[nfbmi-talk] applies to mahs
joe harcz Comcast
joeharcz at comcast.net
Thu Feb 13 15:24:17 UTC 2014
Title II and Section 504 applies to all judicial bodies. I'm surprised that the attached document didn't mention Tennesee v. Lan.
Regardless MAHS in domonstrable fashion routinely violates and has consistently violated over time the rights of people who are blind to recive accessable information in a timely manner. This also goes to watchdogs such as myself.
Joe Harcz
Memo to Mich CourtsMEMORANDUM
DATE: October 28, 2010
TO: Circuit Court and Family Division Judges
District Court Judges
Probate Court Judges
Friends of the Court
cc: Circuit Court Administrators
Family Division Court Administrators
Probate Registers
County Clerks
FROM: Steven D. Capps, Trial Court Services Director
RE: SCAO Administrative Memorandum 2010-07
Americans with Disabilities Act (ADA) and ADA Amendments Act of
2008
Following the enactment of the ADA Amendments Act of 2008, the State Court
Administrative Office (SCAO) formed a workgroup to develop materials and make
recommendations to assist Michigan courts providing services to persons with
disabilities.
This memorandum provides an overview of the recommendations of the workgroup, the
resources developed by the workgroup, and a timeline for the implementation of those
recommendations.
Courts may call Jim Inloes at 517-373-0122, or e-mail at inloesj at courts.mi.gov with any
questions.Background:
The Americans with Disabilities Act of 1990 (ADA) and the ADA Amendments Act of
2008 (ADAAA) identify the responsibilities of courts under Title II to provide access for
citizens with disabilities to programs and services offered by public entities, including
courts. Michigan courts have an obligation to take proactive steps to remove barriers to
accessibility for people with disabilities. Nearly two million people in Michigan have
some kind of disability.
With the passage of the Americans with Disabilities Act of 1990, SCAO directed all trial
courts to develop a local policy on ADA compliance and to identify the local ADA
Coordinator responsible for their court. A model policy was created, a Request for
Accommodations form was developed (MC 70), and the list of local ADA Coordinators
was posted to the SCAO website.
The ADA Amendments Act of 2008 provides "…clear, strong, consistent, enforceable
standards addressing discrimination by reinstating a broad scope of protection to be
available under the ADA.”1 This “broad scope of protection” extends coverage under the
ADAAA to individuals who were denied coverage as a result of limiting Supreme Court
decisions.2
1 “Findings and Purposes” section of ADA Amendments Act of 2008
2
Sutton v United Air Lines, Inc., 527 U.S. 471 (1999)
Toyota Motor Manufacturing, Kentucky, Inc. v Williams, 534 U.S. 184 (2002)
SCAO created the workgroup to revisit courts’ obligations under the ADA and to
examine what new measures courts should take to be compliant with the ADA
Amendments Act of 2008. In addition, the workgroup was charged with developing
more information and guidance for courts to assure compliance with these federal
statutes.
Current Situation:
Courts in Michigan have responded to requests for accommodations from persons with
disabilities on a case-by-case basis as required by the ADA. The SCAO website provides
on-line access to the Request for Accommodation form, the model policy, the list of
ADA Coordinators, and other disability resources. However, there has not been a
comprehensive approach to training, developing guidelines, and providing some real life
questions and answers to judges and court staff on their responsibilities under the ADA.
Consequently, courts have limited knowledge about the ADA and must quickly become
educated each time a request for accommodation is made. In many jurisdictions, those
requests are infrequent.
Workgroup:
The ADA Workgroup consisted of representatives from the Michigan Judges
Association, Michigan District Judges Association, Michigan Probate Judges
Association, Michigan Association of Circuit Court Administrators, Michigan Court
Administration Association, Friend of the Court Association, Michigan Association of
Family Court Administrators, Michigan Probate and Juvenile Registers Association, and
the Michigan Court of Appeals. The workgroup met several times in the latter part of
2009 and the first eight months of 2010.
The workgroup focused on the development of materials that could aid judges, court
administrators, clerks, and local ADA Coordinators in developing local policies and
procedures that are fully compliant with the Americans with Disabilities Act of 1990 and
the ADA Amendments Act of 2008. In addition, the workgroup wanted to assure that
these materials were easy to understand, easily accessible, and provided practical
information as a supplement to what is already available on the Department of Justice
website at http://www.ada.gov. To that end, the workgroup developed the following materials:
? A Handbook for Michigan Courts on Accessibility and Accommodation for
Individuals with Disabilities.
? A new section of the Michigan Court Administration Reference Guide that
provides a detailed overview of the Americans with Disabilities Act and the ADA
Amendments Act of 2008.
? A frequently asked questions document that covers in some detail the courts’
responsibilities under the Americans with Disabilities Act and the ADA
Amendments Act of 2008.
The workgroup also made the following recommendations:
? SCAO should develop a training program for judges, court administrators, and
court staff on the requirements of Americans with Disabilities Act and the ADA
Amendments Act of 2008. That training should be mandatory for all chief judges
and court administrators.
? SCAO should design a single webpage on the Michigan Courts website that is
devoted exclusively to the Americans with Disabilities Act and the ADA
Amendments Act of 2008. The new Michigan Court Administration Reference
Guide materials and the Frequently Asked Questions document should be
available on that page, as well as the new model LAO and model policy.
? SCAO should develop a model LAO on the ADA for use by local trial courts.
? Local trial courts should be encouraged to either submit a local administrative
order or develop a policy consistent with the provisions in the model LAO
developed by SCAO.
Implementation:
1. SCAO will develop a single webpage for all ADA materials, including the
Handbook, the Michigan Court Administration Guide chapter on ADA, and the
frequently asked questions within 60 days.
2. SCAO will develop and post to the webpage a model LAO for courts to use
within 60 days. This model LAO can also be modified to serve as a local ADA
policy in the event that a court chooses not to submit an LAO for approval.
3. The Michigan Judicial Institute will work with Trial Court Services staff to
develop a training program for judges and court administrators and outline a
schedule to provide that training.
Recommendations for Trial Courts:
While the workgroup’s recommendations are developed and implemented, we suggest
that all courts do the following:
1. Review your local ADA policy and make any necessary changes that assure
compliance with the ADA and the ADA Amendments Act of 2008.
2. Update and submit to SCAO the name and title of your local ADA Coordinator.
3. Review the Handbook for Michigan Courts on Accessibility and
Accommodations for Individuals with Disabilities when it becomes available on
the SCAO webpage.
4. Review and distribute copies of the frequently asked questions document when it
is posted to the new ADA webpage.
By developing a comprehensive understanding of the ADA and ADA Amendments Act
of 2008, judges and court administrators will assure that all Michigan citizens will have
equal access to the courts.
American with Disabilities Act – Frequently Asked Questions
Title II of the ADA prohibits discrimination against qualified individuals with
disabilities in all programs, activities, and services of public entities, including
courts. The ADA applies to all state and local governments, their departments
and agencies, and any other instrumentalities or special-purpose districts of
state or local government.1
1 http://www.ada.gov/t2hlt95.htm 1. What is a "disability" under the ADA?
A “disability” is a physical, mental, or communication condition that substantially limits one
or more of the major life activities such as caring for oneself, performing manual tasks,
walking, seeing, hearing, speaking, breathing, learning, or working. Some examples include
mobility or other motor disabilities, vision disabilities, speech and hearing disabilities,
environmental sensitivities, learning disabilities, and psychological disorders. The disability
makes it hard for the person to do activities that most other people can do. It also may
restrict the person’s way of doing things and/or where and for how long the person can do a
certain activity or function. People who have a record of such disability or are regarded as
having such disability also meet the definition of "disabled" for purposes of having a
reasonable accommodation made.
2. Who is a "qualified" person with a disability?
A qualified person with a disability is one who meets the essential eligibility requirements
for the program or service offered by the court with or without reasonable accommodation.
For example, in order to be eligible for jury service the statute requires that persons be able
to read, speak, and understand the English language. A deaf person reads, speaks, and
understands the English language, so that person is qualified. However, an accommodation
must be made in order for that person to fully participate in jury service. Because the
attorney, who must use a wheelchair, is a qualified person with a disability, and is licensed to
practice law in the state, the court must make a reasonable accommodation to assure that the
courtroom is accessible for all facets of any proceeding in which the attorney must
participate.
3. How does Title II affect participation in a court’s programs, activities, and
services?
A court must eliminate any eligibility criteria for participation in programs, activities, and
services that screen out or tend to screen out persons with disabilities, unless it can establish
that the requirements are necessary for the provision of the service, program, or activity. The
court may, however, adopt legitimate safety requirements necessary for safe operation if they
are based on real risks, not on stereotypes or generalizations about individuals with
disabilities. Finally, a court must reasonably modify its policies, practices, or procedures to
avoid discrimination.
4. Are there any limitations on the program-accessibility requirement?
Yes. A public entity does not have to take any action that it can demonstrate would result in
a fundamental alteration in the nature of its program or activity, or in undue financial and
administrative burdens. This determination can only be made by the head of the public
entity or his or her designee and must be accompanied by a written statement of the reasons
for reaching that conclusion. The determination that undue burdens would result must be
based on all resources available for use in the program. If an action would result in such an
alteration or such burdens, the public entity must take any other action that would not result
in such an alteration or such burdens but would nevertheless ensure that individuals with
disabilities receive the benefits and services of the program or activity.
5. What are some examples of the types of modifications in policies and practices
that would be reasonable in most cases?
Examples include rewriting policies that categorically exclude people with disabilities from
serving on juries, such as people who are deaf or blind; permitting a witness or spectator
with diabetes to consume a snack, such as candy, as needed to maintain blood sugar levels;
permitting persons with celiac disease who require gluten free meals to bring them to court;
or explaining the words on an instruction sheet to a citizen who is mentally challenged.
6. Who may request an accommodation?
Any qualified person with a disability who has business in a state court, including attorneys,
litigants, defendants, probationers, witnesses, potential jurors, prospective employees, and
public observers of court services and programs may request reasonable accommodation by
contacting the local ADA Coordinator.
7. May spectators obtain reasonable accommodation in the courtroom?
Yes, the courts must provide auxiliary aids to courtroom spectators as needed to ensure their
equal participation in and benefit from court programs and services. Access to these services
must be provided unless the court can demonstrate that the accommodation would result in a
fundamental alteration of the nature of a service, program, or activity, or cause an undue
financial or administrative burden. For example, an untimely request for accommodation by
a spectator need not be granted if it would require a continuation of the court proceedings
that would cause the undue administrative burden of rescheduling the parties, attorneys, and
witnesses.
8. How is a request for reasonable accommodation submitted?
Each court has an ADA Coordinator who is responsible for arranging reasonable
accommodations for people with disabilities. You can access the list of court ADA
Coordinators at:
http://courts.michigan.gov/scao/services/access/ADA-Coordinators.pdf In addition, the ADA Online Request form is available at:
http://courts.michigan.gov/scao/services/access/MC70.pdf The request should identify the particular court activity or service for which accommodation
is sought; the date, time, and location where the accommodation is needed; a description of
the disability; and the type of accommodation being requested. All requests for an
accommodation will be held confidential.
9. When must the request for accommodation be made?
To avoid causing undue disruption of court proceedings or processes, requests for
accommodation must be given with reasonable notice. If the request relates to a jury
summons, the individual should contact the Jury Clerk for the court in question as soon in
advance as possible. If the request concerns a particular court proceeding, the request should
be made as soon in advance as practicable to allow time to consider the request and arrange
for reasonable accommodation.
10. Is the court required to provide the requested accommodation?
The court, with assistance from the local ADA coordinator, decides what reasonable
accommodation can be made. Primary consideration is given to the request of the individual
with the disability; however, an alternative accommodation may be offered if equally
effective. The court is not required to make modifications that would fundamentally alter the
service or program or cause an undue administrative or financial burden.
11. Who pays for the auxiliary aids and services?
Auxiliary aids and services necessary for effective communication or to enable participation
in services, other than devices of a personal nature, are to be provided at no cost to the
person with the disability. The court is responsible for providing the accommodation and
paying the incurred costs.
