These rules become effective on September 20, 2000, and will, as amended, govern the use of interpreters by the Nebraska Judicial Branch.

Scope and Effective Date amended September 17, 2003. Renumbered and codified as § 6-701, effective July 18, 2008; § 6-701 amended June 12, 2024.

   The State Court Administrator will publish and maintain a statewide register of interpreters who as determined by the Administrator are available to interpret for the Nebraska Judicial Branch in accordance with Nebraska Supreme Court rules and policies, which will consist of the following:

   (A) Certified Interpreters. Interpreters who have satisfied all certification requirements pursuant to § 6-705.

   (B) Provisionally Certified Interpreters. Interpreters who have satisfied all requirements pursuant to § 6-706 until such time an oral examination is developed.

   (C) Registered Interpreters. Interpreters who have satisfied all requirements  pursuant to § 6-707.

   (D) Non-Certified Interpreters. Interpreters who have not satisfied the requirements of §§ 6-705, 6-706, or 6-707.

   (E) Certified Deaf Interpreters and Certified Sign Language Interpreters. Certified Deaf Interpreters and certified Sign Language interpreters who have satisfied the requirements of § 6-708.

   (F) Deaf Interpreters and Non-Certified Sign Language Interpreters. Deaf Interpreters and non-certified Sign Language interpreters who have not satisfied the requirements of § 6-708, but who are licensed, as required by Neb. Rev. Stat. § 20-150 et seq. and possess a Nebraska Specialist Intermediary License or a Quality Assessment Screening Test – Accomplished Level (QAST V) awarded by the State of Nebraska.

[Originally numbered as] Rule 1(A) - (D) amended September 17, 2003; [originally numbered as] Rule 1(D) amended January 4, 2007, effective July 1, 2007; [originally numbered as] Rule 1(B) - (D) amended June 25, 2008, effective July 1, 2008. Renumbered and codified as § 6-702, effective July 18, 2008; § 6-702 amended October 21, 2009; § 6-702(D) amended May 12, 2010; § 6-702 amended March 16, 2011; § 6-702 amended August 5, 2014; § 6-702(E) amended December 12, 2018; § 6-702(B) and (C) amended April 14, 2021; § 6-702 amended June 12, 2024.

   (A) Whenever an interpreter is required to be appointed by the Nebraska Judicial Branch, the State Court Administrator’s Office shall strive to appoint interpreters based on a determination of an interpreter’s reasonable availability and the purpose for which the interpreter is needed to ensure the most qualified and certified interpreter is being appointed.

   (B) Court proceedings for parties who appear with their own interpreter may be continued pending the court’s determination of language needs of the individual; the qualifications of the interpreter, which includes whether the interpreter meets the standards adopted by the Nebraska Judicial Branch; and the availability of a certified, provisionally certified, or registered interpreter. Provided, however,

   (1) In court proceedings in which a Spanish interpreter is utilized, only a certified or registered interpreter shall be allowed. 

   (2) In court proceedings in which an interpreter is utilized to interpret for a Deaf or hard of hearing person, only an interpreter qualified pursurant to Neb. Rev. Stat. § 25-2407 and Neb. Rev. Stat. § 20-150 et seq. shall be allowed.

   (C) Number of Interpreters. For any single court proceeding or probation service scheduled for 2 or more hours, two foreign language interpreters shall be appointed. For any single court proceeding or probation service scheduled for more than 1 hour, two Sign Language interpreters shall be appointed. For any single court proceeding or probation service lasting more than 2 hours, if two foreign or Sign Language interpreters are not reasonably available, the interpreter must be given a minimum of a 10-minute break every 30 minutes.

   (D) Rebuttable Presumption. There is a rebuttable presumption that an interpreter must be appointed if an interpreter is requested or it is shown that the person cannot readily understand or communicate in the English language.

   (E) All interpreters shall be at least 19 years of age, shall take the Interpreter Oath, and shall verify in writing that they have read and understand the Code of Professional Responsibility for Interpreters prior to interpreting for the Nebraska Judicial Branch.

   (F) Individuals serving as interpreters for the Nebraska Judicial Branch, pursuant to these rules, shall not be considered employees of the Nebraska Judicial Branch.

