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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. Unfortunately, the court doesn't understand the difference between ebidta and adjusted ebidta as they clearly got the ruling wrong based on their misunderstanding

  2. A common refrain in the comments on this website comes from people who cannot locate attorneys willing put justice over retainers. At the same time the judiciary threatens to make pro bono work mandatory, seemingly noting the same concern. But what happens to attorneys who have the chumptzah to threatened the legal status quo in Indiana? Ask Gary Welch, ask Paul Ogden, ask me. Speak truth to power, suffer horrendously accordingly. No wonder Hoosier attorneys who want to keep in good graces merely chase the dollars ... the powers that be have no concerns as to those who are ever for sale to the highest bidder ... for those even willing to compromise for $$$ never allow either justice or constitutionality to cause them to stand up to injustice or unconstitutionality. And the bad apples in the Hoosier barrel, like this one, just keep rotting.

  3. I am one of Steele's victims and was taken for $6,000. I want my money back due to him doing nothing for me. I filed for divorce after a 16 year marriage and lost everything. My kids, my home, cars, money, pension. Every attorney I have talked to is not willing to help me. What can I do? I was told i can file a civil suit but you have to have all of Steelers info that I don't have. Of someone can please help me or tell me what info I need would be great.

  4. It would appear that news breaking on Drudge from the Hoosier state (link below) ties back to this Hoosier story from the beginning of the recent police disrespect period .... MCBA president Cassandra Bentley McNair issued the statement on behalf of the association Dec. 1. The association said it was “saddened and disappointed” by the decision not to indict Ferguson police officer Darren Wilson for shooting Michael Brown. “The MCBA does not believe this was a just outcome to this process, and is disheartened that the system we as lawyers are intended to uphold failed the African-American community in such a way,” the association stated. “This situation is not just about the death of Michael Brown, but the thousands of other African-Americans who are disproportionately targeted and killed by police officers.” http://www.thestarpress.com/story/news/local/2016/07/18/hate-cops-sign-prompts-controversy/87242664/

  5. What form or who do I talk to about a d felony which I hear is classified as a 6 now? Who do I talk to. About to get my degree and I need this to go away it's been over 7 years if that helps.

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