12. What kinds of accommodation are available?
The court must ensure that court programs are physically accessible to people with
disabilities by removing architectural barriers. Examples of architectural accommodations to
facilitate accessibility to people with disabilities are: providing wheelchair ramps (at proper
pitch and in safe locations) and wheelchair accessible restrooms in compliance with ADA
accessibility standards, as described in the response to FAQ 21; allowing sufficient time for
people with disabilities to travel to and from a barrier free restroom; adjusting the height of
public information counters; labeling facilities with Braille lettering; providing adequate
lighting in the courtrooms for those with vision disabilities; providing adjustable
microphones for witnesses; altering openings to the well so that wheelchairs can pass
through; allowing jurors and prospective jurors to sit outside the jury box or allowing
witnesses to sit outside the witness box, as applicable, if those are not accessible for a
wheelchair or if steps are required for persons who cannot easily climb up or down them.
For additional accommodations that may be provided to people with specific disabilities, see
the answers to FAQs 14 through 18.
13. What does the requirement for effective communication mean in a court?
The court must ensure that its communications with people with disabilities are as effective
as communications with others so that all can fully participate and enjoy the services and
programs provided. The provision of auxiliary aids and services, at no charge, may be a
reasonable accommodation to ensure effective communication for a person with a hearing,
visual, or speech disability. The type of auxiliary aid or service necessary to ensure effective
communication will vary in accordance with the length and complexity of the
communication involved and the individual’s specific disability and preferred mode of
communication. Every effort shall be made to meet the specific needs of the individual. The
court is not responsible, however, for providing devices of a personal nature such as
prescription eyeglasses, hearing aids, wheelchairs, and/or personal medical or attendant care.
14. What types of accommodations are available to assist people who are deaf or
hard of hearing?
Depending on the needs of the individual and the nature of the impairment, an
accommodation may involve:
? allowing the person to sit where he or she can hear better;
? allowing use of a telecommunication system to communicate;
? providing a qualified sign interpreter appointed by the court;
? or providing an assistive listening system or computer-aided transcription device.
Some deaf and hard of hearing people rely on written notes to communicate with hearing
people. Although writing can supplement other modes of communication, using it
exclusively is tedious, cumbersome, and time-consuming. Also, because literacy levels vary,
it is not accurate to assume that written notes will be effective for all deaf or hard of hearing
people.
A common misconception is that all deaf and hard of hearing people can read lips. However,
very few people can read lips well enough to understand speech, even under optimum
conditions.
Below are several effective ways to telecommunicate with deaf, hard of hearing, and speech
impaired people:
A. Text Telephone (TTY)
This is a special type of telephone with a keyboard and a small screen where typed
text appears. Every court should consider having a TTY to handle incoming calls
and for the public to use - the equivalent of a public phone booth.
B. E-mail
Another text-based way to communicate is to use e-mail through a computer, a webenabled
pager system, or a personal digital assistant.
C. Telecommunications Relay Service (TRS)
Telecommunications Relay Service (TRS) is a telephone service that allows persons
with hearing or speech disabilities to place and receive telephone calls. TRS is
available in all 50 states, the District of Columbia, Puerto Rico, and the U.S.
territories for local and/or long distance calls. TRS providers – generally telephone
companies – are compensated for the costs of providing TRS from either a state or a
federal fund. There is no cost to the TRS user.
1. How Does TRS Work?
TRS uses operators, called communications assistants (CAs), to facilitate
telephone calls between people with hearing and speech disabilities and other
individuals. Either a person with a hearing or speech disability, or a person
without such disability may initiate a TRS call. When a person with a hearing or
speech disability initiates a TRS call, the person uses a TTY or other text input
device to call the TRS relay center, and gives a CA the number of the party that
he or she wants to call. The CA in turn places an outbound traditional voice call
to that person. The CA then serves as a link for the call, relaying the text of the
calling party in voice to the called party, and converting to text what the called
party voices back to the calling party.
2. What Forms of TRS are Available?
There are several forms of TRS, depending on the particular needs of the user
and the equipment available.
a. Text-to-Voice TTY-based TRS - With this type of “traditional” TRS, a
person with a hearing or speech disability uses a special text telephone, called
a TTY, to call the CA at the relay center. TTYs have a keyboard and allow
people to type their telephone conversations. The text is read on a display
screen and/or a paper printout. A TTY user calls a TRS relay center and
types the number of the person he or she wishes to call. The CA at the relay
center then makes a voice telephone call to the other party to the call, and
relays the call back and forth between the parties by speaking what a text user
types, and typing what a voice telephone user speaks.
b. Voice Carry Over - Voice Carry Over (VCO) is a type of TRS that allows a
person with a hearing disability, who wants to use his or her own voice, to
speak directly to the called party and receive responses in text from the CA.
No typing is required by the calling party. This service is particularly useful
to senior citizens who have lost their hearing, but who can still speak.
c. Hearing Carry Over - Hearing Carry Over (HCO) is a type of TRS that
allows a person with a speech disability, who wants to use his/her own
hearing, to listen to the called party and type his/her part of the conversation
on a TTY. The CA reads the words to the called party, and the caller hears
responses directly from the called party.
d. Speech-to-Speech (STS) Relay Service - This form of TRS is used by a
person with a speech disability. A CA, who is specially trained in
understanding a variety of speech disorders, repeats what the caller says in a
manner that makes the caller's words clear and understandable to the called
party. No special telephone is needed. For more information regarding STS
visit www.fcc.gov/cgb/consumerfacts/speechtospeech.html. e. Shared Non-English Language Relay Services - Due to the large number
of Spanish speakers in the United States, the FCC requires interstate TRS
providers to offer Spanish-to-Spanish traditional TRS. Although Spanish
language relay is not required for intrastate (within a state) TRS, many states
with large numbers of Spanish speakers offer this service on a voluntary
basis. The FCC also allows TRS providers who voluntarily offer other
shared non-English language interstate TRS, such as French-to-French, to be
compensated from the federal TRS fund.
f. Captioned Telephone Service - Captioned telephone service, like VCO, is
used by persons with a hearing disability but some residual hearing. It uses a
special telephone that has a text screen to display captions of what the other
party to the conversation is saying. A captioned telephone allows the user,
on one line, to speak to the called party and to simultaneously listen to the
other party and read captions of what the other party is saying. There is a
“two-line” version of captioned telephone service that offers additional
features, such as call waiting, *69, call forwarding, and direct dialing for 911
emergency service. Unlike traditional TRS (where the CA types what the
called party says), the CA repeats or re-voices what the called party says.
Speech recognition technology automatically transcribes the CA’s voice into
text, which is then transmitted directly to the user’s captioned telephone text
display.
g. Video Relay Service (VRS) - This Internet-based form of TRS allows
persons whose primary language is American Sign Language (ASL) to
communicate with the CA in ASL using video conferencing equipment. The
CA speaks what is signed to the called party, and signs the called party’s
response back to the caller. VRS is not required by the FCC, but is offered
by several TRS providers. VRS allows conversations to flow in near real
time and in a faster and more natural manner than text-based TRS. TRS
providers that offer VRS must provide it 24 hours a day, 7 days a week, and
must answer incoming calls within a specific period of time so that VRS
users do not have to wait for a long time. For more information regarding
VRS visit: www.fcc.gov/cgb/consumerfacts/videorelay.html. h. Internet Protocol (IP) Relay Service - IP Relay is a text-based form of TRS
that uses the Internet, rather than traditional telephone lines, for the leg of the
call between the person with a hearing or speech disability and the CA.
Otherwise, the call is generally handled just like a TTY-based TRS call. The
user may use a computer or other web-enabled device to communicate with
the CA. IP Relay is not required by the FCC, but is offered by several TRS
providers. For more information regarding IP Relay, visit www.fcc.gov/cgb/consumerfacts/iprelay.html. i. IP Captioned Telephone Service – IP captioned telephone service, one of
the newest forms of TRS, combines elements of captioned telephone service
and IP Relay. IP captioned telephone service can be provided in a variety of
ways, but uses the Internet – rather than the telephone network – to provide
the link and captions between the caller with a hearing disability and the CA.
It allows the user to simultaneously listen to, and read the text of, what the
other party in a telephone conversation is saying. IP captioned telephone
service can be used with an existing voice telephone and a computer or other
Web-enabled device without requiring any specialized equipment. For more
information regarding IP captioned telephone service, visit
www.fcc.gov/cgb/consumerfacts/ipcaptioned.html. 3. 711 Access to TRS
Just as you can call 411 for information, you can dial 711 to connect to certain
forms of TRS anywhere in the United States. Dialing 711 makes it easier for
travelers to use TRS because they do not have to remember TRS numbers in
every state. Because of technological limitations, however, 711 access is not
available for the Internet-based forms of TRS (VRS and IP Relay).
For more information regarding 711, visit
www.fcc.gov/cgb/consumerfacts/711.html D. Sign Language and Interpreters
Many deaf and hard of hearing people use American Sign Language (ASL) rather
than spoken English as their primary mode of communication. ASL is a natural
language recognized globally and used by members of the deaf community here in
the United States. It is linguistically complete with unique rules for language
structure and use that include phonology, morphology, syntax, semantics, and
discourse.
Family members or amateurs who know some sign language should never interpret
for a court-related process. They may lack the techniques and skills needed for
effective interpretation, generally are not familiar with court terminology and
protocols, and have difficulty being neutral in the process.
Not all deaf or hard of hearing people are proficient in American Sign Language.
Occasionally, it will be necessary to use other means of ensuring communication. A
person who is both deaf and blind may need an interpreter skilled in tactile
communication. Some deaf and hard of hearing people do not use sign language but
require an "oral" interpreter who silently mouths the speaker’s words to them.
Complete information on sign language interpreters can be found at:
http://www6.dleg.state.mi.us/interpreter/ E. Assistive Listening Systems
Assistive Listening Systems transmit sound as directly as possible to a hearing aid.
Such systems should not be confused with audio systems that are designed to make
the sound louder. Rather than enhancing all the sounds in the room, an assistive
listening device can bring specific sounds directly to the user's ears.
F. Real-Time Transcription
Real-time transcription works effectively for individuals who have strong reading
skills and for those who do not know sign language. Because of the speed of the
transcription, it will not work for slow readers.
15. What types of accommodations are available to assist people who are legally
blind or visually disabled?
Depending on the needs of the individual and the nature of the disability, accommodation
may involve: providing forms and instructions in Braille, large print, or on audio tape;
providing assistance at the counter in filling out necessary paperwork; having written
materials read out loud in the courtroom; allowing the person to sit closer than usual if they
have limited vision; or providing additional lighting if the lighting is a problem.
People who are blind or visually disabled often can be assisted by increasing the size of an
object, by changing viewing distance, by improving illumination, and by improving contrast.
Changing size and distance go hand in hand. Size can be changed in several different ways:
an object can be made larger (such as a big-button telephone), materials can be reproduced in
a larger size (such as large print), a nearby object can be enlarged (using a magnifier), or a
far-away object can be enlarged (using a telescope). Devices can be set into glass frames,
some of which are bi-optic.
The most critical consideration for a low-vision individual is lighting. The midday offers the
best light. Halogen bulbs and lamps that place direct light on a subject are highly
recommended. When considering which bulbs to use, incandescent bulbs with a high
wattage are preferred over florescent. Florescent bulbs throw off a glaring blue light. If the
person with a visual disability is referring to notes, additional light (such as a gooseneck
lamp) may be necessary.
Contrast in written materials also can be important. The more words crowded onto a page
and the more similar the ink and paper colors, the less one can discriminate. Using 14-point
or larger black type on yellow paper will greatly increase the readability of materials.
16. What types of accommodations are available to assist people with mobility
disabilities?
Depending on the needs of the individual and the nature of the disability, accommodation
may include: having the clerk mail out forms to a person limited in his or her ability to visit
the courthouse; or holding a proceeding in a more accessible location.
Depending on the nature of the disability and the preferences of the person with the
disability, it may be a reasonable accommodation to allow the testimony of a witness to be
videotaped, or the use of video conferencing technology in lieu of a personal appearance.
These types of accommodations may be offered, but should not be forced on a person with a
mobility disability. Often, the types of accommodations discussed in the response to FAQ
12 are preferable to the person with the disability and are perceived to be more respectful of
that person’s individual rights to appear and participate in court proceedings.
