Certified and registered court interpreters are credentialed by the Judicial Council under Government Code section 68562. The council, as the credentialing body, has authority to review a credentialed interpreter's performance, skills, and adherence to the professional conduct requirements of rule 2.890, and to impose discipline on interpreters.
This rule clarifies the council's authority to adopt disciplinary procedures and to conduct a credential review, as set out in the California Court Interpreter Credential Review Procedures.
Under the California Court Interpreter Credential Review Procedures, all court interpreters certified or registered by the council may be subject to a credential review process after a request for a credential review alleging professional misconduct or malfeasance. Nothing in this rule prevents an individual California court from conducting its own review of, and disciplinary process for, interpreter employees under the court's collective bargaining agreements, personnel policies, rules, and procedures, or, for interpreter contractors, under the court's contracting and general administrative policies and procedures.
(1) On a request made to the council by any person, court, or other entity for the review of an interpreter's credential for alleged professional misconduct or malfeasance by an interpreter credentialed by the council, the council will respond in accordance with procedures stated in the California Court Interpreter Credential Review Procedures.
(2) On a request by the council in relation to allegations under investigation under the California Court Interpreter Credential Review Procedures, a California court is required to forward information to the council regarding a complaint or allegation of professional misconduct by a certified or registered court interpreter.
(d) Disciplinary action imposed.
The appropriateness of disciplinary action and the degree of discipline to be imposed must depend on factors such as the seriousness of the violation, the intent of the interpreter, whether there is a pattern of improper activity, and the effect of the improper activity on others or on the judicial system.
Rule 2.891 adopted effective January 1, 2020.