   See Appendix 1 for Code of Professional Responsibility for Interpreters and Interpreter Oath.

[Originally numbered as] Rule 2(B)–(D) amended September 17, 2003; [originally numbered as] Rule 2(D) moved to (G) on January 4, 2007, effective July 1, 2007; [originally numbered as] Rule 2(D)–(F) adopted January 4, 2007, effective July 1, 2007; [originally numbered as] Rule 2(B)–(D) and (G) amended June 25, 2008, effective July 1, 2008. Renumbered and codified as § 6-703, effective July 18, 2008; § 6-703(A)-(C) and (E)-(H) amended October 21, 2009; § 6-703(A)-(D) amended March 16, 2011; § 6-701(A)-(C) amended May 16, 2012, effective July 1, 2012; § 6-703(E) amended November 26, 2014; § 6-703(E) and (F) amended April 14, 2021; § 6-703 amended June 12, 2024.

   An individual who wants to become a certified, provisionally certified, or registered interpreter as defined in these rules, in a particular foreign language, must do the following to protect the integrity of the Nebraska Judicial Branch and the safety of the public, and to ensure an interpreter's record of conduct justifies the trust of the courts, probation, witnesses, jurors, attorneys, parties, and the public.

   (A) Apply to attend the Nebraska Judicial Branch Interpreter Orientation. Upon application for Interpreter Orientation on a form approved by the State Court Administrator, the Director of Language Access or designated Nebraska Judicial Branch staff will evaluate the application and determine if the applicant meets the initial qualification requirements of §§ 6-705, 6-706, or 6-707.

   (B) Attend Nebraska Judicial Branch Interpreter Orientation. Orientation for interpreters will include an introduction to the courts and probation, the ethics of a court interpreter, vocabulary, the skills needed to assume the responsibilities of an interpreter, and the requirements to be certified, provisionally certified, and registered as outlined in  §§ 6-705, 6-706, or 6-707. The State Court Administrator may waive this requirement for any interpreter who has previously attended a Nebraska Judicial Branch or other state or federal court interpreter orientation within the last 3 calendar years.

   (C) Apply for the Interpreter Written Examination. Only after attending the Nebraska Judicial Branch Interpreter Orientation or the State Court Administrator waiving the requirement to attend the orientation may the applicant submit an application to take the written examination and execute a criminal history record check release on forms approved by the State Court Administrator. The Director of Language Access or designated Nebraska Judicial Branch staff will evaluate the application and conduct a criminal background check to verify the absence of criminal convictions and/or pending charges. A felony conviction of an applicant shall warrant denial of participation within the certification program, or removal from the statewide register of interpreters. A misdemeanor conviction in the preceding 5 calendar years manifesting a significant deficiency in the honesty, trustworthiness, diligence, or reliability of an applicant may warrant denial of participation within the certification program, or removal from the statewide register of interpreters. Disposition of any felony charges less than 5 years in the past other than by acquittal or dismissal (e.g., pretrial diversion) shall be the basis for denial of certification. Disposition of misdemeanor charges manifesting a significant deficiency in honesty, trustworthiness, diligence, or reliability less than 5 years in the past other than by acquittal or dismissal (e.g., pretrial diversion) may be the basis for denial of participation within the certification program, or removal from the statewide register of interpreters.

   (D) Written Examination. The written examination to qualify to take the oral examination of § 6-705(F) or to be considered for provisional certification pursuant to § 6-706(F), shall require no fee for an initial or second attempt for residents of Nebraska. If subsequent attempts are undertaken, a fee as prescribed by the Nebraska Supreme Court shall be assessed per each attempt. For out of state residents, a fee as prescribed by the Nebraska Supreme Court shall be assessed per each attempt of the written examination to qualify to take the oral examination of § 6-705(F) or to be considered for provisional certification pursuant to § 6-706(F). The written examination shall consist of three parts: general English language vocabulary, court-related terms and usage, and ethics and professional conduct. The written examination will be administered at such times and places as designated by the Nebraska Judicial Branch. The State Court Administrator shall waive this requirement for any interpreter who has previously taken the oral examination of § 6-704(F). If the applicant achieves a qualifying score of 80 percent or higher on the written examination, the applicant shall then be eligible to take the oral examination, if available for the interpreter's language, or provide documentation to support consideration for provisional certification. Results of the written examination will be electronically sent to the applicant.