Many persons with limited mobility do not initially appear to have a disability, particularly if
they do not use a cane or other assistive device. A disability may become apparent only
when the person moves about the court facility with difficulty or when a crowd or rush of
people affects the person’s balance. Signs of a limitation of mobility include unsteadiness,
walking slowly, aberrations in gait, holding back, or requiring unusual time to get around the
court facility or to follow instructions related to movement. When these conditions are
observed, it may be appropriate for court personnel to ask if any assistance is required and,
when necessary, to alert the judge that the individual may need more time. Accommodations
for such persons usually require no extra court personnel or other additional expense.
Loss of balance and falling are significant risks to persons of limited mobility in unfamiliar
public places. What accommodations are reasonable and helpful to minimize these risks?
? Proactively anticipate and minimize these risks. Conspicuously mark changes in
elevation and mark the top of steps or stairs. Don't overly polish floors, and use
products that minimize slipperiness. Have consistent and adequate lighting.
? Have adequate seating for persons who have to wait.
? Offer adequate time for breaks when a person with limited mobility is in the
courtroom so the person does not have to rush.
? Offer the person access to elevators, when available, and opportunities to sit and
remain seated when others are expected to stand.
? Offer alternate restroom facilities if the public facilities are not close to the
courtroom involved.
? Avoid risks for an individual who has difficulty climbing even a few steps or
accessing positions in a jury box with different elevations by either offering a chair
nearby or having a security person extend an arm to help steady the individual. This
can be particularly problematic if a prospective juror of limited mobility is excused
during voir dire and has to pass by other prospective jurors who are seated.
? Encourage court personnel to recognize and be responsive to mobility limitations,
such as by avoiding unnecessary rushing, not walking closely behind a person who is
moving slowly, and not passing the person from behind on the right side as opposed
to the left side. These and other similar actions can be surprising and can affect a
person’s balance.
? Refrain from giving hands-on assistance without first asking (except when a person
is in the process of falling), as an unexpected touching may affect the person’s
balance.
? Ask how best to help a person who has fallen; don't attempt to assist the person
without consent. Falls are inherently unexpected. The person may need time to
gather composure, assess whether there is an injury, or use individual means that
work best for that person to get to a standing position. After the person is up, it is
helpful to offer a chair and offer water.
? Don't move a person who has fallen and cannot move, does not want to move, or is
unconscious. Call an emergency medical service or other trained personnel to
minimize further injury. Block off the area until help arrives.
Re-evaluate handicap parking. All too frequently, handicap spaces are not the closest to the
main building entrance. At least some spaces should be near the entrance. If a ramp starts at
some distance from the entrance, some handicap spaces should be near the entrance and
some near the bottom of the ramp.
17. What types of accommodations are available to assist people with cognitive or
developmental disabilities?
Developmental disability is an umbrella term referring to disabilities present before an
individual reaches 22 years of age. Examples of developmental disabilities are cerebral
palsy, epilepsy, autism, hearing loss, Down syndrome, mental retardation, spinal injury, or
brain injury. Cognitive disabilities refer to any disability affecting mental processes.
Examples include mental retardation, attention deficit hyperactivity disorder (ADHD),
dyslexia, Alzheimer's disease, aphasia, brain injury, language delay, and learning disabilities.
Remember that many individuals with developmental and cognitive disabilities may not
have limited intellectual functioning. Those that do may require accommodation.
Depending on the needs of the individual and the nature of the disability, accommodation
may include: having the court and witnesses talk slowly or write things down; when
necessary, repeating information using different wording or a different communication
approach, allowing time for information to be fully understood; presenting information in a
clear, concise, concrete, and simple manner; when necessary, taking periodic breaks;
presenting tasks in a step-by-step manner, letting the individual perform each step after
explanation; scheduling court proceedings at a different time to meet the medical needs of
the individual; providing a coach or support person at the proceeding; or allowing videotaped
testimony or the use of video conferencing technology in lieu of a personal appearance.
18. What types of accommodations are available to assist people with psychiatric
disabilities?
A person with a psychiatric disability is someone with a mental illness, which significantly
interferes with that person’s performance of major life activities, such as learning, thinking,
communicating, and sleeping, among others. The most common forms of mental illnesses
resulting in psychiatric disabilities are anxiety disorders, depressive disorders, and
schizophrenia. Anxiety disorders are the most common group of mental illnesses and
include panic disorder, phobias, obsessive-compulsive disorder, and post-traumatic stress
disorder characterized by severe fear or anxiety associated with particular objects and
situations. Depressive disorders include major depression, manic-depressive illness, and
seasonal affective disorder characterized by disturbances or changes in moods.
Schizophrenia is a highly complex illness characterized by thoughts that seem fragmented
and difficulty processing information.
Depending on the needs of the individual and the nature of the disability, accommodation
may include: scheduling court proceedings at certain times to coincide with medication
requirements or effects; presenting information in a different manner to be better processed
by the individual such as providing instructions in a written or recorded format; changing
procedures as they relate to the interaction with witnesses and court staff in the courtroom;
eliminating distractions; speaking slowly and distinctly; or allowing videotaped testimony or
the use of video conferencing technology in lieu of a personal appearance.
19. What if the request for accommodation is denied?
Each court should have a local policy or local administrative order regarding the ADA and
the grievance procedure adopted by the court.
20. What does the ADA require for accessibility to court facilities?
Courts must ensure that individuals with disabilities are not excluded from services,
programs, and activities because existing buildings are inaccessible. Court programs, when
viewed in their entirety, must be readily accessible to and usable by individuals with
disabilities. This standard, known as program accessibility, applies to court facilities that
existed on January 26, 1992. Courts do not necessarily have to make each of their existing
facilities accessible if the service, program, or activity can be made accessible in another
manner. For example, if a court holds hearings on the second floor of a building without
elevators, it can make the program accessible by holding the hearings in an accessible room
on the first floor or in another facility. The specific judicial system will be viewed in its
entirety when determining accessibility. Therefore, if the court system in a particular
jurisdiction consists of numerous facilities, and a specific proceeding can be moved within
reason from an inaccessible facility to an accessible facility, the specific judicial system
would be in compliance with the program-accessibility requirements.
21. How can a court determine if a new building is accessible?
A court facility will be in compliance with the ADA for new construction and alterations if it
follows either of two accessibility standards. It can choose either the Uniform Federal
Accessibility Standards (UFAS) or the Americans with Disabilities Act Standards for
Accessible Design (ADA Standards). If the court chooses the ADA Standards, it is not
entitled to the elevator exemption (that permits certain private buildings under three stories
or under 3,000 square feet per floor to be constructed without an elevator). The ADA
Standards contain requirements necessary to make a building or other facility architecturally
(physically) accessible to people with disabilities. The ADA Standards identify what features
need to be accessible, set forth the number of those features that need to be made accessible,
and then provide the specific measurements, dimensions, and other technical information
needed to make the feature accessible.
22. What are the alteration requirements for historic court buildings?
Alteration of courthouses must comply with the specific provisions governing historic
properties in ADA Standards or UFAS to the maximum extent feasible. Under those
provisions, alterations should be done in full compliance with the alterations standards for
other types of buildings. However, if following the usual standards would threaten or
destroy the historic significance of a feature of the courthouse, alternative standards may be
used. The decision to use alternative standards for that feature must be made in consultation
with the appropriate historic advisory board designated in ADA Standards or UFAS, and
interested persons, including those with disabilities, should be invited to participate in the
decision-making process.
The alternative requirements for historic buildings or facilities provide for minimal levels of
access. For example:
? An accessible route is only required from one site access point (such as the
parking lot).
? A ramp may be steeper than is ordinarily permitted.
? The accessible entrance does not need to be the one used by the general public.
? Only one accessible toilet is required, and it may be unisex.
? Accessible routes are required on the level of the accessible entrance and on
other levels where practicable.
23. What type of funding is available to help courts comply with the ADA?
The Department of Justice occasionally has funding available for ADA related projects and
technical assistance. Their website address is: http://www.justice.gov/10grants 24. What options are available to a court if it determines that it cannot adequately
provide the requested accommodation?
Courts should consider contacting local advocacy groups, libraries, or other entities that may
have resources available at no or minimal cost.
25. What is an assistance animal?
Assistance animals help people with disabilities in their day-to-day activities. Some
examples include: guiding a blind or visually disabled person; alerting people with hearing
impairments to sounds; pulling wheelchairs or carrying and picking up things for people with
mobility disabilities; and assisting people with mobility disabilities with balance.
26. Are assistance animals allowed in the courts?
An assistance animal must be permitted to accompany the individual with a disability to all
areas of the facility where customers are normally allowed to go.2 An individual with an
assistance dog may not be segregated from other members of the public.
2 MCL 37.1302
The care and supervision of the assistance dog is the sole responsibility of the owner. The
court is not required to provide care, food, or a special location for the animal.
What if an assistance dog barks or growls at other people, or otherwise acts out of control or
disruptive of the courtroom proceedings? It first must be noted that assistance dogs have
special training and often are bred, selected, and continued in their training programs for
their ability to function in difficult circumstances. Usually, an assistance dog that acts
inappropriately does so as a response to the possibly inappropriate actions of others in the
immediate area. When an assistance dog is present, the owner should be consulted as to how
to encourage others to act in an appropriate manner. This is usually best done by advising
them to ignore the dog’s presence, not to speak to the dog or touch it, to allow it to do its
work in an unfettered way, and not to take any actions that could be perceived as presenting
a danger to the owner. In the rare instance when disruptive behavior happens, an assistance
dog may be excluded from the courthouse if there is reason to believe the animal's behavior
poses a direct threat to the health or safety of others. A service animal that displays vicious
behavior towards other customers may be excluded. In addition, a court is not required to
accommodate an assistance animal if it would result in a fundamental alteration of the nature
of the court’s business. A dog that barks during a hearing may be excluded; however, before
excluding an assistance dog, the owner and possibly experts familiar with the particular type
of assistance dog and its training should be consulted to determine what other measures short
of exclusion may be taken. The owner can most likely assist in identifying experts who may
be affiliated with the dog’s training program. In the event an assistance dog is excluded, the
individual with the disability should be given the option of continuing his or her participation
in the court services. Most important, there should be consultation with the owner and
possibly with experts in how best to exclude the animal with minimal disruption to its
current and future ability to be of service.
General ADA Compliance in Courts
27. What is a self-evaluation and what does it require courts to do?
A self-evaluation is a public entity’s assessment of its current policies and practices. The
ADA requires that courts perform a self-assessment of their programs, services, and facilities
to determine whether the courts are in compliance with the act. The self-evaluation identifies
and corrects those policies and practices that are inconsistent with Title II’s requirements. If
the self-assessment identifies areas in which the court is not in compliance with the ADA,
the court must formulate a plan to address the problems. All public entities, including courts,
should have completed a self-evaluation by January 26, 1993. Structural changes to achieve
program accessibility should have been completed by January 26, 1995. A court that has not
completed its self-evaluation transition plan should take steps to do so.
28. Who has the responsibility for ADA compliance when courts are located in
buildings that are owned or leased by another government agency?
The ADA places the legal obligation on each agency respectively. When agencies share the
same building, they can work to ensure that facility modifications are made as needed to
provide program accessibility. Each agency is responsible for ensuring effective
communication and for providing auxiliary aids and services as needed. It is often possible
to share resources or equipment, such as assistive listening systems or Braille printers.
Self-Evaluation Checklist
Instructions: Please check all statements to which you can answer “yes.”
Access Route, Parking, and Entrances
? 1. The access route to the entrance is free of barriers.
? 2. There is a ramp to ensure access for those using walkers, wheelchairs, crutches,
etc.
? 3. The ground on the access route is even and the surface is not slippery.
? 4. There are handicapped parking spaces available.
? 5. These spaces are designated with signs.
? 6. These spaces are designated with pavement markings.
? 7. All inaccessible entrances have signs indicating the location of the nearest
accessible entrance.
? 8. The only accessible entrance is a service entrance.
Doors and Elevators
? 9. The door is equipped with (check all that apply):
? automatic opener
? a bell
? an intercom
? lever handle
? handle at low spot accessible to person using a wheelchair
? doorknob at normal height
? low threshold to allow wheelchair access
? 10. The door is wide enough to allow wheelchair access.
? 11. There is a working elevator.
? 12. There are ramps, lifts, or elevators to all public levels.
? 13. There are visible and audible door opening/closing indicators.
