Vaidik, C.J.
Case Summary
R.K. (“Mother”) appeals the termination of her parental rights to her daughter, S.E. Mother, who is deaf, contends that the trial court denied her due process by requiring her to use sign language when she testified at the termination hearing. She also argues that there is insufficient evidence to support the termination order.
Trial courts have wide latitude to control the flow of the proceedings and the presentation of evidence. In some cases, an interpreter may be required to ensure that the trier of fact hears and understands a witness’s testimony. Here, the trial court could not understand Mother when she attempted to testify orally. As a result, the trial court required Mother to testify by signing to an interpreter, who then spoke Mother’s responses aloud. We conclude that this procedure did not violate Mother’s due-process rights. We also conclude that there is sufficient evidence to support the trial court’s decision to terminate the parent-child relationship. We affirm.
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Mother first contends that the trial court denied her due process by requiring her to use sign language when she testified at the termination hearing. Mother did not challenge this procedure at the trial level; instead, she raises this due-process argument for the first time on appeal.
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Waiver notwithstanding, we cannot agree that Mother was denied due process when the trial court required her to testify through an interpreter. Interpreters serve not only defendants, but our trial courts as well. In light of this dual duty, interpreters are often referred to as “defense interpreters,” who translate for the benefit of the defendant, or “proceedings interpreters.” See Arrieta v. State, 878 N.E.2d 1238, 1242-44 (Ind. 2008). Proceedings interpreters “serve[] judge, counsel, parties, and jury by translating to or from English during various events in a case.” Id. A proceedings interpreter may be required during “the taking of testimony” to ensure “that the finder of fact hears all probative testimony, some of which might otherwise be unavailable or misconstrued.” Id.
Here, the trial court initially agreed to allow Mother to testify orally, but it stopped her when it could not understand her testimony, determining that an interpreter was necessary. See Tr. p. 453-54 (Trial court: “So if I can’t understand [Mother], I’ll certainly let you know.”). The court was within its discretion in making this decision.
Indiana Rule of Evidence 611(a) explains that “[t]he court shall exercise reasonable control over the mode and order of interrogating witnesses and presenting evidence so as to (1) make the interrogation and presentation effective for the ascertainment of the truth, (2) avoid needless consumption of time, and (3) protect witnesses from harassment or undue embarrassment.” Rule 611(a) acknowledges that the process of examining witnesses, while conducted by counsel, is subject to the control of the trial court, “which has a wide discretion therein. Phases of the examination, such as the length and time that a witness shall be examined, and the manner and mode of [] examination, are under the control of, and within the discretion of, the trial court.” Sowders v. Murray, 151 Ind. App. 518, 525, 280 N.E.2d 630, 635 (1972).
We acknowledge Mother’s preference for communicating orally rather than through sign language. But we can conceive of no other method the trial court could have used that would have ensured that it heard and understood Mother’s testimony. And Mother fails to establish that testifying this way prejudiced her. Although she gives one example of testimony as proof that “communication error[s] occurred,” Appellant’s Br. p. 17, this single example does not establish that the interpreter—or Mother—made a mistake. To the extent that Mother asserts that she is not adept at using sign language, Mother never indicated that she was having difficulty explaining herself using sign language at the terminating hearings. We cannot say that the trial court violated Mother’s due-process rights by requiring her to testify by signing to an interpreter.
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Affirmed.
NAJAM, J. and BROWN, J. concur.