   (E) Applying for the Interpreter Oral Examination. Only after passing the written examination may the applicant submit an application to take the oral examination and execute a criminal history record check release on forms approved by the State Court Administrator. The Director of Language Access or designated Nebraska Judicial Branch staff will evaluate the application and conduct a criminal background check to verify the absence of criminal convictions and/or pending charges. A felony conviction of an applicant shall warrant denial of participation within the certification program, or removal from the statewide register of interpreters. A misdemeanor conviction in the preceding 5 calendar years manifesting a significant deficiency in the honesty, trustworthiness, diligence, or reliability of an applicant may warrant denial of participation within the certification program, or removal from the statewide register of interpreters. Disposition of any felony charges less than 5 years in the past other than by acquittal or dismissal (e.g., pretrial diversion) shall be the basis for denial of certification or removal from the statewide register of interpreters. Disposition of misdemeanor charges manifesting a significant deficiency in honesty, trustworthiness, diligence, or reliability less than 5 years in the past other than by acquittal or dismissal (e.g., pretrial diversion) may be the basis for denial of participation within the certification program or removal from the statewide register of interpreters.

   (F) Oral Examination. Oral examinations in specific languages will consist of three components: sight interpretation, consecutive interpretation, and simultaneous interpretation. Such examinations will be administered at such times and places as designated by the Nebraska Judicial Branch. Results of the oral certification examinations will be electronically sent to the applicant.

   (G) Revocation or suspension as an interpreter in any other jurisdiction will preclude certification as a Nebraska Judicial Branch interpreter.

   (H) Confidentiality. All information relating to the examination is treated as confidential by the Nebraska Judicial Branch and test administrators except that aggregate statistical information relating to the examinations and applicants may be released at the discretion of the State Court Administrator.

§ 6-704 adopted October 21, 2009; § 6-704(A)-(D) amended March 16, 2011; § 6-704(B)-(G) amended December 12, 2018; § 6-704(A), (B), and (D)-(G) amended April 14, 2021; § 6-704 amended June 12, 2024.

   A certified foreign language interpreter must be able to interpret simultaneously and consecutively and provide sight translation from English into the target language and from the target  language into English. An interpreter will be eligible for certification upon establishing to the satisfaction of the State Court Administrator that the individual has:

   (A) Reached the age of 19;

   (B) Had no past felony convictions or pending felony criminal charges. In addition, in the preceding 5 years had no misdemeanor convictions or pending charges manifesting a significant deficiency in honesty, trustworthiness, diligence, or reliability. Disposition of any felony charges less than 5 years in the past other than by acquittal or dismissal (e.g., pretrial diversion) shall be the basis for denial of certification. Disposition of misdemeanor charges manifesting a significant deficiency in honesty, trustworthiness, diligence, or reliability less than 5 years in the past other than by acquittal or dismissal (e.g., pretrial diversion) may be the basis for denial of certified interpreter status;

   (C) Completed the Nebraska Judicial Branch or other state or federal court interpreter orientation that satisfy the requirements of § 6-704(B);

   (D) Achieved a qualifying score of 80 percent or higher on a National Center for State Courts written examination administered by the Nebraska Judicial Branch or any member of the National Center for State Courts Language Access Services Section; and

   (E) Achieved a qualifying score of 70 percent or higher on each segment of the National Center for State Courts oral examination administered or approved by the Nebraska Judicial Branch as described in § 6-704(F). If an interpreter received a qualifying score of 70 percent on any of the three segments of a previous National Center for State Courts oral examination that was administered within the last 3 calendar years, the qualifying score shall be honored, and the applicant shall not be required to repeat that segment of a current examination.

   (F) In addition, any interpreter possessing a Federal Court Interpreter Certification or a Court Interpreter Certification from a member of the National Center for State Courts Language Access Services Section, formerly known as the Consortium for Language Access in the Courts, is recognized as a certified interpreter.

   (G) To maintain certified status, interpreters must comply with continuing education requirements as outlined in § 6-710. Failure to complete continuing education requirements shall be grounds for removal of the interpreter's name from the statewide register of interpreters.