? 14. The elevator’s emergency intercom or phone is usable without voice
communication.
? 15. The elevator’s emergency intercom/phone is identified by Braille and raised
letters.
Restrooms, Fountains, Meeting Spaces
? 16. At least one restroom is fully accessible.
? lever handles throughout
? space to turn and maneuver wheelchair
? lavatory height is accessible
? toilet height is accessible
? 17. There is at least one drinking fountain that is wheelchair accessible.
? 18. There is at least one meeting room that is accessible for public functions.
? 19. Meeting space(s) has aisles wide enough to accommodate a wheelchair.
Communication Accommodation
? 20. There is an emergency warning system
? equipped with flashing lights
? equipped with audible signals
? 21. Maryland Relay is available.
? 22. Signs indicate that relay services are available.
? 23. Signs indicate website addresses to access materials and information.
? 24. Brochure racks are accessible to someone using a wheelchair.
? 25. Publications are available in other formats:
? Large print
? Braille
? Audiotape
? Captioned video
? Dubbed/voiced-over video
? Electronic media/web-based versions
? Other ________________________________________________
Americans with Disabilities Act
TABLE OF CONTENTS
16-01 Introduction
A. 1990 Act 16-01-01
B. ADA Fundamentals 16-01-01
16-02 Disability Defined and Who is Covered
A. ADA Definition 16-02-01
B. Determining Whether an Individual has a Disability 16-02-01
16-03 Qualified Person with a Disability
A. Reasonable Modification 16-03-01
B. Effective Communication 16-03-02
16-04 What is Covered
A. Programs, Services, and Activities 16-04-01
B. Integrated Setting 16-04-01
16-05 Facilities
A. Before January 26, 1992 16-05-01
B. After January 26, 1992 16-05-01
16-06 Enforcement and Remedies
A. Filing a Complaint 16-06-01
B. Potential Remedies 16-06-01
TABLE OF CONTENTS (continued)
16-07 Administrative Requirements
A. Designating an ADA Coordinator 16-07-01
B. Notice of the ADA?s Provisions 16-07-01
C. Establishing and Publishing Grievance Procedures 16-07-02
16-08 Grievance Procedure
A. Sample Grievance Procedure 16-08-01
16-01 Introduction
A. 1990 Act
The Americans with Disabilities Act (ADA) was passed July 26, 1990, as Public Law
101-336 (42 USC Sec. 12101 et seq), and became effective on January 26, 1992. The
ADA is landmark federal legislation that opens up services and employment
opportunities to the 43 million Americans with disabilities. The law was written to strike
a balance between the reasonable accommodation of citizens' needs and the capacity of
private and public entities to respond. It is not an affirmative action law but is intended
to eliminate illegal discrimination and level the playing field for disabled individuals.
On September 25, 2008, the ADA Amendment Act of 2008 (ADAAA) was signed into
law and became effective on January 1, 2009. The ADA was amended as a result of
Supreme Court decisions that narrowed the definition of disability in unexpected ways.1 1 Sutton v United Airlines Inc. 527 U.S. 471 (1999), School Board Of Nassau County v Arline, 480 U.S. 273 (1987),
Toyota Motor Manufacturing, Kentucky, Inc. v Williams, 534 U.S. 1884 (2002)
2 42 U.S. Chapter 126, Subchapter II, Part A, §12132
While the ADA has five separate titles, Title II is the section specifically applicable to
“public entities” (state and local governments) and the programs, services, and activities
they deliver. The Department of Justice (“DOJ” or the “Department”), through its Civil
Rights Division, is the key agency responsible for enforcing Title II and for coordinating
other federal agencies? enforcement activities under Title II.
The Department?s Title II regulations for state and local governments are found at Title
28, Code of Federal Regulations, Part 35 (abbreviated as 28 CFR pt. 35). The ADA
Standards for Accessible Design are located in Appendix A of Title 28, Code of Federal
Regulations, Part 36 (abbreviated as 28 CFR pt. 36 app. A). Those regulations, the
statute, and many helpful technical assistance documents are located on the ADA Home
Page at http://www.ada.gov and on the ADA technical assistance CD-ROM, available
without cost from the toll-free ADA Information Line at 1-800-514-0301 (voice) and 1-
800-514-0383 (TTY). B. ADA Fundamentals
The cornerstone of Title II of the ADA is this: no qualified person with a disability may
be excluded from participating in, or denied the benefits of, the programs, services, and
activities provided by state and local governments because of a disability.2
16-02 Disability Defined and Who is Covered
A. ADA Definition
The ADA defines disability as a mental or physical impairment that substantially limits
one or more major life activities.3 ADA protection extends not only to individuals who
currently have a disability, but to those with a record of a mental or physical impairment
that substantially limits one or more major life activities, or who are perceived or
regarded as having a mental or physical impairment that substantially limits one or more
major life activities.4
3 42 USC § 12202(2)(A).
4 42 USC § 12102(2)(B) & (C).
5 28 CFR § 35.104(1)(i)(A).
6 28 CFR § 35.104(1)(i)(A).
7 28 CFR § 35.104(1)(i)(B).
8 28 CFR § 35.104(1)(i)(B).
9 28 CF. § 35.104(1)(ii).
10 Toyota Motor Mfg., Kentucky, Inc. v Williams, 534 U.S. 184 (2002).
11 Bragdon v Abbott, 524 U.S. 624, 638-49 (1999). The Supreme Court has questioned whether “working” is a
major life activity. However, “working” is identified as a major life activity under the regulations for Title II of the
ADA, 28 CFR § 35.104, and the regulations for Title I of the ADA, 29 CFR § 1630.2(I).
12 Toyota, 534 U.S. 184.
B. Determining Whether an Individual has a Disability
Three things to ask when determining whether an individual has a disability for purposes
of the ADA are:
One: Does the individual have an impairment?
A physical impairment is a physiological disorder or condition, cosmetic disfigurement,
or anatomical loss impacting one or more body systems.5 Examples of body systems
include neurological, musculoskeletal (the system of muscles and bones), respiratory,
cardiovascular, digestive, lymphatic, and endocrine.6
A mental impairment is a mental or psychological disorder.7 Examples include mental
retardation, emotional or mental illness, and organic brain syndrome.8
The Department?s regulations also list other impairments, including contagious and noncontagious
diseases; orthopedic, vision, speech and hearing impairments; cerebral palsy;
epilepsy; muscular dystrophy; multiple sclerosis; cancer; heart disease; diabetes; specific
learning disabilities; HIV disease (with or without symptoms), tuberculosis, drug
addiction, and alcoholism.9
Two: Does the impairment limit any major life activities?
An impairment cannot be a disability unless it limits something, and that something is
one or more major life activities. A major life activity is an activity that is central to
daily life.10 According to the Department?s regulations, major life activities include
walking, seeing, hearing, breathing, caring for oneself, sitting, standing, lifting, learning,
thinking, working,11 and performing manual tasks that are central to daily life.12 The
Supreme Court has also decided that reproduction is a major life activity.13 This is not a
complete list. Other activities may also qualify, but they need to be activities that are
important to most people?s lives.
13 Bragdon v Abbott, 524 U.S. 624 (1988).
14 Toyota, 534 U.S. 184.
15 Sutton v United Airlines, Inc., 527 U.S. 471 (1999).
Three: Is the limitation on any major life activity substantial?
Not only must a person have an impairment that limits one or more major life activities,
but the limitation of at least one major life activity must be “substantial.” An impairment
“substantially limits” a major life activity if the person cannot perform a major life
activity the way an average person in the general population can, or is significantly
restricted in the condition, manner, or duration of doing so. An impairment is
“substantially limiting” under the ADA if the limitation is “severe,” “significant,”
“considerable," or "to a large degree."14 The ADA protects people with serious, longterm
conditions. It does not protect people with minor, short-term conditions.
Here are some things to think about when trying to decide if an impairment is
substantially limiting:
? What kind of impairment is involved?
? How severe is it?
? How long will the impairment last, or how long is it expected to last?
? What is the impact of the impairment?
? How do mitigating measures, such as eyeglasses and blood pressure medication,
affect the impairment? The Supreme Court has ruled that, if an impairment does
not substantially limit one or more major life activities because of a mitigating
measure an individual is using, the impairment may not qualify as a disability.15
Remember, however, that mitigating measures such as blood pressure medication
may sometimes impose limitations on major life activities, and those must be
considered as well.
16-03 Qualified Person with a Disability
Having an impairment that substantially limits a major life activity may mean that a
person has a disability, but that alone does not mean that the individual is entitled to
protection under the ADA. A person with a disability must also qualify for protection
under the ADA. A “qualified individual with a disability” is someone who meets the
essential eligibility requirements for a program, service, or activity with or without (1)
reasonable modifications to rules, policies, or procedures; (2) removal of physical and
communication barriers; and (3) providing auxiliary aids or services for effective
communications.16
16 28 CFR § 35.105
Essential eligibility requirements can include minimum age limits or height requirements
(such as the age at which a person can first legally drive a car or height requirements to
ride a particular roller coaster at a county fair). Because there are so many different
situations, it is hard to define this term other than by examples. In some cases, the only
essential eligibility requirement may be the desire to participate in the program, service,
or activity.
What happens if an individual with a disability does not meet the eligibility
requirements? In that case, you will have to look further to determine if the person with
the disability is entitled to protection under the ADA. When a person with a disability is
not qualified to participate or enjoy a program, service, or activity under Title II, there
may be ways to enable the individual to participate, including, for example:
? Making a reasonable modification to the rule, policy, or procedure that is
preventing the individual from meeting the requirements,
? Providing effective communication by providing auxiliary aids or services, or
? Removing any architectural barriers.
A. Reasonable Modification
Public entities must reasonably modify their rules, policies, and procedures to avoid
discriminating against people with disabilities. Requiring a driver?s license as proof of
identity is a policy that would be discriminatory because there are individuals whose
disability makes it impossible for them to obtain a driver?s license. In that case it would
be a reasonable modification to accept another type of government-issued I.D. card as
proof of identification.
Examples of reasonable modifications:
? Granting a zoning variance to allow a ramp to be built inside a set-back.
? Permitting a personal attendant to help a person with a disability to use a public
restroom designated for the opposite gender.
? Permitting a service animal in a place where animals are typically not allowed,
such as a cafeteria or a courtroom.
Are there times when a modification to rules, policies, and procedures would not be
required? Yes, when providing the modification would fundamentally alter the nature of
the program, service, or activity.17
17 28 CFR § 35.130(b) (7).
A fundamental alteration is a change to such a degree that the original program, service,
or activity is no longer the same. For example, a city sponsors college-level classes that
may be used toward a college degree. To be eligible to enroll, an individual must have
either a high school diploma or a General Educational Development certificate
(“G.E.D”). If someone lacks a diploma or G.E.D. because of a cognitive disability,
would the city have to modify the policy of requiring a high school diploma or G.E.D.?
Probably not. Modifying the rule would change the class from college level to something
less than college level and would fundamentally alter the original nature of the class.
B. Effective Communication
People with disabilities cannot participate in government-sponsored programs, services,
or activities if they cannot understand what is being communicated. What good would it
do for a deaf person to attend a city council meeting to hear the debate on a proposed law
if there was no qualified sign language interpreter or real-time captioning (that is, a
caption of what is being said immediately after the person says it)? The same result
occurs when a blind patron attempts to access the internet on a computer at a county?s
public library when the computer is not equipped with screen reader or text enlargement
software. Providing effective communication means offering auxiliary aids and services
to enable someone with a disability to participate in the program, service, or activity.
Types of Auxiliary Aids and Services
There are a variety of auxiliary aids and services. Here are a few examples.
? For individuals who are deaf or hard of hearing: qualified sign-language and
oral interpreters, note takers, computer-aided transcription services, written
materials, telephone headset amplifiers, assistive listening systems, telephones
compatible with hearing aids, open and closed captioning, videotext displays, and
TTYs (teletypewriters).
? For individuals who are blind or have low vision: qualified readers, taped texts,
Braille materials, large print materials, materials in electronic format on compact
discs or in e-mails, and audio recordings.
? For individuals with speech impairments: TTYs, computer stations, speech
synthesizers, and communications boards.
Persons with disabilities should have the opportunity to request an auxiliary aid, and you
should give „primary consideration? to the aid requested. Primary consideration means
that the aid requested should be supplied unless: (1) you can show that there is an equally
effective way to communicate; or (2) the aid requested would fundamentally alter the
nature of the program, service, or activity.
