Rule 984.5 of the California Rules of Court would
be adopted, effective-----------, to
Read:
Rule 984.5. Discipline of Court Interpreters
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(a) |
[Intent] The procedures in this
rule for discipline of court interpreters do not change any
existing contractual relationship between an interpreter and
a court. |
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(b) |
[Definitions] As used in this
rule, unless the context requires otherwise: |
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(1) |
The definition of the term "certified
court interpreter" is the same as in Government Code section
68566; |
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(2) |
The definition of the term "registered
interpreter" is the same as in Government code section
68561 (d); |
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(3) |
The term "non-certified interpreter"
means a person who does not hold a court interpreter certificate
and is appointed by a court to interpret in a court proceeding
pursuant to Government Code section 68561 (c) or rule 984.2
of the California Rules of Court; and |
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(4) |
The term "non-registered
interpreter" means a person who is qualified by a court
pursuant to Government Code section 68561 (d) to interpret in
a court proceeding using a language not designated by the Judicial
Council and who has not met the requirements adopted by the
Judicial Council. |
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(c) |
[Grounds] A certified court interpreter,
registered interpreter, non-certified interpreter, or non-registered
interpreter may be disciplined by the Judicial Council or its
designee for one or more of the following causes: |
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(1) |
Conviction of a crime that is
substantially related to the qualifications, functions, or duties
of an interpreter, or that involves dishonesty, fraud, or moral
turpitude. A conviction within the meaning of this rule means
a plea or verdict of guilty or a conviction following a plea
of nolo contendere. The record of conviction, or a certified
copy thereof, is conclusive evidence of the conviction; |
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(2) |
Failure to notify the Administrative
Director of the Courts, by certified mail, of any criminal conviction,
whether a misdemeanor or felony within 90 days after the effective
date of this rule, or within 30 days after the date of the conviction,
whichever is later. |
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(3) |
Violation of rule 984.4 or violation
of any rule, standard, or code provision specifically governing
interpreters, except that violation of subdivision (g) of rule
984.4 shall not subject an interpreter to discipline under this
rule but may subject an interpreter to other action as authorized
by policies adopted by the Judicial Council; |
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(4) |
Fraud or knowing misrepresentation
in obtaining or maintaining certification as a certified court
interpreter, registration as a registered interpreter, appointment
as a non-certified interpreter, or qualification as a non-registered
interpreter. |
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(d) |
[Discipline] Discipline of a certified
court interpreter, registered interpreter, non-certified interpreter
or non-registered interpreter may include one or more of the
following: |
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(1) |
Public or private censure; |
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(2) |
Compulsory training or education; |
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(3) |
Probation; |
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(4) |
Suspension of certification or
registration, up to a maximum period of one year; and |
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(5) |
Revocation of certification or
registration. Revocation of certification or registration will
result in the removal of the interpreter from the Master List
of Certified Court Interpreters of Designated Languages and
Registered Interpreters of Non-designated Languages. |
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(e) |
[Review Panel] The Chair of the
Judicial Council must appoint a five-member panel to review
and act upon complaints against interpreters. The Chair of the
Judicial Council must appoint one of the panel members to serve
as chair of the panel. |
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(1) |
The panel must consist of: |
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(A) |
Three interpreters in good standing,
at least one of whom is a member of the Court Interpreters Advisory
Panel, and at least one of whom is certified or registered in
the language interpreted by the interpreter against whom a complaint
is made, if such person or persons are available; |
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(B) |
One judicial officer from the
Court Interpreters Advisory Panel; and |
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(C) |
One court administrator from the
Court Advisory Panel. |
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(2) |
A review panel member, may, for
good cause, recuse himself or herself from a particular disciplinary
matter. An interpreter may request that a review panel member
be disqualified in a disciplinary matter concerning the interpreter.
It is within the discretion of the chair of the review panel
to determine whether a review panel member must be disqualified.
