From left, court appointed interpreters Victor Lopez and Olivia Johnston sit with murder defendant Santiago Gaspar in Riverside Superior Court. Gaspar, who only speaks Q'Anjob'al, a rare Mayan dialect, required two interpreters. Johnston first translates from English to Spanish, then Lopez translates from Spanish to Q'Anjob'al. (David Bauman/The Press-Enterprise)

Olivia Johnston remembers with sadness the case of one man charged with murder.

The defendant spoke no English, and court officials, based on his physical appearance and a few spoken words, assigned him a Spanish-speaking interpreter. It was late in the criminal proceedings, she said, when officials figured out the man was speaking a little-known Mayan dialect spoken in Guatemala. They finally found the proper translator for him.

"He kept saying, 'I don't understand what they are saying,' " said Johnston, a Riverside-based court interpreter, recalling the case from about 10 years ago. The man was eventually convicted and sent to prison. "Things are better now, although we have a long way to go."

The changing ethnic makeup of Southern California has provided a challenge for state and federal criminal courts, which must provide non-English-speaking defendants with an interpreter. While the vast majority of interpreters are called on to translate Spanish, officials are finding defendants are speaking a wide variety of languages, including many Asian dialects. Translators are not always available.

Some expect the situation to worsen as the ethnic face of the region continues to change. As immigrants, particularly those from the inland of Mexico and Central America, blend into society, some become caught up in the criminal justice system.

"The system has to wake up and realize it is an issue of justice," said Carlos Cerecedo, president of the California Court Interpreters Association. "The judicial system has begun to address the issue, but there is still a feeling that it is not a top priority. It must be."

Cerecedo, whose statewide association oversees hundreds of court interpreters who speak 70 languages and dialects, said it is impossible to estimate how many defendants have been prosecuted without being able to understand the proceedings against them.

"But it has happened," he said. "The courts are still somewhat uneducated when it comes to issues of language."

Translator shortage

In some cases, trials can be delayed for days because of shortages of interpreters or while officials hunt down a translator who speaks a little-known language.

Interpreters are considered independent contractors and are paid $265 for a day's work, and $147 for half a day. It can be a hectic job, darting from one courtroom to another for hearings that can take a few minutes or hours of translating testimony.

In Los Angeles County, where there are 55 courthouses, more than 420 interpreters work each day, translating 20 or more languages. Still, officials say there is a statewide shortage of interpreters.

In one Inland case, Santiago Gaspar of Riverside was charged with murder in connection with the February 2000 stabbing death of his roommate, 43-year-old Diego Andres Manuel. Gaspar, 41, is from southern Guatemala and speaks a Mayan dialect known as Q'anjob'al.

'A challenge'

Johnston, president of Riverside-based Olivia Johnston Associates, which provides court interpreters and other language services, spent several days calling other court jurisdictions, universities and associates searching for someone who could speak Q'anjob'al.

"It was a challenge," Johnston said. "It took a little digging."

Johnston eventually located Victor Lopez, a Los Angeles-based interpreter, and the pair provided a relay translation using three-way headphones and small microphones. Johnston translated English testimony and other statements in court into Spanish, then Lopez translated the Spanish to Q'anjob'al. A jury on Wednesday convicted Gaspar of second-degree murder after deliberating portions of two days.

In Santa Barbara, a man on trial for murder speaks Nahuatl, a language spoken in parts of the Mexican state of Guerrero.

"There are so many examples like this," Cerecedo said. "The judicial system is facing something that it has not had to deal with. In the past, this type of case may have slipped through the cracks."

In the past, Cerecedo said, court officials would look at defendants and see they "appeared" Mexican.

"Everybody who looked that way spoke Spanish to them, so they would get a Spanish-speaking interpreter," he said. "Then they began to realize they were missing the mark."

Spanish variations

Johnston said 80 percent of interpreter trials involve a Spanish speaker, but there are also calls for translators who speak Vietnamese, Korean, Laotian and sign language. But even Spanish can be tricky, Johnston said, since the language can go through changes or offshoots depending on what part of Mexico or Central America the defendant is from.

"Spanish picks up other tones of Spanish," she said. "Language itself is a growing entity. Argentinian Spanish has a lot of Italian influence. Spanish spoken in southern Mexico is different than the Spanish spoken in Tijuana or along the border. Each is distinct."

The latest census figures show that 39 percent of California residents speak a language other than English. In Riverside, the only Inland city large enough to be included in a supplemental census survey, 33 percent of residents speak Spanish at home, compared with 28 percent countywide.

The Inland Empire

In Riverside and San Bernardino counties, one out of five people was born outside the United States. Mexican immigrants make up 12 percent of the population of the counties. Also, 8 percent of Riverside County and 9 percent of San Bernardino County residents speak English poorly or not at all.

Riverside Superior Court Judge Gordon Burkhart, who oversaw Gaspar's trial, said he expects the need for specialized interpreters to grow, although it is still rare to find someone who speaks an unusual language.

"It really hasn't been an issue," said Burkhart, who has been a judge for 16 years.

Tressa Kentner, court executive officer in San Bernardino County, agrees that the existing shortage of interpreters could get worse, but state officials are taking steps to improve the situation by improving training and compensation. San Bernardino court officials have been able -- up to now -- to find the interpreters when needed, she said.

"If we don't start doing stuff right away, yes, it is going to get worse," she said. "It is an important issue."

Language issues

Burkhart said it is the defense attorney's job to make sure clients understand what is going on. But Burkhart said it also falls to the court -- whether the judge, prosecutor or anyone else associated with the court -- to make sure the defendant understands what is being said.

"There is an obligation to make sure a person's rights are upheld," he said.

Kentner, from San Bernardino, said the court cannot "cut corners" when dealing with someone who requires an interpreter. Using someone who is bilingual to offer help with filling out paperwork or other court business is one thing, she said, but it takes a specially trained interpreter to handle court proceedings.

"It is a very difficult and professional thing," she said. "I think the court recognizes that."

Looking for answers

Cerecedo said one possible solution is better education for those coming out of law schools so attorneys are more sensitive to language and cultural issues facing defendants. Many times, he said, it is left to the interpreter to deal with these issues.

"We can no longer be the teachers of the courts," he said.

Eventually, Cerecedo said, lawyers will be required to take language courses before they are allowed to practice law.

The anticipated need also will create job opportunities for those who speak more than one language. But officials say it is not easy to pass the training and certification process.

"Just because you speak two languages doesn't mean you can be an interpreter," said Johnston, who trains those who want to get into the profession. "It's a start, though."

Reach Jose Arballo Jr. at (909) 782-7556 or jarballo@pe.com