Example: A person who became deaf late in life is not fluent in sign language. To
participate in her defense of criminal charges, she requests real time computer-aided
transcription services. Instead, the court provides a qualified sign language interpreter. Is
this effective? No. Providing a sign language interpreter to someone who does not use
sign language is not effective communication
The Cost of Doing Business
The expense of making a program, service, or activity accessible or providing a
reasonable modification or auxiliary aid may not be charged to a person with a disability
requesting the accommodation.18
18 28 CFR § 35.130(f).
Example: If a person asks for a sign language interpreter at a court hearing, the cost may
not be passed along to the person requesting that accommodation.
Barriers to Accessibility
Examples:
Architectural
? A building has just one entrance that is up a flight of stairs and has no ramp.
? The door to the only public restroom in a building is 28 inches wide.
Policies and Procedures
? Requiring a driver?s license to obtain a library card from the public library.
? A “No Animals” rule (without an exception for service animals) to enter a pie
baking booth at a county fair.
Effective Communication
? No assistive listening system for public meetings by a City Council.
? A state?s website that cannot be accessed by blind people using screen reader
software or those with low vision using text enlargement software.
16-04 What is Covered
A. Programs, Services, and Activities
Public entities may provide a wide range of programs, services, and activities. Police,
fire, corrections, and courts are services offered by public entities. Administrative
duties such as tax assessment or tax collection are services. Places people go such as
parks, polling places, stadiums, and sidewalks are covered. These are just some
examples (and by no means a complete list) of the types of programs, services, and
activities typically offered by state and local governments.
B. Integrated Setting
One of the main goals of the ADA is to provide people with disabilities the
opportunity to participate in the mainstream of American society. Commonly known
as the “integration mandate,” public entities must make their programs, services, and
activities accessible to qualified people with disabilities in the most integrated way
appropriate to their needs.19
19 28 CFR § 35.130(d).
20 28 CFR § 35.130(b)(1)(iv).
21 28 CFR § 35.130(b)(2).
Separate or special activities are permitted under Title II of the ADA to ensure that
people with disabilities receive an equal opportunity to benefit from the government?s
programs, services, or activities.20 However, even if a separate program is offered to
people with disabilities or people with one kind of disability, a public entity cannot
deny a person with a disability access to the regular program. Under the ADA, people
with disabilities get to decide which program they want to participate in, even if the
public entity does not think the individual will benefit from the regular program.21
16-05 Facilities
The ADA treats facilities that were built before it went into effect differently from those
built or renovated afterwards. The key date to remember is January 26, 1992, when
Title II?s accessibility requirements for new construction and alterations took effect.22
22 28 CFR § 35.151
23 28 CFR §§ 35.150 - 35.151.
24 28 CFR § 35.150.
A. Before January 26, 1992
Facilities built before January 26, 1992, are referred to as “pre-ADA” facilities.23 If
there is an architectural barrier to accessibility in a pre-ADA facility, you may
remove the barrier using the ADA Standards for Accessible Design or the Uniform
Federal Accessibility Guidelines (UFAS) as a guide, or you may choose to make the
program, service, or activity located in the building accessible by providing “program
access.24 Program access allows you to move the program to an accessible location,
or use some way other than making all architectural changes to make the program,
service, or activity readily accessible to and usable by individuals with disabilities.
B. After January 26, 1992
Any facility built or altered after January 26, 1992, must be “readily accessible to and
usable by” persons with disabilities. For ADA compliance purposes, any facility
where construction commenced after January 26, 1992, is considered “new,” “newly
constructed,” or “post-ADA.” “Readily accessible to and usable by” means that the
new or altered building must be built in strict compliance with either the ADA
Standards for Accessible Design or UFAS.
Altering (renovating) a building means making a change in the usability of the altered
item. Examples of changes in usability include: changing a low pile carpet to a thick
pile carpet, moving walls, installing new toilets, or adding more parking spaces to a
parking lot. Any state or local government facility that was altered after January 26,
1992, was required to be altered in compliance with the ADA Standards or UFAS.
When part of a building is altered, the alterations must be made in strict compliance
with architectural standards, including creating an accessible path of travel to the
altered area.
16-06 Enforcement and Remedies
A. Filing a Complaint
An individual or a specific class of individuals or their representative alleging
discrimination on the basis of disability by a state or local government may either file:
? An administrative complaint with the Department of Justice or another
appropriate federal agency; or
? A lawsuit in federal district court.
If an individual files an administrative complaint, the Department of Justice or
another federal agency may investigate the allegations of discrimination. Should the
agency conclude that the public entity violated Title II of the ADA, it will attempt to
negotiate a settlement with the public entity to remedy the violations. If settlement
efforts fail, the agency that investigated the complaint may pursue administrative
relief or refer the matter to the Department of Justice. The Department of Justice will
determine whether to file a lawsuit against a public entity to enforce Title II of the
ADA.
B. Potential Remedies
Potential remedies (both for negotiated settlements with the Department of Justice
and court-ordered settlements when the Department of Justice files a lawsuit) include:
? Injunctive relief to enforce the ADA (such as requiring that a public entity make
modifications so a building is in full compliance with the ADA Standards for
Accessible Design or requiring that a public entity modify or make exceptions to
a policy);
? Compensatory damages for victims; and/or
? Back pay in cases of employment discrimination by state or local governments.
In cases where there is federal funding, fund termination is also an enforcement
option that federal agencies may pursue.
16-07 Administrative Requirements
A. Designating an ADA Coordinator
If a public entity has 50 or more employees, it is required to designate at least one
responsible employee to coordinate ADA compliance. A government entity may
elect to have more than one ADA Coordinator. Although the law does not refer to this
person as an “ADA Coordinator,” this term is commonly used in state and local
governments across the country.
The ADA Coordinator is responsible for coordinating the efforts of the government
entity to comply with Title II and investigating any complaints that the entity has
violated Title II. The name, office address, and telephone number of the ADA
Coordinator must be provided to interested persons.
Benefits of an ADA Coordinator
There are many benefits to having a knowledgeable ADA coordinator, even for
smaller public entities that are not required to have one.
For members of the public, having an ADA Coordinator makes it easy to identify
someone to help them with questions and concerns about disability discrimination.
For example, the ADA Coordinator is often the main contact when someone wishes
to request an auxiliary aid or service for effective communication, such as a sign
language interpreter or documents in Braille. A knowledgeable ADA Coordinator
will be able to efficiently assist people with disabilities with their questions. The
coordinator will also be responsible for investigating complaints.
Having an ADA Coordinator also benefits state and local government entities. It
provides a specific contact person with knowledge and information about the ADA so
that questions by staff can be answered efficiently and consistently. In addition, she
or he coordinates compliance measures and can be instrumental in ensuring that
compliance plans move forward. With the help of ADA Best Practices Tool Kit for
State and Local Governments (http://www.ada.gov/pcatoolkit/chap1toolkit.htm), ADA Coordinators can take the lead in auditing their state or local government?s
programs, policies, activities, services, and facilities for ADA compliance.
B. Notice of the ADA’s Provisions
The second administrative requirement is providing public notice about the ADA.
Regardless of the entity?s size, the ADA notice requirement applies. The ADA notice
requirement applies to ALL state and local governments covered by Title II, even
localities with fewer than 50 employees.
There are three main considerations for providing notice:
1. Who is the target audience for the ADA notice?
The target audience for public notice includes applicants, beneficiaries, and other
people interested in the state or local government?s programs, activities, or
services. The audience is expansive, and includes everyone who interacts – or
would potentially interact – with the state or local government.
2. What information shall the notice include?
The notice is required to include relevant information regarding Title II of the
ADA, and how it applies to the programs, services, and activities of the public
entity.
The notice should not be overwhelming. An effective notice states the basics of
what the ADA requires of the state or local government without being too
lengthy, legalistic, or complicated. It should include the name and contact
information of the ADA Coordinator.
3. Where and how should the notice be provided?
It is the obligation of the head of the public entity to determine the most effective
way of providing notice to the public about their rights and the public entity?s
responsibilities under the ADA.
Publishing and publicizing the ADA notice is not a one-time requirement. State
and local governments should provide the information on an ongoing basis,
whenever necessary. If you use the radio, newspaper, television, or mailings, republish
and rebroadcast the notice periodically.
C. Establishing and Publishing Grievance Procedures
Local governments with 50 or more employees are required to adopt and publish
procedures for resolving grievances arising under Title II of the ADA. Grievance
procedures set out a system for resolving complaints of disability discrimination in a
prompt and fair manner.
Neither Title II nor its implementing regulations describe what ADA grievance
procedures must include. However, the Department of Justice has developed a model
grievance procedure that is included at the end of this chapter.
The grievance procedure should include:
? A description of how and where a complaint under Title II may be filed with the
government entity;
? If a written complaint is required, a statement notifying potential complainants
that alternative means of filing will be available to people with disabilities who
require such an alternative;
? A description of the time frames and processes to be followed by the complainant
and the government entity;
? Information on how to appeal an adverse decision; and
? A statement of how long complaint files will be retained.
Once a state or local government establishes a grievance procedure under the ADA, it
should be distributed to all agency heads. Post copies in public spaces of public
buildings and on the government?s website. Update the procedure and the contact
information as necessary.
In addition, the procedure must be available in alternative formats so that it is
accessible to all people with disabilities.
[SAMPLE]
[Name of court]
Grievance Procedure under
The Americans with Disabilities Act
This Grievance Procedure is established to meet the requirements of the Americans with
Disabilities Act of 1990 ("ADA"). It may be used by anyone who wishes to file a complaint
alleging discrimination on the basis of disability in the provision of services, activities, programs,
or benefits by the [name of court]. The [e.g. (name of) court]'s Personnel Policy governs
employment-related complaints of disability discrimination.
The complaint should be in writing and contain information about the alleged discrimination,
such as the name, address, and phone number of the complainant and the location, date, and
description of the problem. Alternative means of filing complaints, such as personal interviews
or a taped recording of the complaint, will be made available for persons with disabilities upon
request.
The complaint should be submitted by the grievant and/or his/her designee as soon as possible,
but no later than 60 calendar days after the alleged violation, to:
[Insert ADA Coordinator’s name]
ADA Coordinator [and other title if appropriate]
[Insert ADA Coordinator’s mailing address]
Within 15 calendar days after receipt of the complaint, [ADA Coordinator's name] or [his/her]
designee will meet with the complainant to discuss the complaint and the possible resolutions.
Within 15 calendar days of the meeting, [ADA Coordinator's name] or [his/her] designee will
respond in writing, and when appropriate, in a format accessible to the complainant. The
response will explain the position of the [name of court] and offer options for substantive
resolution of the complaint.
If the response by [ADA Coordinator's name] or [his/her] designee does not satisfactorily
resolve the issue, the complainant and/or his/her designee may appeal the decision within 15
calendar days after receipt of the response to the [Court Administrator/or Chief Judge] or
[his/her] designee.
Within 15 calendar days after receipt of the appeal, the Court Administrator or Chief Judge]
or [his/her] designee will meet with the complainant to discuss the complaint and possible
resolutions. Within 15 calendar days after the meeting, the [Court Administrator or Chief
Judge] or [his/her] designee will respond in writing, and, when appropriate, in a format
accessible to the complainant, such as large print, Braille, or audio tape, with a final resolution of
the complaint.
All written complaints received by [name of ADA Coordinator] or [his/her] designee, appeals
to the [Court Administrator or Chief Judge] or [his/her] designee, and responses from these
two offices will be retained by the [court] for at least three years.
[SAMPLE]
(Name of Court)
Americans with Disabilities Act
Grievance Form
Please provide the following information:
1. Name: ____________________________________________________________
Address: __________________________________________________________
City: ____________________________ State: _____ Zip Code: _____________
Home Phone: _____________________ Cell Phone: ______________________
E-mail address: _____________________________________________________
2. Date the aggrieved action occurred or was observed: _______________________
3. Name and location of the court program or service involved that is the subject of the
complaint.