[Originally numbered as] Rule 3(C)-(E) amended September 17, 2003. Renumbered and codified as § 6-704, effective July 18, 2008; § 6-704 renumbered to § 6-705 and amended October 21, 2009; § 6-705(G) adopted May 16, 2012, effective July 1, 2012; § 6-705(B) amended December 12, 2018; § 6-705, (A) and (C)-(F) amended April 14, 2021; § 6-705 amended June 12, 2024.

      A provisionally certified foreign language interpreter must be able to interpret simultaneously and consecutively and provide sight translation from English into the target language and from the target language into English.   

   In languages for which no oral examination is available, an applicant may be provisionally certified upon establishing to the satisfaction of the State Court Administrator that the individual has:

   (A) Reached the age of 19;

   (B) Filed with the State Court Administrator a resume, a completed questionnaire regarding their experience, education, work history, and permission for the State Court Administrator to execute a criminal records check;

   (C) Had no past felony convictions or pending felony criminal charges. In addition, in the preceding 5 years had no misdemeanor convictions or pending charges manifesting a significant deficiency in honesty, trustworthiness, diligence, or reliability. Disposition of any felony other than by acquittal or dismissal (e.g., pretrial diversion) shall be the basis for denial of provisional certification. Disposition of misdemeanor charges manifesting a significant deficiency in honesty, trustworthiness, diligence, or reliability less than 5 years in the past other than by acquittal or dismissal (e.g., pretrial diversion) may be the basis for denial of provisionally certified status;

   (D) Completed the Nebraska Judicial Branch or other state, federal, or member of the National Center for State Courts Language Access Services Section court interpreter orientation that satisfy the requirements of § 6-704(B);

   (E) Achieved a qualifying score of 80 percent or higher on a National Center for State Courts written examination administered by the Nebraska Judicial Branch or any member of the National Center for State Courts Language Access Services Section; and

   (F) Demonstrate both written and oral proficiency in both English and the foreign language by the following:

   (1) Proof of the applicant's English written proficiency shall be demonstrated by one or more of the following:

   (a) A degree from an accredited college or university in a country where English is the official language; or

   (b) A minimum of 1 year of completed graduate coursework at an accredited university in a country where English is the official language; or

   (c) A score of 400 in the Test of English as a Foreign Language (TOEFL) paper-based language test; a score of 97 in the TOEFL PC-based language test; or a score of 32 in the TOEFL Internet-based language test; or

   (d) Publication in English where the candidate is the sole or main author; or

   (e) Translator certification by the American Translators Association (ATA) in translation of a non-English documents into the English language.

   (2) Proof of the applicant's English oral proficiency shall be demonstrated by one or more of the following:

   (a) A minimum of 2 years of teaching experience at the college level (undergraduate or graduate) using English as the language of instruction; or

   (b) A minimum of 2 years of other professional work experience in the United States or in a country where the official language is English.

   (3) Proof of written proficiency in the foreign language(s) as demonstrated by the following:

   (a) A minimum 4-year college degree from the United States or an equivalent higher education degree from another country where instruction is conducted in that language; or

   (b) Publication in the foreign language in which the applicant is the sole or main author; or

   (c) Translator certification from the American Translators Association (ATA) in translation of an English document into a foreign language.

   (4) Proof of oral proficiency in the foreign language as demonstrated by the following:

   (a) A minimum of 2 years of teaching at the college level (undergraduate or graduate) using the foreign language as the language of instruction; or

   (b) A minimum of 2 years of other professional experience in a country where the foreign language is the official language; or

   (c) A degree from an internationally recognized university or academic institution, ideally in, but not limited to, translation and interpretation with a concentration in the foreign language.

   (5) Three letters of reference to attest to the applicant's interpreting and professional experience within the past 2 years.

   (6) The State Court Administrator shall determine whether an applicant's degree, coursework, teaching experience, and/or professional work experience meet the requirements of this rule and may determine if an applicant meets the requirements of this rule if an applicant passes an equivalent test or obtains a certification that demonstrates proof of oral proficiency in both English and the foreign language.