If a review panel member is recused or disqualified, the Chair
of the Judicial Council must appoint a replacement. |
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(f) |
[Procedures] Any process used
to determine whether an interpreter should be disciplined by
the Judicial Council or its designee must be in accordance with
the procedures in this rule. The Judicial Council or its designee
may adopt additional policies and procedures regarding the certification,
registration or discipline of court interpreters not inconsistent
with this rule. |
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(1) |
(Complaint) Any person or entity
may make a complaint against a certified court interpreter,
registered interpreter, noncertified interpreter, or nonregistered
interpreter. A complaint must be submitted in writing, on Judicial
Council Form IN-…, to the Administrative Director of the
Courts, except that a complaint made by the Administrative Director
or his or designee need not be on Judicial Council Form IN-…,
but must be in writing, must state the grounds of the complaint,
and must be dated and signed. A complaint by the Administrative
Director or his or her designee is deemed made and received
the date it is signed. If an interpreter notifies the Administrative
Director by certified mail of a criminal conviction within 90
days after the effective date of this rule, or within 30 days
after the date of the conviction, and the Administrative Director
or his or her designee decides to make a complaint based on
the conviction, the complaint must be made within 60 days after
the Administrative Director received the interpreter's notification
of the conviction. |
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(2) |
(Notice) An interpreter who is
the subject of a complaint must be notified of the complaint
by certified mail within 15 days of receipt of the complaint
by the Administrative Director of the Courts. |
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(3) |
(Answer) Within 30 days of receipt
of notice of a complaint, the interpreter must submit to the
Administrative Director of the Courts an answer and any relevant
documents or other materials which are within the interpreter's
knowledge, possession, or control and which are not privileged
from disclosure by law or protected or confidential attorney
work product. The period to submit an answer or relevant documents
or other materials may be extended for good cause, as determined
by the chair of the review panel. |
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(4) |
(Probable Cause Determination)
Within 30 days after the deadline for the submission of the
answer, the review panel must determine whether there is probable
cause to believe that the interpreter has engaged in conduct
subject to discipline, except that the period to make a probable
cause determination may be extended for good cause, as determined
by the chair of the review panel. Staff of the Administrative
Office of the Courts may investigate a complaint, report to
the panel, and make a recommendation to the panel to dismiss
or proceed with the complaint. A probable cause determination
requires a majority vote. If the panel determines that probable
cause does not exist, the complaint must be dismissed and the
interpreter and complainant must be so notified in writing.
If the panel determines that probable cause exists, the interpreter
must be notified by certified mail. The notice to the interpreter
must include a statement of the ground or grounds for the probable
cause determination. If the panel determines that probable cause
exists, the panel may conduct or request staff of the Administrative
Office or the Courts to conduct further investigation. Notice
of the results, if any, of an investigation by the review panel
or the staff of the Administrative Office of the Courts must
be sent to the interpreter. |
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(5) |
(Alternatives to Discipline) The
review panel may, in its discretion, attempt to resolve a complaint
through alternatives to discipline, including but not limited
to issuing a letter of warning to the interpreter or permitting
the interpreter to undertake appropriate remedial actions. |
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(6) |
(Interim Suspension) If the review
panel determines that there is probable cause to believe that
the interpreter has engaged in conduct subject to discipline,
and that the conduct poses an imminent threat to the safety
or welfare of the public, the panel may, in its discretion,
suspend a certified court interpreter's certification or a registered
interpreter's registration during the pendency or occurrence
of further proceedings under this rule, up to the time the panel
has completed its action on the complaint. |
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(7) |
(Hearing) |
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(A) |
A hearing must be held if the
interpreter who is the subject of a complaint requests one in
writing, or if the review panel deems one necessary. The interpreter
must submit the request for a hearing to the Administrative
Director of the Courts within 30 days of receipt of notice of
the panel's probable cause determination or within 30 days of
receipt of notice of the panel's probable cause determination
or within 30 days of receipt of notice that the complaint will
not be or has not been resolved through alternatives to discipline,
whichever is later. |
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(B) |
Unless the chair of the review
panel determines that there is good cause to hold the hearing
at a different time, the hearing must be held not less than
30 days and not more than 90 days from the date of receipt of
the interpreter's request or, if the panel determines that the
hearing is necessary, from the date of the panel's determination.
The interpreter and complainant must be notified of the date,
time, and place of the hearing by certified mail. If the interpreter
possesses or controls any relevant documents or materials in
addition to those submitted with the answer and which are not
privileged from disclosure by law or protected or confidential
attorney work product, the interpreter must submit those documents
or materials as expeditiously as possible. The review panel
must make available to the interpreter, as expeditiously as
possible, relevant information or evidence that is not privileged
and that is in the possession of the panel. |
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(C) |
The review panel must conduct
the hearing, with the exception that, if a panel member is unavailable,
the Chair of the Judicial Council must appoint a replacement.
