Standards and Procedures of the Office of Language Access: Section 12.00: Complaint Procedures

Section 12.00 of the 2024 Standards and Procedures of the Office of Language Access

12.01 Complaints against Per Diem Court Interpreters

• (A) All complaints against per diem court interpreters shall be submitted to OLA management. Complaints may be filed by utilizing the Language Access Complaint Form⁹,attached as Appendix A and available at Court Forms. Complaints also may be made orally. If made orally, OLA will fill out the Language Access Complaint Form with the information provided, ask the complainant to review the form for accuracy and completeness, and request the complainant to sign and date the form. OLA management or staff may initiate such complaints as well.

1. The complaint should include the complainant’s name and contact information; preferred language; the date and location of the underlying incident; a detailed summary of the complaint; the names and contact information of any witnesses; and any other information relative to the complaint.
2. Anonymous complaints will be considered to the extent that the information provided includes sufficient facts. Because anonymous complaints may be more difficult to investigate, complainants are encouraged to identify themselves when bringing complaints.
3. OLA shall maintain a log of all complaints received in accordance with this section. The log shall include, at a minimum, the name of the per diem interpreter against whom the complaint was made, the date received, and the disposition of the complaint.

• (B) Upon receipt of a complaint, OLA management shall review the facts and circumstances alleged in the complaint. Following this review, OLA management may determine that the complaint should be screened out (e.g., where the incident complained about has an explanation that does not require further review). If the complaint alleges that the per diem interpreter engaged in conduct in violation of Section 5 of the Trial Court's Personnel Policies and Procedure Manual(“PPPM”), the Policy Prohibiting Discrimination, Harassment, and Retaliation, the complaint will be referred to the Office of Workplace Rights and Compliance. Also, at the discretion of OLA management, if it is determined that another office in the Trial Court should conduct the review because of the nature of the complaint, OLA management may refer the complaint to such other Trial Court office.
• (C) OLA management may determine not to provide any new assignments to the per diem interpreter during the pendency of the complaint and investigation process depending upon the seriousness of the complaint. If OLA initially decides to continue to provide new assignments to the interpreter but later learns of sufficient information or evidence during the course of their investigation that necessitates the cessation of assignments, OLA will notify the interpreter of this decision.
• (D) Where appropriate, OLA management will promptly notify the per diem interpreter against whom the complaint was made that:

1. A complaint was received and the nature of the complaint received;
2. OLA will investigate the complaint;
3. Following OLA’s investigation, the per diem interpreter will have an opportunity to either meet with OLA and respond to the complaint or submit a written response; and
4. The interpreter will or will not continue to receive assignments during OLA’s investigation.

• (E) Although it is hard to provide a firm timeframe for handling each and every complaint, the process of investigating a complaint should not take longer than 30 business days, although that time period may be extended depending on the circumstances. Extenuating circumstances include the complexity of the issues, time needed to obtain a transcription-translation of interpreting or unforeseen external factors. However, if the investigation cannot be completed within 30 business days, OLA shall notify the interpreter of its need to extend the time to complete their investigation. The notice shall be in writing (via electronic mail), and shall include a good faith estimate of the additional time will take to complete the investigation. However, except in extraordinary circumstances, an investigation must be completed within sixty (60) business days.
• (F) When the complaint involves a per diem interpreter’s interpreting ability, OLA will obtain the necessary records, such as an audio recording of the proceedings, and other relevant documentation and create a transcription-translation of the proceeding. OLA will create a digital package that includes all documentation and information obtained during the investigation, such as a link to the audio recording, the transcription-translation and any other relevant information. OLA will provide it to the per diem interpreter prior to his or her meeting with OLA to discuss the complaint or prior to the per diem interpreter’s written response.
• (G) When the complaint relates to an issue other than interpreting ability, OLA will provide all relevant information gathered during the course of the investigation to the interpreter prior to the meeting with OLA or the written response excluding any protected, confidential information or similar information.
• (H) Upon completion of the investigation, OLA may take the following actions:

1. No action;
2. Temporarily suspend the per diem interpreter pending his or her meeting with OLA training staff to review and discuss the per diem interpreters errors made during the proceedings (“mini-training”);
3. Temporarily suspend the per diem interpreter pending his or completion of an OLA designated re-training program; or
4. Remove per diem interpreter from the list of court interpreters.

• (I) Upon completion of the investigation, OLA will notify the complainant and the per diem interpreter whether the complaint was substantiated or unsubstantiated and will notify the per diem interpreter of the corrective action as set forth in paragraph (H) above.
• (J) When the per diem interpreter is temporarily suspended pending completion of either a mini-training or and OLA-designated training program:

1. OLA will continue to monitor his or her provision of interpreting services after he or she completes the relevant training; and
2. Failure to improve his or her interpreting services may result in: having to complete an additional training program; having to serve an additional suspension; or removal from the list of court interpreters.

• (K) The actions detailed in Section (H) above shall also be grounds for a judge to remove a per diem interpreter from a judicial proceeding. OLA management must be notified of all such removals.

12.02 Complaints Against Trial Court Staff Interpreters

All complaints against Trial Court staff interpreters shall be submitted to OLA management for review in the same manner detailed above (§ 12.01(A)). Complaints filed against staff interpreters will be reviewed in accordance with the Trial Court’s PPPM, these Standards and Procedures, and any applicable collective bargaining agreement. Upon conclusion of the investigation, OLA management will notify the complainant and the staff interpreter whether the complaint was substantiated or unsubstantiated.

If the complaint alleges that the staff interpreter engaged in conduct in violation of Section 5.00 of the PPPM, the complaint will be referred to the Office of Workplace Rights and Compliance for review.

12.03 Ombudsperson

The Chief Justice of the Trial Court shall appoint an Ombudsperson. The Ombudsperson will act as a neutral party; be allowed to provide feedback on Trial Court policies and procedures directly impacting per diem court interpreters; accept confidential written suggestions and information from per diem court interpreters who wish to raise concerns regarding their work as per diem court interpreters; be tasked with facilitating positive change relative to per diem court interpreters at the Trial Court; be permitted to present his or her recommendations to OLA; and serve at the pleasure of the Chief Justice of the Trial Court. The Trial Court would retain authority to decline recommendations offered by the Ombudsperson.¹⁰

10. The Trial Court’s declination of the Ombudspersons recommendation would not constitute substantial noncompliance with the MACI v. Trial Court Settlement Agreement. MACI v. EOTC, Superior Court, Civil Action No. 1684CV00969. The settlement requires only that the “Trial Court [will] discuss the feasibility of creating a voluntary Ombudsperson position.”