   (7) Upon the applicant's meeting the above requirements, the individual will be assigned to a mentor program developed and approved by the Nebraska Judicial Branch. Upon completion of the mentor program and a favorable report from the assigned mentor, the applicant shall be considered a provisionally certified interpreter.

   (G) Continuing Education. To maintain provisionally certified status, court interpreters must comply with continuing education requirements as outlined in § 6-710. Failure to complete recognized continuing education shall be grounds for removal of the interpreter's name from the statewide register of interpreters.

   (H) Provisional certification shall be recognized by the Nebraska Judicial Branch until such time as an oral examination is available from the National Center for State Courts. The provisional certification will be withdrawn 6 months after an oral test is made available in the interpreter's non-English language. Provisionally certified interpreter status will be adjusted based on their National Center for State Courts oral examination results.

§ 6-706 adopted March 16, 2011; § 6-706(G) amended May 16, 2012, effective July 1, 2012; § 6-706(C) amended December 12, 2018; § 6-706, (D)-(F), and (H) amended April 14, 2021; § 6-706 amended June 12, 2024.

   (A) A registered foreign language interpreter must be able to interpret simultaneously and consecutively and provide sight translation from English into the target language and from the target language into English.

   (B) An interpreter will be qualify as a registered interpreter upon establishing to the satisfaction of the State Court Administrtor that the individual has:

   (1) Reached the age of 19;

   (2) Had no past felony convictions or pending felony criminal charges. In addition, in the preceding 5 years had no misdemeanor convictions or pending charges manifesting a significant deficiency in honesty, trustworthiness, diligence, or reliability. Disposition of any felony other than by acquittal or dismissal (e.g., pretrial diversion) shall be the basis for denial of registered interpreter status. Disposition of misdemeanor charges manifesting a significant deficiency in honesty, trustworthiness, diligence, or reliability less than 5 years in the past other than by acquittal or dismissal (e.g., pretrial diversion) may be the basis for denial of registered interpreter status;

   (3) Completed the Nebraska Judicial Branch or other state, federal, or member of the National Center for State Courts Language Access Services Section court interpreter orientation that satisfy the requirements of § 6-704(B);

   (4) Achieved a qualifying score of 80 percent or higher on a National Center for State Courts written examination administered by the Nebraska Judicial Branch or a member of the National Center for State Courts Language Access Services Section; and

   (5) Achieved a qualifying score of 50 percent or higher on each segment of the National Center for State Courts oral examination administered or approved by the Nebraska Judicial Branch as described in § 6-704(F). Registered interpreters in languages for which the oral examination is not available will be included on the statewide register of interpreters only upon providing to the Nebraska Judicial Branch some other measure of language competence (e.g., a passing score on an oral proficiency exam) acceptable by the Nebraska Judicial Branch.

   (C) To maintain registered status, interpreters must comply with continuing education requirements as outlined in § 6-710. Failure to complete recognized continuing education shall be grounds for removal of the interpreter's name from the statewide register of interpreters.

[Originally numbered as] Rule 5(B) amended September 17, 2003. Renumbered and codified as § 6-706, effective July 18, 2008; § 6-706 amended October 21, 2009; § 6-706 renumbered to § 6-707 March 16, 2011; § 6-707(C) adopted May 16, 2012, effective July 1, 2012; § 6-707(B)(2) amended December 12, 2018; § 6-707(B) amended April 14, 2021; § 6-707 amended June 12, 2024.

   (A) An interpreter will qualify as a Certified Deaf Interpreter or certified Sign Language interpreter upon establishing to the satisfaction of the State Court Administrator that the individual has:

  (1) A license as required by Neb. Rev. Stat. § 20-150 et seq. and possesses one or more of the certifications awarded by the Registry of Interpreters for the Deaf (RID), Certified Deaf Interpreter Certification (CDI), Conditional Legal Interpreting Permit-Relay (CLIP-R), Specialist Certificate Legal (SC:L), National Interpreter Certification – Master (NIC Master), National Interpreter Certification – Advanced (NIC Advanced), National Interpreter Certification (NIC), Certificate of Interpretation (CI), Certificate of Transliteration (CT), Comprehensive Skills Certificate (CSC), or National Association of the Deaf – V (NAD-V); and

