF or visit the North Carolina Judicial Branch website with 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?
Asked what people who want to support court interpreters can do, Arredondo mentioned several options.
One 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.
She also noted that those who want 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 rates they receive.
Another option she mentioned is to directly observe what happens in the courts. Arredondo explained that courtrooms are open to the public, with the exception of juvenile court proceedings, and recommended that groups of volunteers be formed to attend and observe court proceedings.
“That way they can know firsthand what happens in the courts and document any failure to provide language services,” Arredondo said.
Meanwhile, for Calderón, the discussion about interpreters’ pay should not lose sight of those who wait, often for months, for their case to finally be heard.
“For someone to have to go to court because they were summoned by the state and for the state to say, ‘I’m sorry, there are no interpreters,’ is quite common. For me, that is an injustice.”
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