Rule 47.10 - Complaint and disciplinary process(1)Purpose. These rules establish a complaint and disciplinary process that ensures due process for court interpreters and translators formally accused of misconduct under rule 47.10(5).(2)Applicability. These rules apply to the delivery of services by oral and sign language interpreters or translators in any legal proceeding, court-ordered program, or office of the Iowa Judicial Branch. These rules also apply to real-time reporters when providing language access to court users.(3)Procedures for complaints against oral language court interpreters or translators.a. Complaints. A complaint against a court interpreter or a translator must befiled with state court administration on a form available from that office or through the Iowa Judicial Branch website. A complaint must be signed by the complainant, provide the complainant's full address, telephone number, and email address, if any, and contain substantiating evidence supporting the complaint. State court administration may also initiate a complaint.b. Review of complaints. State court administration will review allcomplaints and may seek additional information from the complainant as well as a response from the court interpreter or translator if state court administration deems necessary. If state court administration determines that the allegations made within the complaint are serious enough to warrant the suspension or removal of the court interpreter or translator from the roster, then state court administration will forward the complaint, response, and any investigative materials to the chair of the advisory committee. The chair will appoint a panel of at least three advisory committee members to consider the complaint.c. Dismissal of complaints. The advisory committee panel may dismiss the complaint without further action if it appears the complaint wholly lacks merit, alleges conduct that does not constitute misconduct or rise to the level of a disciplinary violation under the Code of Professional Conduct for Court Interpreters and Translators, or does not comply with the requirements for a complaint or is not supplemented as requested. In such instances, state court administration will notify the complainant of the advisory committee panel's decision. The advisory committee panel's summary dismissal is not subject to review.d. Responses to complaints. If the advisory committee panel does not dismiss the complaint, the OPR will notify the interpreter or translator of the complaint and direct the interpreter or translator to provide a written response to the complaint within 21 days after notice of the complaint is issued. A failure to file a timely response or obtain an extension of time in which to do so will be deemed an admission of the interpreter or translator to the facts alleged in the complaint. The OPR may forward the interpreter's or translator's response to the complainant and allow the complainant to file a reply within 14 days after service of the response. After all responses have been received, or the time for filing responses has expired, the advisory committee panel may summarily dismiss the complaint pursuant to rule 47.10(3) (c) or assign the matter for further investigation. If the complaint is dismissed, the OPR will notify the complainant and the interpreter or translator of the advisory committee panel's decision.e. Advisory committee action. If the advisory committee panel does not dismiss the complaint, the panel will review the complaint upon the papers filed unless the interpreter or translator requests a hearing or the panel determines that a hearing is necessary.f. Hearing and decision.(1)Time and format of hearing. A hearing will be scheduled to occur within 60 days after the complaint is assigned to the advisory committee panel. The hearing will be informal and strict rules of evidence will not apply. During the hearing, the interpreter or translator has the right to be represented by counsel at the interpreter's or translator's expense, to confront and cross-examine witnesses, and to present evidence. The attorney general or the attorney general's designee may present evidence in support of the complaint at the hearing, except to the extent that facts have been deemed admitted under rule 47.10(3) (d).(2)Location; subpoenas; recording. The hearing will be held at the JudicialBranch Building unless state court administration and the interpreter or translator agree otherwise. An advisory committee panel member, the interpreter or translator, state court administration, or state court administration's designee, may request the clerk of the district court of the county in which the disciplinary hearing is to be held to issue subpoenas in connection with the matter, and the clerk will issue the subpoenas. Any member of the advisory committee panel is empowered to administer oaths or affirmations to all witnesses. The hearing will be recorded electronically, unless the interpreter or translator pays for a court reporter and the subsequent transcript, if necessary.(3)Burden of proof. Any grounds for discipline under rule 47.10(5) must be shown by a convincing preponderance of the evidence.(4)Advisory committee panel actions. The advisory committee panel may: 1. Dismiss the complaint.2. Impose a private admonition.3. Enter into a stipulated disposition with the interpreter.4. Impose a public reprimand.5. Require that the interpreter retake and pass one or more of the three examinations identified in rule 47.6(2) by a specified date to remain on the roster.6. Require that the interpreter take specified education courses.7. Suspend or revoke the interpreter's roster status or certification, if any.8. Suspend or bar the interpreter from interpreting in legal proceedings or court-ordered programs, or both.