Name of program or service: __________________________________________
Address: __________________________________________________________
City: ____________________________ State ________ Zip code: ___________
4. Name(s) of the Court employee representative with whom you made contact regarding
the subject of this grievance:
__________________________________________________________________
__________________________________________________________________
5. Describe why you believe you are the victim of discrimination on the basis of disability
in the delivery of (name of court) programs and services:
__________________________________________________________________
__________________________________________________________________
__________________________________________________________________
__________________________________________________________________
______________________________________ ________________________
Signature of Grievant Date
A Handbook for Michigan Courts on Accessibility and
Accommodation
for Individuals with Disabilities
Contents Acknowledgements ............................................................................................................. iv Overview ............................................................................................................................. 1 Introduction ......................................................................................................................... 2 PART I: An Overview of the Americans with Disabilities Act of 1990 (ADA) and the
ADA Amendments Act of 2008. ........................................................................................ 5 The Americans with Disabilities Act (ADA) ................................................................. 5 The ADA Amendments Act of 2008 (ADAAA) ............................................................ 5 Equal Opportunity ........................................................................................................... 5 Defining Disability Pursuant to the ADA ....................................................................... 6 Qualified Individual with a Disability ............................................................................ 7 Activities Covered by the ADA ...................................................................................... 8 Integrated Settings .......................................................................................................... 9 PART II: Interacting With Persons With Disabilities ....................................................... 10 General Considerations ................................................................................................. 10 Special Considerations for Judges in the Courtroom.................................................... 11 Using Person-First Language ........................................................................................ 11 Interacting with People Who Are Deaf or Hard of Hearing ......................................... 12 Interacting with People Who Have Speech or Language Disorders ............................. 13 Interacting with People Who Are Blind or Visually Impaired ..................................... 15 Interacting With People Who Have Mobility Limitations ............................................ 15 Interacting With People Who Have Cognitive Disabilities .......................................... 16 Persons with Mental or Cognitive Disabilities ............................................................. 16 Service Animals ............................................................................................................ 18 PART III: Establishing a Disability/Accommodation Protocol........................................ 19 Developing the Accommodation Protocol .................................................................... 20 PART IV: Removing Common Barriers to Access - Communication ............................. 23 Equally Effective Communication ................................................................................ 23 Auxiliary Aids and Services ......................................................................................... 24 Public Service Announcements .................................................................................... 28 Alternate Document Formats ........................................................................................ 28 Accessible Websites ..................................................................................................... 29 PART V: Removing Common Barriers to Access - Facilities ......................................... 31 Facility Access .............................................................................................................. 31 Setting Priorities ........................................................................................................... 32 Historic Preservation ..................................................................................................... 33 New Construction and Alterations ................................................................................ 33 Appendix A: ...................................................................................................................... 36 Disability Resources ......................................................................................................... 36 Building Capacity: Resources ........................................................................................... 36 Deaf and Hard of Hearing Resources ............................................................................... 37 Interpreting Services ......................................................................................................... 37 Blind Community Resources ............................................................................................ 38 Mental Health and Cognitive Disabilities Resources ....................................................... 40 Facility-Related Resources ............................................................................................... 40 Advocacy Services ............................................................................................................ 40 Appendix B: MC 70 - Request for Reasonable Accommodation ..................................... 43 Appendix C: Model Local Administrative Order ............................................................. 44 Appendix D: Grievance Form ........................................................................................... 45 Appendix E: Sign Language Interpreters in the Courtroom ............................................. 46 Appendix F - Law Supplement ......................................................................................... 52 Acknowledgements
This handbook has been modified, with permission, from one developed by the State of
Georgia, Commission on Access and Fairness in the Courts in December 2004. The
Michigan State Court Administrative Office (SCAO) sincerely thanks the state of Georgia’s
Administrative Office of the Courts for their willingness to permit the use and modification
of this material.
Overview
The American with Disabilities Act of 1990 and the ADA Amendments Act of 2008 clearly
identify the responsibilities of courts under Title II to provide access for citizens with
disabilities to programs and services offered by public entities, including courts. This
handbook serves as a guide for judges and court staff for being fully compliant with these
two federal statutes.
It is organized in five sections. They are:
I. An Overview of the Americans with Disabilities Act of 1990 (ADA) and the ADA
Amendments Act of 2008.
II. Interacting With Persons With Disabilities
III. Establishing a Disability/Accommodation Protocol
IV. Removing Common Barriers to Access - Communication
V. Removing Common Barriers to Access - Facilities
Within the context of these sections, the following recommendations should be considered
by Michigan courts:
? Judges, administrators, and court staff should be provided training regarding the
fundamental elements of the Americans with Disabilities Act and the ADA
Amendments Act of 2008.
? Judges, administrators, and court staff should be provided training on interacting
with persons with disabilities.
? Chief judges and court administrators should develop policies and procedures on
responding to requests for accommodation and communicate those policies and
procedures to all court staff.
? Each court should have a comprehensive resource guide for providing effective
communication to persons with disabilities. This resource guide should outline all
local resources as well as state and federal resources that are available.
? Training should be provided for court staff on responding to the needs of persons
with mental or cognitive disabilities.
Implementing these recommendations will provide benefits that exceed any cost associated
with their implementation. They will preserve our commitment to access to Michigan’s
justice system for all citizens.
Introduction
Michigan courts have an obligation to take proactive steps to remove barriers to
accessibility for people with disabilities. Nearly two million people in Michigan have
some kind of disability. This handbook is designed to help Michigan courts identify
and remove barriers to access to Michigan's courts for people with disabilities.
Disability is a natural part of life. There are nearly two million people in Michigan with
some kind of disability. Some of them acquired disabilities at birth, such as cerebral palsy,
while others acquired them later in life, such as a spinal cord injury. Some people have
obvious disabilities, such as blindness, while others experience disabilities coined as
"hidden," such as diabetes, deafness, HIV infection, and epilepsy. Some individuals
undergoing cancer treatment experience disability on a temporary basis, while others have
permanently disabling conditions that may be progressive in nature. As a result of
disabilities, many citizens are significantly restricted in their ability to hear, see, think,
breathe, walk, or conduct many other life activities.
Citizens with disabilities play an important role in all Michigan communities and families.
At any given time, these citizens may come into contact with the court system. Citizens with
disabilities may serve as jurors, may appear as parties or witnesses in a trial, or may choose
to attend a hearing as observers. Currently, people with disabilities serve as judges, referees,
magistrates, lawyers, and clerks in Michigan courts.
While some individuals with disabilities are able to take part in various court processes and
activities without difficulty, for many others their disabilities combined with environmental
obstacles impose significant barriers to an equal opportunity to participate. Therefore,
Michigan courts have an obligation to identify and remove barriers for people with
disabilities so they can access court programs and services, including judicial proceedings,
jury service, and courthouse meetings.
Common barriers to access include:
? Lack of awareness or unintended insensitivity to disability-related concerns
? Lack of effective auxiliary aids and services for individuals with communication
disabilities
? Inaccessible court facilities for individuals with mobility impairments
? Inflexible court policies, practices, and procedures
The Challenge
Disability presents two related, yet distinct, challenges for Michigan courts. The first
challenge involves developing and implementing a comprehensive plan to address general
accessibility concerns for Michigan’s citizens with disabilities, including but not limited to
removing architectural barriers in courthouses, installing assistive listening systems in
courtrooms, providing materials in alternative formats, and making court websites accessible
for people who use assistive technology. These actions improve access to the courts for
many people.
The second challenge involves interacting with people with disabilities as individuals, and
not just as members of a group. No two people with disabilities are alike; each individual
has unique skills, aptitudes, and capacities. Under certain circumstances, it may be necessary
to provide an individualized accommodation, such as a sign language interpreter for a person
who is deaf, to ensure an equal opportunity to be heard in the administration of justice.
Moreover, an accommodation that works well for one individual with a disability may not
work as well for someone else with a similar disability. Thus, courts must1 evaluate on a
case-by-case basis each request for a reasonable accommodation by a person with a
disability.
1 Whenever the word “must” is used in connection with the responsibilities of the court, it is used as a
requirement of the Americans with Disabilities Act and the ADA Amendments Act of 2008.
The Approach
This handbook is designed to provide accurate, up-to-date information about the rights of
people with disabilities in clear, easy-to-understand language; and to build the capacity of
judges, courtroom staff, clerks, and other courthouse personnel to effectively identify and
remove the barriers to full participation that individuals with disabilities encounter in
Michigan courtrooms.
To address these challenges, this handbook follows the framework established in the
Americans with Disabilities Act of 1990 (ADA) and the ADA Amendments Act of 2008.
With these broader standards, courts must recognize that the ADA was designed to protect
the civil rights of people with disabilities. When courts are asked to take steps to ensure that
people with disabilities have equal access to court programs, services, and activities, it is
important to view such requests in the context of the civil rights of an individual with a
disability, instead of seeing ADA compliance as an unwanted mandate.
This handbook is not intended as a complete ADA compliance manual; it is a resource for
Michigan courts. The U.S. Department of Justice (DOJ) provides abundant information,
including an ADA technical assistance manual for Title II entities at: http://www.ada.gov/publicat.htm. The Benefits
The benefits of providing disability-related accommodations include:
? Ensuring due process, equal protection, and civil rights of individuals with
disabilities;
? Empowering Michigan's citizens with disabilities to fully participate in the judicial
system by exercising the rights and responsibilities expected of all citizens, such as
jury service;
? Increasing the capacity of Michigan's courts to respond to accommodation requests
and the specific needs of individuals with disabilities; and
? Enhancing the usability and accessibility of Michigan's courts for a broad range of
people with and without disabilities.
PART I:
An Overview of the Americans with Disabilities Act of 1990
(ADA) and the ADA Amendments Act of 2008.
Courts must provide equal access to all Michigan citizens with disabilities in an
integrated setting, and must make reasonable accommodations when necessary, unless
doing so constitutes an undue administrative or financial burden, or fundamentally
alters the nature of court programs, services, and activities. Michigan courts must be
aware of the basic minimum requirements for accessibility under the ADA, which
include many different courtroom activities.
The Americans with Disabilities Act (ADA)
Congress passed the ADA in 1990 "to provide a clear and comprehensive national mandate
for the elimination of discrimination against individuals with disabilities." The ADA is the
world's first comprehensive, national law protecting the civil rights of individuals with
disabilities. At the time the ADA was passed, over 43 million Americans experienced some
form of disability. In its lengthy findings about the necessity of the ADA, Congress stated
that "the continuing existence of unfair and unnecessary discrimination and prejudice denies
people with disabilities the opportunity to compete on an equal basis and to pursue those
opportunities for which our free society is justifiably famous, and costs the United States
billions of dollars in unnecessary expenses resulting from dependency and nonproductivity."
The ADA Amendments Act of 2008 (ADAAA)
The primary purpose of the ADA Amendments Act of 2008, as stated in the “Findings and
Purposes” section of the act is “… to carry out the ADA's objectives of providing a clear and
comprehensive national mandate for the elimination of discrimination" and "clear, strong,
consistent, enforceable standards addressing discrimination by reinstating a broad scope of
protection to be available under the ADA.” This “broad scope of protection” extends
coverage under the ADAAA to individuals who were denied coverage as a result of limiting
Supreme Court decisions.2
2
Sutton v United Air Lines, Inc., 527 U.S. 471 (1999)
Toyota Motor Manufacturing, Kentucky, Inc. v Williams, 534 U.S. 184 (2002)
Equal Opportunity
The goal of the ADA is to provide equal opportunity for people with disabilities. In the
administration of justice, Michigan courts must provide an equally effective opportunity for
people with disabilities to participate in the programs the court offers to citizens. The
general principle underlying a court's obligations under the ADA is protecting the civil rights
of people with disabilities to enjoy and benefit from the services, programs, and activities
provided to all people by the court system.
Defining Disability Pursuant to the ADA
Under the ADA, an individual with a disability is a person who:
1. Has a physical or mental impairment that substantially limits one or more major life
activities. A physical impairment is defined as any physiological disorder or
condition, cosmetic disfigurement, or anatomical loss affecting one or more of the
following body systems: neurological, musculoskeletal, special sense organs,
respiratory (including speech organs), cardiovascular, reproductive, digestive,
genitourinary, hemic and lymphatic, skin, and endocrine. A mental impairment is
defined as any mental or psychological disorder, such as a developmental disability,
organic brain syndrome, emotional or mental illness, and specific learning
disabilities.