It is within the discretion of the chair of the review panel
to permit a review panel member to appear at the hearing telephonically
or via videoconferencing. |
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(D) |
The hearing need not be conducted
according to technical rules relating to evidence and witnesses,
except as herein provided. The panel may admit any relevant
evidence, regardless of the existence of any common law or statutory
rule which might make improper the admission of the evidence
in other proceedings. The panel may call witnesses. All testimony
must be under oath. |
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(E) |
The complainant may submit a list
of witnesses and other documents or materials. The complainant
may attend, and testify at, the hearing. |
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(F) |
The interpreter has the right
to: |
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(i) |
Attend, and testify at the hearing; |
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(ii) |
Be represented by counsel, at
the interpreter's expense; |
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(iii) |
Call, examine, and cross-examine
witnesses; |
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(iv) |
Inspect, present and rebut evidence
determines by the panel to be relevant; |
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(v) |
Present oral argument; and |
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(vi) |
Have an audio or videotape record
make of the proceedings, and to obtain a copy of the record,
upon payment of reasonable charges associated with the making
of the record. |
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(G) |
The hearing must not be open to
the public unless the interpreter requests a public hearing
at least 15 days before the scheduled date of the hearing. |
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(H) |
It is within the discretion of
the chair of the review panel to permit the complainant, the
interpreter, or a witness to appear at the hearing telephonically
or via videoconferencing. |
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(8) |
(Decision) Discipline may be imposed
only if a majority of the review panel finds by clear and convincing
evidence that cause for discipline exists. The panel may impose
discipline in the absence of a hearing, if the interpreter has
not requested one as provided under subdivision (e)(7)(A) and
the panel has not deemed a hearing necessary, if a majority
of the review panel finds that the clear and convincing standard
has been met. The deliberations of the panel and the case file
must remain confidential, unless confidentiality is waived by
the interpreter. Unless the time for decision is extended for
good cause, as determined by the chair of the review panel,
the review panel must reach a decision within 90 days after
the date of the hearing, or, if no hearing was held, within
90 days after the last date the interpreter could have requested
a hearing. The decision of the panel to impose discipline must
be make available to the public within 30 days from the date
the decision is made. The interpreter and complainant must be
notified of the panel's decision, in writing, by certified mail
within 15 days from the date the decision is made. |
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(9) |
(Reinstatement) A court interpreter,
whose certification or registration is suspended or revoked
under these rules, may apply, in writing, to the Administrative
Director of the Courts, for reinstatement of the certification
or registration. The application must explain why reinstatement
is warranted. The review panel must review the application and
may grant or deny the reinstatement request, or impose conditions
on reinstatement, as the panel deems appropriate. |
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Rule 984.6 of the California Rules of Court
would be adopted, effective _____________, to read:
Rule 984.6. Denial of Certification or Registration
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(a) |
[Definitions] As used in this
rule, unless the context requires otherwise: |
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(1) |
The definition of the term "certified
court interpreter" is the same as in Government Code section
68566: |
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(2) |
The definition of the term "registered
interpreter" is the same as in Government Code section
68561(d): |
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(b) |
[Grounds] An interpreter may be
denied certification as a certified court interpreter or registration
as a registered interpreter by the Judicial Council or its designee
for one or more of the following causes: |
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(1) |
Conviction of a crime that is
substantially related to the qualifications, functions, or duties
of an interpreter, or that involves dishonesty, fraud, or moral
turpitude. A conviction within the meaning of this rule means
a plea or verdict of guilty or a conviction following a plea
of nolo contendere. The record of conviction, or a certified
copy thereof, is conclusive evidence of the conviction: |
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(2) |
Failure to notify the Administrative
Director of the Courts, by certified mail, of any criminal conviction,
whether a misdemeanor or felony: |
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(3) |
Violation of rule 984.4, or violation
of any rule, standard, or code provision specifically governing
interpreters: |
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(4) |
Fraud or knowing misrepresentation
in applying for certification as a certified court interpreter
or registration as a registered interpreter. |
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(c) |
[Reapplication] An interpreter
who is denied certification as a certified court interpreter
or registration as a registered interpreter may reapply for
certification or registration and may include a statement explaining
why certification or registration upon reapplication should
be granted. |