(5)Advisory committee panel decision. The advisory committee panel will file awritten decision with the chair of the advisory committee, with a copy sent to state court administration. State court administration will promptly forward a copy of the decision to the interpreter or translator by email and ordinary mail to the address on record with state court administration. If the determination of the advisory committee panel was a suspension or revocation of the interpreter or translator's roster status or certification, state court administration will immediately remove the interpreter or translator from the roster unless otherwise instructed in writing by the chair of the advisory committee.g. Petition for review. The interpreter or translator may file a petition for reviewof the advisory committee panel's decision with state court administration. The petition for review must be received by the state court administrator within 30 days after state court administration mails the decision to the interpreter or translator. The petition must state all claims of error that were raised before the panel and the reasons for challenging the panel's determination. State court administration will transmit the complete record in the case to the state court administrator.h. Submission and decision on review. Unless state court administration requests otherwise, the petition will be submitted based upon the record previously made and without supplementation or hearing. After considering the record, state court administration or state court administration's designee may sustain or deny the petition or enter such other appropriate order. State court administration's order is conclusive, and no petition for rehearing is permitted.i.Costs. Costs of the disciplinary proceeding will be assessed against the interpreter or translator for any private admonition, public sanction, or any agreed disposition that taxes costs against the interpreter or translator. For purposes of this rule, costs include those expenses normally taxed as costs in state civil actions pursuant to Iowa Code chapter 625, including but not limited to expert witness fees and translation, transcription, and interpreter fees. The interpreter or translator must pay the costs as a condition for reinstatement.j. Application for reinstatement. An interpreter or translator may file anapplication for reinstatement from an order suspending or revoking a certification, roster status, or privilege of interpreting or translating in court. The application must be filed with state court administration and include payment of a $100 reinstatement fee. The application must show that all conditions for reinstatement imposed in the panel's decision or any resulting state court administration decision have been satisfied, the interpreter or translator is currently fit to interpret or translate in court, and all costs have been paid. The interpreter or translator must also swear or affirm that the interpreter or translator did not provide interpreting or translating services in any legal or court proceeding during the suspension period.k. Reinstatement decision. State court administration will review theapplication for reinstatement and, if the requirements have been fulfilled, may reinstate the interpreter or translator on the roster. If any requirement has not been fulfilled, state court administration will inform the interpreter or translator of what remains to be completed before reinstatement on the roster can occur.l.Confidentiality.(1) All records, papers, proceedings, meetings, and hearings of the advisory committee panel are confidential, unless the panel imposes the following: a public reprimand; a suspension or revocation of a certification, roster status, or privilege to interpret or translate before the courts; a requirement that fees be refunded to a client for court services; or a form of discipline that the panel and the interpreter or translator agree should be made public.(2) If the advisory committee panel imposes public discipline, the decision andthe complaint will become public upon filing with state court administration.(3) Any other records and papers concerning any complaint against an interpreter or translator will remain privileged and confidential and are not subject to discovery, subpoena, or other means of legal compulsion for their release to a person other than the interpreter or translator, the attorneys, or the attorneys' agents involved in the disciplinary proceeding before the advisory committee panel. The interpreter or translator, the attorneys, or the attorneys' agents involved in the disciplinary proceeding before the panel may not disclose to any third parties any records and papers of the advisory committee or advisory committee panel concerning any complaint unless disclosure is required in the prosecution or defense of disciplinary charges. The confidential records and papers concerning any complaint are not admissible as evidence in a judicial or administrative proceeding other than the formal interpreter or translator disciplinary proceeding under this rule.(4) Every witness in every disciplinary proceeding under rule 47.10 must swear or affirm to tell the truth and not to disclose the existence of the disciplinary proceedings or the identity of the interpreter or translator until the disciplinary proceeding is no longer confidential under these rules.