2. Has a "record of" such impairment. For example, an individual with cancer may
have taken significant time off from work for chemotherapy. Years later, a potential
employer, noting the gap in employment, may not hire that individual even though
the individual is currently not impaired in any way. The individual would be covered
by the ADA because of the past "record of" a disability.
3. Being regarded as having such an impairment. An individual meets the requirement
of “being regarded as having such an impairment” if the individual establishes that
he or she has been subjected to an action prohibited under this chapter3 because of an
actual or perceived physical or mental impairment whether or not the impairment
limits or is perceived to limit a major life activity.
3 Title 42, Chapter 126
Not all physical or mental impairments constitute disabilities under the ADA, however in
ADAAA, the definition of disability “shall be construed in favor of broad coverage of
individuals under this chapter, to the maximum extent permitted by the terms of this
chapter.” For a physical or mental impairment to be defined as a disability, the impairment
or a combination of impairments must substantially limit one or more major life activities.
Major life activities include, but are not limited to, caring for oneself, performing manual
tasks, seeing, hearing, eating, sleeping, walking, standing, lifting, bending, speaking,
breathing, learning, reading, concentrating, thinking, communicating, and working. Whether
an individual has a disabling impairment depends on the particular facts of each individual
case.
To determine if an impairment substantially limits a major life activity, the following factors
should be considered:
1. The nature and severity of the impairment;
2. The permanent or long-term impact of the impairment; and
3. The duration of the impairment.
Thus, temporary, nonchronic impairments that have little or no long-term impact, such as
broken limbs, sprained joints, concussions, appendicitis, and influenza, usually are not
viewed as disabilities. For example, a broken leg, which is an impairment of relatively brief
duration, would not be considered a disability. Nonetheless, courts should make
accommodations for these types of impairments.
However, the residual impact of an improperly healed broken leg might be considered a
disability. Likewise, a temporary psychological impairment is not considered a disability
under the ADA, while a long-term or permanent impairment may be a disability.
ADAAA states that the determination of whether an impairment substantially limits a major
life activity shall be made without regard to the ameliorative effects of mitigating measures
such as:
1. Medication, medical supplies, equipment, or appliances, low-vision devices
(which do not include ordinary eyeglasses or contact lenses), prosthetics
including limbs and devices, hearing aids and cochlear implants or other
implantable hearing devices, mobility devices, or oxygen therapy equipment and
supplies;
2. Use of assistive technology;
3. Reasonable accommodations or auxiliary aids or services; or
4. Learned behavioral or adaptive neurological modifications.
The ameliorative effects of the mitigating measures of ordinary eyeglasses or contact lenses
shall be considered in determining whether an impairment substantially limits a major life
activity.
The following conditions are specifically excluded from the definition of "disability":
transvestism, transsexualism, pedophilia, exhibitionism, voyeurism, gender identity disorders
not resulting from physical impairments, other sexual behavior disorders, compulsive
gambling, kleptomania, pyromania, and psychoactive substance use disorders resulting from
current illegal use of drugs.
Qualified Individual with a Disability
Under the ADA, qualified individuals with disabilities must have equal access to court
programs, services, and activities. An individual is qualified when he or she meets the
essential eligibility requirements for participation.
When determining whether someone is qualified, courts must (1) make reasonable
modifications to their policies, practices, and procedures; or (2) furnish auxiliary aids or
services when necessary to ensure an equally effective opportunity to participate. However, a
court is not required to take any action that would constitute an undue financial or
administrative burden or fundamentally alter the nature of the program, service, or activity.
For example, a court may have a policy against bringing animals into a courtroom. If a
woman who is blind is called as a potential juror and would need to bring her guide dog into
the jury box, the court should make a reasonable modification of that policy and allow the
juror to bring her guide dog. However, such a request could be a "fundamental alteration" in
some instances. For example, if one party in a civil case has an extreme fear of dogs or has
an attorney who objects to the presence of dogs on religious grounds, a court could find that
the presence of the dog would fundamentally alter the court proceeding by infringing on the
rights of an indispensable party or attorney in this case. Thus, a court may arrange to have
the juror serve in another courtroom for another case, or excuse the juror.
Eligibility criteria for access to court programs, services, and activities, which tend to
exclude persons with disabilities, must not be arbitrary or based on stereotype or speculation.
Instead, this determination must be made on a case-by-case basis. For example, a potential
juror who is blind may not be qualified to serve on a jury requiring visual perception, such as
at a trial for forgery, but may be qualified to serve as a juror in other cases if provided with
reasonable accommodations (e.g. written evidence could be provided in alternate format or
by the provision of a reader).
A court may reject an accommodation request in which the individual with a disability is not
otherwise qualified. For example, a court would not be required to provide a sign language
interpreter for a potential juror if that juror did not meet the essential eligibility requirement
of residency.
Activities Covered by the ADA
Almost every activity conducted by a Michigan court is covered by Title II's mandate that
state and local courts ensure that qualified individuals with physical or mental disabilities are
afforded an equal opportunity to participate in court programs, services, or activities. Title II
covers the juror selection system, trials, hearings, courthouse security procedures, and access
to libraries, publications, internet sites, dispute resolution programs, and seminars offered by
the court. Even if a trial or hearing is closed to the public, Title II applies if one of the
participants has a disability. Title II also applies to the physical accessibility of courtrooms
and courthouse structures.
The U.S. Supreme Court has broadly applied the "program access" requirement of Title II.
In Pennsylvania v. Yeskey, 524 U.S. 206 (1998), the U.S. Supreme Court applied the ADA's
use of the terms "services, programs, and activities" liberally to include a "motivational boot
camp" offered for state prisoners. The Court held that state prisons were clearly subject to
the ADA and that the boot camp was an ADA-protected, voluntary program by virtue of its
definition in a Pennsylvania statute.
Certain internal administrative functions of the court that are not open to the public, such as
regular staff meetings for courthouse personnel, are not covered under Title II. However, a
court may have to provide reasonable accommodations to court employees with disabilities
under the employment provisions of the ADA.
Integrated Settings
Court programs, services, and activities must be provided to people with disabilities in the
most integrated setting to the maximum extent feasible. The ADA's "integration mandate"
provides that segregation and isolation are forms of discrimination and should be avoided to
achieve equal opportunity. Sometimes, it may be necessary to provide access in an
alternative manner. For example, a court may construct a fully accessible courtroom in a
courthouse to accommodate people with disabilities. However, the court must ensure that
this effort does not result in unnecessary segregation, i.e. the court must not reserve the
accessible courtroom solely for cases involving people with disabilities.
PART II:
Interacting With Persons With Disabilities
General Considerations
The most important thing Michigan court officials can do in their day-to-day interactions
with people with disabilities is to treat them with the same courtesy, dignity, and respect that
they afford everyone else. There is no need to be nervous or apprehensive in talking and
working with people with disabilities.
A person with a disability may be able to access every feature in a courtroom but may be left
out of court activities if court personnel exhibit negative or unhelpful attitudes to simple
accommodation requests or requests for information. Eliminating these attitudinal barriers
can help ensure that people with disabilities have full access to Michigan courts.
Some general tips4 for communicating with people with disabilities are:
4 Developed by the Georgia Commission on Access and Fairness in the Courts
? Always direct communication to the individual with the disability. If the individual
is accompanied, do not direct your comments to the companion.
? Use the same level of formality with everyone present.
? Relax. Do not be embarrassed if you happen to use common expressions like "See
you later" or "Got to be running along" that seem to relate to the person's disability.
? It is appropriate to shake hands when introduced to a person with a disability. People
who have limited use of their hand or who wear an artificial limb can usually shake
hands. Shaking with the left hand is acceptable. For people who cannot shake
hands, touch them on the shoulder or arm to welcome and acknowledge their
presence.
? Focus on the individual and the issue at hand, not the disability.
? People with disabilities are interested in the same topics of conversation in which
people without disabilities are interested.
? A person who needs you to speak in a louder voice will ask.
? People with disabilities, like all people, are experts on themselves. They know what
they like, what they do not like, and what they can and cannot do. If you are
uncertain what to do, ask. Most people would rather answer a question about
protocol than be in an uncomfortable situation.
? Offer assistance in a dignified manner with sensitivity and respect. Be prepared to
have the offer declined. If the offer is accepted, listen to, and accept, instructions.
? When mistakes are made, apologize, correct the problem, learn from the mistake, and
move on.
? Let people provide information about their disability on their own initiative. They
are not responsible for educating the public by sharing their story.
? Offer assistance but do not insist or be offended if your offer is not accepted.
Special Considerations for Judges in the Courtroom
Judges are the embodiment of justice. Everyone looks to the court to ensure full and
effective participation for people with disabilities. Top-level leadership and commitment are
essential in developing an environment where access is not only a requirement but an
expectation for all citizens.
? Judges should carefully evaluate requests for accommodation made by people with
disabilities appearing in the courtroom. Although the court makes the final decision
regarding the most appropriate accommodation for each particular situation, allow
yourself to be educated by people about their disabilities. The individuals have
experience and information regarding their disabilities and are usually able to suggest
the best way to accommodate their needs.
? Use person-first language. Put the person ahead of the disability in order to
communicate your recognition that the person's disability is not the most important
part of the person's identity. For example, it is more polite to say "the juror with a
disability" than "the disabled juror" or "the handicapped juror."
? Train your staff, including the court officers, to be sensitive to the needs of people
with disabilities. Patience and flexibility are important because, just as with most
other citizens, many people with disabilities will not be familiar with the procedures
and practices of your court.
Using Person-First Language
When communicating, use person-first language consistently. Person-first language
recognizes that a person's disability is not the most important part of that person's identity.
? Using person-first language is an effort to be polite and sensitive and not an attempt
to restrict the use of language.
? Put the person ahead of the identifier of the disability in a given sentence. For
example, saying "people with disabilities" is more appropriate, thoughtful, and
sensitive than saying "disabled people."
? Avoid language that is insulting or dehumanizing. Words like "crippled," "deafmute,"
“retarded,” and "deformed," while once commonly used, are now considered
offensive when applied to individuals with disabilities.
? To avoid repetitive usage in long documents, switch around the order of words that
appear frequently on one page. For example, consider using "Michigan’s citizens
with disabilities" or "juror with a disability" but keep the person-first pattern
consistent.
Interacting with People Who Are Deaf or Hard of Hearing
Hearing loss among Michigan’s citizens ranges from mild to profound. Most of Michigan’s
citizens with hearing loss can be accommodated in court when assistive listening devices are
available. However, in certain situations, more individualized accommodations, such as
Communication Access Realtime Translations (CART)5 or sign language interpreters, are
necessary to facilitate effective communication with the court. The Michigan Deaf
Interpreters Act (1982 PA 204), in addition to the federal requirements under the Americans
with Disabilities Act, provides for, and regulates the use of, interpreters for administrative
and judicial proceedings. It also establishes standards and compensation for interpreters. http://legislature.mi.gov/doc.aspx?mcl-393-507 5 Closed captioning for nonbroadcast settings, such as classrooms, churches, meetings, and conferences.
These are some guidelines to follow when interacting with people who are deaf or hard of
hearing:
? There are a wide range of hearing losses and communication preferences. If you do
not know the individual's preferred communication method, ask.
? Make direct eye contact. Natural facial expressions and gestures will provide
important information to your conversation. Keep your face and mouth visible when
speaking.
? Before speaking to a person who is deaf or hard of hearing, get the person's attention.
To get a person's attention, call his or her name. If there is no response, lightly touch
the person's arm or shoulder.
? If you are asked to repeat yourself several times, try rephrasing your sentence.
? Writing information down may facilitate communication.
? When speaking to a person who lip-reads or is hard of hearing, speak clearly. Do not
exaggerate your speech. Shouting does not help communication.
? The role of a sign language interpreter is to facilitate communication between people
who do not share a common language. Therefore, interpreters should not participate
or be included in the communication outside of that role and function.
? Good lighting is important to facilitate clear communication.
Range of deafness and hard of hearing:
? Individuals who are hard of hearing or late deafened (those who became deaf after
acquiring speech and language skills) may use hearing aids, cochlear implants,
and/or assistive listening devices to support their residual hearing or they may not
use any augmentative devices at all. They may use lip reading skills to facilitate oneon-
one communication and may use sign language or oral interpreters in group
settings. Individuals who are hard of hearing or late-deafened commonly use spoken
English as a method of communicating verbally and may or may not know how to
communicate with sign language.
