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Judges extend due process safeguards regarding interpreters to civil cases

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A trial court must take the same steps in a civil action as it does in a criminal action regarding the use of an interpreter in order to address due process concerns, the Indiana Court of Appeals held for the first time Tuesday.

The appellate court had to determine whether mother Saba Tesfamariam’s due process rights were violated during a hearing dissolving her marriage to Moghes Woldehaimanot. Both parties are from Africa and their native language is Tigrinya. Tesfamariam can’t speak English fluently, but she was taking English classes. Woldehaimanot is able to speak English fluently enough to communicate without an interpreter.

Tesfamariam requested an interpreter for the final hearing regarding Woldehaimanot’s petition for dissolution of marriage, but later told the trial court she was willing to proceed without one. But the trial court provided her one because it was “easy to do.” The trial court used Language Line, the telephone interpretation service funded by the Indiana Supreme Court.

The court awarded Woldehaimanot sole legal and physical custody of the children with Tesfamariam receiving parenting time.

Tesfamariam argued on appeal that she was denied due process because the trial court failed to administer an oath to her interpreter or ensure that the interpreter was properly qualified as an expert. Relying on Mariscal v. State, 687 N.E.2d 378, 382 (Ind. Ct. App. 1997), which addressed these issues for criminal court, the appellate court found the trial court abused its discretion by not establishing that the interpreter was qualified and by failing to administer an oath to provide an accurate translation.

The due process implications in this case are substantial, and it’s appropriate to require the same procedural safeguards as in criminal cases, wrote Judge Patricia Riley in Saba Tesfamariam v. Moghes Woldehaimanot, No. 49A02-1009-DR-1050.

Tesfamariam never objected to the interpreter errors at trial and later claimed that those errors were fundamental and not subject to waiver. The judges relied on caselaw to hold that a failure to establish the qualifications of an interpreter or to administer an oath is not a fundamental error.

There were times that the interpreter could not hear the trial, but the judges noted this was the result of technical issues and the interpreter always asked for clarification.

The Court of Appeals upheld the trial court’s decision to award full custody of the two children to Woldehaimanot.

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  • Learned Helplessness?
    The opinion states that Saba is a United States citizen. How can she be naturalized with so few English language skills that she needs an interpreter?

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  1. Just an aside, but regardless of the outcome, I 'm proud of Judge William Hughes. He was the original magistrate on the Home place issue. He ruled for Home Place, and was primaried by Brainard for it. Their tool Poindexter failed to unseat Hughes, who won support for his honesty and courage throughout the county, and he was reelected Judge of Hamilton County's Superior Court. You can still stand for something and survive. Thanks, Judge Hughes!

  2. CCHP's real accomplishment is the 2015 law signed by Gov Pence that basically outlaws any annexation that is forced where a 65% majority of landowners in the affected area disagree. Regardless of whether HP wins or loses, the citizens of Indiana will not have another fiasco like this. The law Gov Pence signed is a direct result of this malgovernance.

  3. I gave tempparry guardship to a friend of my granddaughter in 2012. I went to prison. I had custody. My daughter went to prison to. We are out. My daughter gave me custody but can get her back. She was not order to give me custody . but now we want granddaughter back from friend. She's 14 now. What rights do we have

  4. This sure is not what most who value good governance consider the Rule of Law to entail: "In a letter dated March 2, which Brizzi forwarded to IBJ, the commission dismissed the grievance “on grounds that there is not reasonable cause to believe that you are guilty of misconduct.”" Yet two month later reasonable cause does exist? (Or is the commission forging ahead, the need for reasonable belief be damned? -- A seeming violation of the Rules of Profession Ethics on the part of the commission) Could the rule of law theory cause one to believe that an explanation is in order? Could it be that Hoosier attorneys live under Imperial Law (which is also a t-word that rhymes with infamy) in which the Platonic guardians can do no wrong and never owe the plebeian class any explanation for their powerful actions. (Might makes it right?) Could this be a case of politics directing the commission, as celebrated IU Mauer Professor (the late) Patrick Baude warned was happening 20 years ago in his controversial (whisteblowing) ethics lecture on a quite similar topic: http://www.repository.law.indiana.edu/cgi/viewcontent.cgi?article=1498&context=ilj

  5. I have a case presently pending cert review before the SCOTUS that reveals just how Indiana regulates the bar. I have been denied licensure for life for holding the wrong views and questioning the grand inquisitors as to their duties as to state and federal constitutional due process. True story: https://www.scribd.com/doc/299040839/2016Petitionforcert-to-SCOTUS Shorter, Amici brief serving to frame issue as misuse of govt licensure: https://www.scribd.com/doc/312841269/Thomas-More-Society-Amicus-Brown-v-Ind-Bd-of-Law-Examiners

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