(5) Any communications, papers, and materials concerning any complaint that may come into the possession of a committee member are confidential, and the member must keep such confidential material in a safe and secure place.(6) Nothing in this rule prohibits the advisory committee or an advisory committee panel from releasing any information regarding possible criminal violations to appropriate law enforcement authorities, wherever located, or to interpreter or translator disciplinary and admission authorities in other jurisdictions.m. Temporary suspension. Notwithstanding the provisions of this rule, thestate court administration may temporarily remove an interpreter or translator from the roster and suspend the interpreter's right to interpret or translate in legal proceedings, court-ordered programs, and offices of the Iowa Judicial Branch upon a showing of a clear violation of the Iowa Code of Professional Conduct for Court Interpreters and Translators or exigent circumstances demonstrating that the interpreter or translator currently lacks the capacity to interpret court proceedings or translate court documents. Any suspension of an interpreter's or translator's right to interpret or translate in Iowa courts must provide the interpreter or translator with an opportunity to file a petition for review with state court administration explaining why the temporary suspension order should be lifted.(4)Procedures for complaints against sign language court interpreters.a. Complaints. A complaint against a sign language court interpreter must befiled with the Iowa Board of Sign Language Interpreters and Transliterators (board) and must follow the procedures outlined in Iowa Administrative Code 645-Chapter 363, Discipline for Sign Language Interpreters and Transliterators.b. Notice to state court administration. A sign language interpreter whoreceives a notice from the board that a complaint has been filed against the interpreter must promptly provide written notice to state court administration that a complaint has been filed against the interpreter, including the date the complaint was filed and a description of the alleged misconduct. The interpreter also must promptly provide written notice to state court administration after the disciplinary process has been concluded, including the date and type of disposition. A sign language interpreter's failure to provide these notices will be considered grounds for disciplinary action and a disciplinary process may be commenced under procedures in rule 47.10(3).(5)Grounds for discipline. The following actions may constitute misconduct for which a court interpreter may be subject to discipline:a. Violation of the Code of Professional Conduct for Court Interpreters and Translators.b. Conviction of a felony in this state or any other jurisdiction or conviction of a lesser crime that involves dishonesty or moral turpitude. A crime is a felony if it is so defined in the jurisdiction where the conviction was entered at the time of the conviction.c. Disciplinary action involving the interpreter's services in another jurisdiction.d. Discipline by the Board of Sign Language Interpreters and Transliterators pursuant to Iowa Administrative Code section 645 -Chapter 363.e. Providing incompetent interpretation, which includes, but is not limited to, repeated incomplete or inaccurate interpretation that significantly inhibits or distorts communications between an LEP person and the court or between an LEP person and that person's attorney. f. Dishonest billing for interpreter or translator services.g. Engaging in prohibited interpreting while suspended. This action may subject an interpreter to additional discipline.(6)Aggravating or mitigating circumstances. When determining the appropriate discipline for interpreter misconduct, the advisory committee panel may consider factors that include, but are not limited to, the following: a. Aggravating circumstances. Aggravating circumstances that may justify an increase in the degree of discipline imposed include, but are not limited to: (1) Prior disciplinary offenses.(2) Dishonest or selfish motive.(3) A pattern of misconduct.(5) Bad faith obstruction of the disciplinary proceeding.(6) Submission of false evidence, false statements, or other deceptive practices during disciplinary process.(7) Refusal to acknowledge wrongful nature of misconduct.(8) Harm caused by the misconduct.(9) Substantial experience as a court interpreter.b. Mitigating circumstances. Mitigating circumstances that may justify a reduction in the degree of discipline imposed include, but are not limited to: (1) Absence of a prior disciplinary record.(2) Absence of a dishonest or selfish motive.(3) Personal or emotional problems contributed to the misconduct.(4) Timely good faith effort to rectify consequences of the misconduct.(5) Full and free disclosure to the advisory committee panel or cooperative attitude toward proceedings.(6) Inexperience as a court interpreter.(7) Character or reputation.(8) Physical or mental disability or impairment.(9) Interim rehabilitation.(11) Substantial time since the prior offense(s).(7)Duty to disclose. A court interpreter or translator must disclose to the OPR any potentially disqualifying criminal or ethical misconduct as defined in rule 47.2(1) (c)(3). Ct. Inte. & Tran. R. 47.10
Court Orders December 22, 2003, April 26, 2004, and September 16, 2004, effective 11/1/2004; 8/28/2006, effective 10/1/2006; 2/14/2008, effective 4/1/2008; 8/10/2009; 12/4/2014, effective 7/1/2015; 12/13/2017, effective 1/1/2018; court order September 14, 2021, effective 10/1/2021.