Section 6-709 - Investigation of complaints and imposition of sanctionsThe opportunity to provide interpreter services to the Nebraska Judicial Branch under the direction of the State Court Administrator is at the Administrator's complete and continuing discretion because of the critical reliance the Nebraska Judicial Branch must have on the skills, performance, and integrity of the interpreter in performing duties for the Nebraska Judicial Branch. This discretion applies to any interpreter who is certified, provisionally certified, registered, or non-certified with the Nebraska Judicial Branch. An interpreter is one whose record of conduct justifies the trust of the courts, probation, witnesses, jurors, attorneys, parties, and the public. In order to protect the integrity of the Nebraska Judicial Branch and the safety of the public, the Supreme Court authorizes the State Court Administrator to investigate complaints and impose sanctions.
(A) Grounds for Imposition of Sanctions. Any of the following may be grounds for imposition of sanctions against a certified, provisionally certified, registered, or noncertified interpreter: (1) Unprofessional or unethical conduct that violates the Code of Professional Responsibility for Interpreters (see Appendix 1).(2) Conviction of any felony criminal charge. Conviction, within the past 5 years, of a misdemeanor criminal charge manifesting a significant deficiency in honesty, trustworthiness, diligence, or reliability. Dispositions of either felony or misdemeanor criminal charges other than by acquittal or dismissal (e.g., pretrial diversion), or the filing of a probation violation or the revocation of probation may also constitute grounds for suspension or revocation.(3) Incompetence as an interpreter.(4) Failure to report in writing to the Director of Language Access or designated Nebraska Judicial Branch staff any misdemeanor or felony citation, charge, or motion to revoke probation within 5 business days.(5) Failure to report in writing to the Director of Language Access or designated Nebraska Judicial Branch staff within 5 business days any revocation or suspension of certification as an interpreter in any other jurisdiction.(B) Complaint Received. Upon receipt by the Nebraska Judicial Branch of a complaint in writing against a certified, provisionally certified, registered, or noncertified interpreter, or upon the initiation by the Nebraska Judicial Branch itself of a complaint, it shall be evaluated and considered by the Director of Language Access or designated Nebraska Judicial Branch staff.(C) Evaluation and Consideration of the Complaint. Upon receipt and initial evaluation of any such complaint, the Director of Language Access or designated Nebraska Judicial Branch staff shall receive such information and/or documentation as they see fit. Within 10 business days after receiving the complaint, the Director of Language Access or designated Nebraska Judicial Branch staff shall report in writing to the State Court Administrator their findings and recommendations for the following formal actions to be considered and imposed by the State Court Administrator: (1) Dismiss the complaint. In any case where the State Court Administrator dismisses the complaint, written notice of the complaint and notice of the dismissal shall be sent by certified mail to the interpreter and the complainant;(2) Allow the interpreter to retain certified, provisionally certified, registered, or noncertified interpreter status and remain on the statewide register of interpreters for the pendency of the evaluation and consideration of the complaint. In any case where the State Court Administrator deems it is necessary to consider the complaint, written notice of the complaint and the retention or suspension of the interpreter's status shall be sent by certified mail to the interpreter, and that interpreter shall have 15 business days from the date the written notice is received to file a response to the State Court Administrator; or(3) Immediately suspend the interpreter's certified, provisionally certified, registered, or non-certified interpreter status and remove them from the statewide register of interpreters for the pendency of the evaluation and consideration of the complaint. In any case where the State Court Administrator deems it is necessary to consider the complaint, written notice of the complaint and the retention or suspension of the interpreter's status and removal from the statewide interpreter register shall be sent by certified mail to the interpreter, and that interpreter shall have 15 business days to file from the date the written notice is received to file a response to the State Court Administrator.(D) Investigation and Notification of Grounds for Imposition of Sanctions. The Director of Language Access or designated Nebraska Judicial Branch staff shall receive such information and/or documentation as they see fit. The rules of evidence do not apply to the investigation. After investigation of the information provided and the interpreter's response, the Director of Language Access or designated Nebraska Judicial Branch staff shall within 60 business days recommend in writing to the State Court Administrator any § 6-708(E) sanctions determined to be appropriate.(E) Sanctions. If the State Court Administrator, based upon the information and documentation provided in the complaint, the interpreter's response, and the recommendation of the Director of Language Access or designated Nebraska Judicial Branch staff, determines sufficient cause exists, the State Court Administrator may within 45 business days of receipt of the recommendation impose one or more of the following sanctions in order to protect the integrity of court proceedings and the safety of the public: (1) Issue a written reprimand;(2) Specify corrective action with which the interpreter must fully comply in order to remain on the statewide register of interpreters, including the completion of educational courses and/or re-taking one or more parts of the interpreter written examination;(3) Suspend the interpreter from serving as an interpreter for the Nebraska Judicial Branch for a specified period of time, or until corrective action is completed; and(4) Revoke the standing of and permanently prohibit the interpreter from serving as an interpreter for the Nebraska Judicial Branch. The State Court Administrator shall provide the interpreter with written notice of the sanctions sent by certified mail to the interpreter.
(F) Complaints made against a Sign Language interpreter, Certified Deaf Interpreter or Deaf Interpreter shall be processed pursuant to the procedure set forth in Rules and Regulations Relating to Sign Language Interpreters adopted by the Nebraska Commission for the Deaf and Hard of Hearing.(G) Suspended or revoked interpreters shall be removed from the statewide register of interpreters. No interpreter who has been suspended or revoked shall be utilized as an interpreter by the Nebraska Judicial Branch, nor shall such interpreter be entitled to any compensation from the Nebraska Judicial Branch, during his or her suspension or revocation.§ 6-707 adopted October 21, 2009; § 6-707 renumbered to § 6-708 March 16, 2011; amended December 12, 2018, effective 12/12/2018; amended April 14, 2021, effective 4/14/2021; amended June 12, 2024, effective 6/12/2024.