  (2) Had no past felony convictions or pending felony criminal charges. In addition, in the preceding 5 years had no misdemeanor convictions or pending charges manifesting a significant deficiency in honesty, trustworthiness, diligence, or reliability. Disposition of misdemeanor charges manifesting a significant deficiency in honesty, trustworthiness, diligence, or reliability less than 5 years in the past other than by acquittal or dismissal (e.g., pretrial diversion) may be the basis for denial of certified interpreter status. Disposition of any felony charges less than 5 years in the past other than by acquittal or dismissal (e.g., pretrial diversion) shall be the basis for denial of certification or removal from the statewide register of interpreters. Disposition of misdemeanor charges manifesting a significant deficiency in honesty, trustworthiness, diligence, or reliability less than 5 years in the past other than by acquittal or dismissal (e.g., pretrial diversion) may be the basis for denial of participation within the certified program or removal from the statewide register of interpreters;

  (3) To maintain certified status, a Certified Deaf Interpreter or certified Sign Language interpreter must comply with continuing education requirements as outlined in § 6-710. Failure to complete continuing education requirements shall be grounds for removal of the interpreter’s name from the statewide register of interpreters.

§ 6-708 adopted June 12, 2024.

   The 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 non-certified 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 non-certified 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 non-certified 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 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; § 6-708 amended December 12, 2018; § 6-708 amended April 14, 2021; § 6-708 renumbered to § 6-709 and amended June 12, 2024.

   Continuing education is required by the Nebraska Judicial Branch to ensure that certified, provisionally certified, and registered interpreters who serve the Nebraska Judicial Branch maintain and improve their interpreting skills. Additionally, continuing education is required to ensure that certified, provisionally certified, and registered interpreters are in compliance with Local Rules in Chapter 6 (Trial Courts), Article 7 (Interpreters in the Nebraska Judicial Branch), and the Nebraska Code of Professional Responsibility for Interpreters (Appendix 1).

   As of July 1, 2012, these requirements apply to all interpreters who are certified, provisionally certified, or registered interpreters in the State of Nebraska who wish to interpret for the Nebraska Judicial Branch. Meeting these requirements is a condition to remain a certified, provisionally certified, or registered interpreter and to remain on the statewide register of interpreters.

   (A) Continuing Education Requirement refers to educational activities in which the interpreter engages after qualifying as a certified, provisionally certified, or registered foreign language interpreter, or a certified or non-certified Sign Language or Deaf interpreter.

   Every certified, provisionally certified, and registered foreign language interpreter shall complete and report five (5) credit hours of approved continuing education offered or accredited by the Nebraska Judicial Branch every year. At least two (2) continuing education hours must be earned in professional responsibility. The one-year reporting period commences as set forth below at § 6-710(C).

  Every certified Sign Language and Certified Deaf Interpreter must complete and report the Registry of Interpreters for the Deaf (RID) required 20 contact hours with the minimum of 15 hours in Professional Studies every year. Participants must work with a RID-Approved Sponsor to earn continuing education credits.

  Every non-certified Sign Language and Deaf Interpreter must complete and report the Nebraska Commission for the Deaf and Hard of Hearing required 12 clock hours with a minimum of 9 hours in Professional Studies and 1.5 hours in interpreter ethics every year.

   (B) Approved/Accredited Continuing Education shall be earned in participatory activities, i.e., a course, conference, workshop, lecture, or other activity, at which attendance is monitored and verified. Participatory continuing education activities may include courses offered at accredited institutions of higher learning or conferences or workshops sponsored by accredited professional organizations.

   Continuing Education credits may be obtained through programs, conferences, and workshops endorsed and credited for continuing education by the Nebraska or other State or Federal Administrative Offices of the Courts, the Nebraska Association for Translators and Interpreters (NATI), the National Association of Judiciary Interpreters and Translators (NAJIT), the American Translators Association (ATA), and the Registry of Interpreters for the Deaf (RID), along with educational programs offered by colleges and/or universities, or training programs offered by other Language Access Services Section member states. 

