Rule 5. Determination of Need of Discipline
Effective January 1, 2018
a) If probable cause is found, the Chief Administrative Officer (CAO) of the Indiana Office of Judicial Administration (IOJA) will review the report of the Program Manager and determine what further action is required. The CAO may set a hearing to review the complaint or review the matter by considering the information as submitted. If a hearing is set, the interpreter shall be notified by certified mail of the time and date of the hearing, which shall be set no later than thirty (30) days after a determination that probable cause exists.
b) Efforts to resolve the complaint informally may be initiated by any of the parties to the complaint at any time. Any resolution reached must be submitted to the CAO of the IOJA for approval. Upon approval of any resolution reached informally, or subsequent to any review without a hearing, the CAO or the CAO's designee will notify the complainant and the court interpreter of the decision in writing.
c) All hearings will be reported or recorded electronically and shall be private and confidential, except upon request of the interpreter facing the allegations. Strict rules of evidence shall not apply. The Program Manager may, in his/her discretion, call witnesses or clarify any evidence presented (including affidavits). The CAO or the CAO's designee (a person different from the individual presenting the charges) shall preside over the hearing and give all evidence the weight deemed appropriate. The interpreter may be represented by counsel and shall be able to testify, comment on the allegations, and call witnesses. Testimony shall be under oath.
d) If the CAO or the CAO's designee finds that there is clear and convincing evidence that the court interpreter has violated the Indiana Supreme Court Interpreter Code of Conduct and Procedure or these rules, the CAO or his/her designee shall impose such discipline or sanctions as deemed appropriate.