The opportunity to provide interpreter services to the courts under the direction of the State Court Administrator is at the Administrator’s complete and continuing discretion because of the critical reliance the courts must have on the skills, performance, and integrity of the interpreter in performing duties for the court. This discretion applies to any interpreter who is certified or registered with the AOCP. A court interpreter should be one whose record of conduct justifies the trust of the courts, witnesses, jurors, attorneys, parties, and the public. In order to protect the integrity of court proceedings 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 or registered interpreter:

   (1) Unprofessional or unethical conduct that violates the Code of Professional Responsibility (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; and

   (3) Incompetence as an interpreter.

   (4) Failure to report in writing to the Director of Language Access any misdemeanor or felony charge, or motion to revoke probation within 5 business days.

   (5) Failure to report in writing to the Director of Language Access within 5 business days any revocation or suspension of certification as a court interpreter in any other jurisdiction.

   (B) Investigation and Notification of Grounds for Imposition of Sanctions. Upon receipt by the AOCP of a complaint in writing against a certified or registered interpreter, or upon the initiation by the AOCP itself of a complaint, such complaint shall be investigated by the State Court Administrator. Upon receipt and initial investigation of any such complaint, if the State Court Administrator determines formal action is necessary, the Administrator may take any of the following formal actions:

   (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 certification or registered interpreter status 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 certified or registered status shall be sent by certified mail to the interpreter, and that interpreter shall have 15 days to file a written response with the State Court Administrator; or 

   (3) Immediately suspend the certification or registered interpreter status 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 certified or registered status shall be sent by certified mail to the interpreter, and that interpreter shall have 15 days to file a written response with the State Court Administrator.

   (C) Evaluation and Consideration of the Complaint. The Director of Language Access shall receive such information and/or documentation as he or she sees fit. The rules of evidence do not apply to this evaluation and consideration of complaint, and the interpreter is not entitled to representation by counsel. After evaluation and consideration of the complaint, the Director of Language Access shall within 60 days recommend in writing to the State Court Administrator any § 6-708(E) sanctions it determines appropriate.

   (D) 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, 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 in the Nebraska courts or Probation Services 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 in Nebraska courts or Probation Services.

   (E) No interpreter who has been suspended or revoked shall be utilized as an interpreter in any State judicial proceeding in the State of Nebraska, nor shall such interpreter be entitled to any compensation from the AOCP, during his or her suspension or revocation.

   (F) Complaints made against a sign language 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.

§ 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.