   Continuing education credit granted shall be for the actual number granted by accredited programs, conferences, workshops, or training programs. Auditing an academic college level language course for continuing education credit or taking same for academic credit is permitted with education credits under this rule allocated as follows: one academic quarter unit shall be deemed equivalent to 10 continuing education credits and one academic semester unit shall be deemed equivalent to 15 continuing education credits.

   Continuing education credit will be awarded only after completion of the entire activity. Partial attendance does not qualify for continuing education credit. Reasonable absences are allowed for academic courses. The academic institution's attendance requirements for credit must be met to be eligible for continuing education credit. If an educational activity spans two compliance periods, credit will be earned in the period in which the activity is completed. No continuing education hours may be carried over from one compliance period to the next.

   To receive continuing education credit for a particular educational activity, other than those listed above, the interpreter may request credit by submitting information regarding the activity (e.g., description of curriculum, agenda of conference, etc.) to the Nebraska Judicial Branch, and must receive approval prior to attendance at the activity. This information shall be submitted in advance of the program to ensure approval. Retroactive approval may be sought for good cause.

   Any interpreter who wishes to receive continuing education credit must be able to show proof of having taken the course or attended the conference or workshop (e.g., an official transcript from the university or college, or a receipt and/or certificate of completion from the conference or workshop).

   (C)  Compliance. Each certified, provisionally certified, and registered foreign language interpreter and each certified and non-certified Sign Language or Deaf Interpreter is required to submit a completed Annual Interpreter Continuing Education Compliance Form (Appendix 2) every year. The year begins on January 1 following the date an interpreter becomes certified, provisionally certified, or registered. The Nebraska Judicial Branch will make available, by the interpreter's request or online, the approved compliance form to be submitted. The approved compliance form shall be filed no later than February 1 of each year.

   (D) Noncompliance. Noncompliance with the continuing education requirement shall result in the interpreter's name being removed from the statewide register of interpreters and they shall not be given interpreting assignments with the Nebraska Judicial Branch until the continuing education requirement is met.

§ 6-709 adopted May 16, 2012, effective July 1, 2012; § 6-709 and (B)-(C) amended April 14, 2021; § 6-709 renumbered to § 6-710 and amended June 12, 2024.

   The 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 on the statewide register of interpreters or may be appointed to interpret for the Nebraska Judicial Branch. An interpreter should be one whose record of conduct justifies the trust of the courts, probation, witnesses, jurors, attorneys, parties, and the public. All interpreters and those seeking certification shall comply with the following:

   (A) Any applicant seeking certification or registration as a Nebraska Judicial Branch interpreter must report in writing to the Director of Language Access or designated Nebraska Judicial Branch staff any misdemeanor or felony citation, charge or conviction, or motion to revoke probation incurred during the course of the certification process within 5 business days.

   (B) All certified, provisionally certified, registered, or non-certified interpreters on the statewide register of interpreters shall report in writing to the Director of Language Access or designated Nebraska Judicial Branch staff any misdemeanor or felony citation, charge or conviction, or motion to revoke probation within 5 business days.

   (C) Any certified, provisionally certified, registered, or non-certified interpreter on the statewide register of interpreters who fails to report in writing to the Director of Language Access or designated Nebraska Judicial Branch staff any misdemeanor or felony citation, charge or conviction, or motion to revoke probation within 5 business days may be subject to imposition of sanctions pursuant to § 6-709.

   (D) All certified, provisionally certified, registered, or non-certified interpreters on the statewide register of interpreters shall report in writing to the Director of Language Access or designated Nebraska Judicial Branch staff any:

   (1) Revocation or suspension of certification as an interpreter in any other jurisdiction;

   (2) Acts that indicate abuse of or disrespect for the judicial process, including significant deficiency in honesty, trustworthiness, diligence, or reliability.

   (E) Any certified, provisionally certified, registered, or non-certified interpreter on the statewide register of interpreters who fails to report in writing to the Director of Language Access or designated Nebraska Judicial Branch staff any revocation or suspension of certification in any other jurisdiction or acts that indicate abuse of or disrespect of the judicial process within 30 business days may be subject to imposition of sanctions pursuant to § 6-709.

§ 6-710 adopted December 12, 2018; § 6-710 amended April 14, 2021; § 6-710 renumbered to § 6-711 and amended June 12, 2024.