? Individuals who are "prelingually" or "culturally" deaf are those who were born deaf
or became deaf before acquiring speech and language skills. They most likely will
use American Sign Language (ASL) or a form of English sign language to
communicate and may or may not have lip reading skills. Some individuals may use
hearing aids or cochlear implants to augment residual hearing.
? Individuals who are deaf-blind are those who are deaf or hard of hearing and are also
blind or have low vision (also called partial sight) that cannot be satisfactorily
corrected with glasses, contacts, or surgery. They aren't necessarily profoundly deaf
and totally blind; they may have "tunnel vision" and be hard of hearing. To
communicate, they may use tactile sign language6, finger spelling7, or print-onpalm.
8 They may also require either close or far proximity for clarity of visual field
or they may need an interpreter to sign in a small space. For written communication,
individuals who are deaf-blind may rely extensively on Braille, a system of raised
dots, to represent letters. Depending on the type of vision loss they have and if they
communicate using sign language, these individuals may or may not have special
requirements to accommodate their visual field and language needs.
? Some individuals who are deaf may have had only limited exposure to formal
language (spoken or signed) and consequently are not fluent in ASL or English.
They may or may not have an effective gestural communication form that can be
used to give or receive information. Therefore, providing communication access for
individuals who have minimal linguistic competency will be most challenging. This
process can be facilitated by using a team of interpreters composed of a certified
hearing interpreter working with a certified deaf interpreter. The Registry of
Interpreters for the Deaf (RID) offers testing and certification as a Certified Deaf
Interpreter (CDI). See the following for a detailed description of how a CDI can be
used in a court context: http://www.rid.org/UserFiles/File/pdfs/120.pdf 6 Tactile signing is a common means of communication used by people with both a sight and hearing
impairment, which is based on a standard system of deaf manual signs.
7 Finger spelling (or dactylology) is the representation of the letters of a writing system, and sometimes
numeral systems, using only the hands.
8 Print-on-Palm (POP) is a simple method of communicating with a person who is deaf-blind and familiar
with printed English.
Interacting with People Who Have Speech or Language Disorders
Speech and language disorders are inabilities of individuals to understand and/or
appropriately use the speech and language systems of society. Such disorders may range
from simple sound repetitions and occasional misarticulations to the complete absence of the
ability to use speech and language for communication. Speech and language problems can
exist together or independently. Some causes of speech and language disorders include
hearing loss, stroke, brain injury, a developmental disability, drug abuse, cleft lip or palate,
and vocal abuse or misuse. Frequently, however, the cause is unknown.
Speech problems affect how the communication message sounds. There is a speech problem
when so many speech sounds are distorted that the speaker cannot be understood, when there
is no source of sound because the vocal cords have been surgically removed, or when
stuttering disrupts the natural rhythm of the oral message. Speech disorders include fluency
disorders, motor speech disorders, and voice disorders:
? A fluency disorder is an interruption in the flow of speaking characterized by
atypical rate, rhythm, and repetitions in sounds, syllables, words, and phrases. This
interruption may be accompanied by excessive tension, struggle behavior, and
secondary mannerisms. Stuttering is a type of fluency disorder.
? A motor speech disorder is an impairment of speech arising from damage to the
central or peripheral nervous system that can affect a person's speech, voice, and
breath support for communication, and swallowing. Often, Parkinson's Disease,
Huntington’s Disease, and Amyotrophic Lateral Sclerosis (ALS) lead to motor
speech disorders.
? A voice disorder is characterized by the abnormal production and/or absence of vocal
quality, pitch, loudness, resonance, and/or duration, given an individual's age and/or
sex. Vocal abuse and misuse are the most prevalent causes and preventable types of
voice disorders.
Language disorders are the impaired comprehension and/or use of spoken, written and/or
other symbol systems. Language refers to a code made up of a group of rules that cover
what words mean, how to make new words, how to combine words, and what word
combinations are best in what situations. A person who cannot understand the language
code has a receptive language problem. A person who is not using enough language rules to
share thoughts, ideas, and feelings completely and appropriately has an expressive language
problem. One type of problem can exist without the other, but often they occur together in
children and adults.
When interacting with people who have speech or language disorders, consider the following
tips:
? Give the person your full attention. Don't interrupt or finish the person's sentences.
Listen patiently and carefully.
? Do not assume that a person with speech impairment doesn't understand you.
? If you have trouble understanding, ask the person to repeat the statement. If, after
trying, you still cannot understand, ask the person to write it down or suggest another
way of facilitating communication.
? If necessary, repeat your understanding of the message in order to clarify or confirm
what the person said.
? Provide a quiet environment to make communication easier.
Interacting with People Who Are Blind or Visually Impaired
Blindness is the total or partial inability to see because of a disease or disorder of the eye,
optic nerve, or brain. Legal blindness is defined as a visual acuity of 20/200 or worse with
the best possible correction. Someone with a visual acuity of 20/200 can see at 20 feet what
someone with normal sight can see at 200 feet.
Vision impairment means that a person's eyesight cannot be corrected to a "normal" level. It
is a loss of vision that makes it hard or impossible to do daily tasks without specialized
adaptations. Vision impairment may be caused by a loss of visual acuity where the eye does
not see objects as clearly as usual. It may also be caused by a loss of visual field where the
eye cannot see as wide an area as usual without moving the eyes or turning the head. Visual
acuity alone cannot tell you how much a person's life will be affected by vision loss. It is
important to also assess how well a person uses the vision he or she has. Two people may
have the same visual acuity, but one may be able to use his or her vision better to do
everyday tasks. Many people who are "blind" may have some usable vision that can help
them move around in their environment and do things in their daily lives.
When interacting with people who are blind or visually impaired, consider the following tips:
? Identify yourself and address the individual by name so the person will know you are
speaking to him or her.
? It is appropriate to ask, "Would you like me to guide you"? If your offer is accepted,
let the person take your arm just above the elbow.
? Offer to read written information.
? Provide all standard printed information available to the public concerning court
policies, practices, and procedures in an alternate format such as Braille, audio tape,
electronic format, or large print. Efforts should also be made to provide information
at kiosks or posted signage in an audible format.
? If the individual has a guide dog, walk on the side opposite the dog. As you are
walking, describe the setting, noting any obstacles such as stairs ("up" or "down")
and objects protruding from the wall at head level.
? Never pet a guide dog (or any other service animal) before getting permission from
its handler to do so. The dog is working and must concentrate.
? If you need to leave a person alone, inform the person first and make sure there is a
rail, wall, or something else he or she can touch.
? A person's cane is part of the individual's personal space, so avoid touching it. If the
person puts the cane down, don't move it. Let the person know if it is in the way.
Interacting With People Who Have Mobility Limitations
Mobility impairment involves the partial or complete loss of use of any of an individual's
limbs. Mobility impairment refers to a broad range of disabilities that include orthopedic,
neuromuscular, cardiovascular, and pulmonary disorders. Many things can cause mobility
impairment including disease (polio), spinal cord trauma (a motor vehicle accident), and
disorders occurring at or before birth (cerebral palsy).
Many disabilities that cause mobility impairment are visible because individuals may rely
upon assistive devices such as wheelchairs, scooters, crutches, and canes. Other disabilities
that cause mobility impairments, such as arthritis, are invisible but need to be taken equally
seriously.
When interacting with people who have mobility limitations, consider the following tips:
? Avoid touching or leaning on a person's wheelchair, scooter, or walking aid without
permission. People with disabilities consider their mobility devices as part of their
personal space.
? Be aware of an individual's reach limits. Place as many items as possible within the
grasp of a wheelchair user. If a service counter is too high for a wheelchair user to
see over, step around it to provide service. Also, have a clipboard available if filling
in forms or providing signatures is expected.
? Sit down and/or position yourself at the same eye contact level when speaking with a
wheelchair user for more than a few moments.
? Provide a chair for someone who has difficulty standing for an extended time.
? People who are not visibly mobility-impaired may have medical needs that impact
their ability to get around the courthouse. For example, a person with a heart
condition may have trouble walking quickly or long distances and may need chairs or
benches to sit and rest on.
Interacting With People Who Have Cognitive Disabilities
Persons with Mental or Cognitive Disabilities
One of the most difficult matters Michigan courts face in accommodating persons with
disabilities is in the area of mental illness or cognitive disability. Cognition refers to
"understanding;" the ability to comprehend what you see and hear and the ability to infer
information from social cues and "body language." People with these impairments may have
trouble learning new things, making generalizations from one situation to another and
expressing themselves through spoken or written language. Cognitive limitations of varying
degrees can often be found in people who have been diagnosed with Attention Deficit
Disorder (ADD), a developmental disability, autism, or a closed head injury.
Because the issues facing individuals with mental illness or cognitive disability often touch
on basic rights, especially for criminal defendants, it is difficult to address them effectively
in the scope of this handbook. What follows are three basic steps Michigan courts can take
in their efforts to ensure that people with mental or cognitive disabilities have equal access to
justice.
In many cases, courts must first determine whether an individual is a "qualified individual
with a disability" under the ADA. For a criminal defendant, this will usually be a
determination of whether the individual is competent to stand trial. In other situations
involving a person with a mental disability appearing as a witness or as a potential juror, the
court must determine whether or not that individual can carry out his or her duties in a
courtroom. For example, if an individual is unable to understand testimony as a juror
because of a developmental disability, or if an individual disrupts the courtroom frequently
as a spectator because of behavioral problems or delusions, those individuals are not
"qualified" and can be excluded from the courtroom. However, it is important to remember
that a developmental disability or a traumatic brain injury will not always leave individuals
unqualified to serve as witnesses, spectators, or jurors. Courts should conduct an
individualized inquiry to determine whether an individual is "qualified."
Courts must next determine whether it is possible to provide reasonable accommodations for
an individual with mental or cognitive disabilities without a fundamental alteration of court
programs and services. Keep in mind that many people with mental or cognitive
impairments may not be able to request accommodations effectively and may need assistance
in constructing appropriate accommodation requests, whether from the court or from their
legal representatives.
The third step is determining whether an individual with a mental or cognitive disability
poses a "direct threat" to himself or others in the courtroom. The ADA requires Michigan
courts to make a knowing, individualized determination - not based on myth, fear, or
stereotype - of whether an individual poses a threat, and to consider any possible, available
accommodations for this threat. Courts may choose to exclude individuals who pose a threat
but only in a manner consistent with their civil rights and other protections.
The wide variance among the mental capabilities of those with cognitive disabilities (any
disability affecting mental processes) complicates matters in the courthouse because a person
with a developmental disability will not have the same needs as a person who has attention
deficit disorder or autism. A person with profound cognitive disabilities will need assistance
with nearly every aspect of daily living. Someone with a minor learning disorder, however,
may be able to function adequately despite the disorder, perhaps even to the extent that the
disorder is never discovered or diagnosed. It is important, however, not to approach an
individual with any preconceived notions as to his or her specific capabilities. Not everyone
who is slow speaking is cognitively impaired.
Many legal or courtroom-related terms and concepts are complex and may be difficult to
understand. People with some form of cognitive disability, however, may be reluctant to
disclose their disability or to disclose that they do not understand the information being
presented. If you suspect that someone may be struggling to understand, ask, "This is very
complicated. May I explain this in a different way that may make it easier to understand"?
The use of simple, easily understood language will benefit all participants - not only people
with disabilities.
When interacting with people who have cognitive disabilities, consider the following tips:
? Speak clearly and slowly and keep sentences short.
? Break complicated information or instructions down into shorter, distinct parts and
avoid complex terms.
? If possible, use symbols, pictures, or actions to help convey meaning.
? Ask concrete, open-ended questions. Avoid "yes-no" answers.
? Allow for additional time to speak with participants and for them to respond.
? When necessary, repeat information using different wording or a different
communication approach. Allow time for the information to be fully understood.
? Provide material on audiotape rather than in written form.
Service Animals
In addition to people who are blind and may use guide dogs, other people with disabilities
may use animals to assist them. For example, some individuals with limited manual
dexterity may have a service animal retrieve or pick up objects for them.
When interacting with people who use service animals, consider the following tips:
? Avoid petting or touching a service animal while the animal is working.
? Do not feed a service animal or distract a service animal in any way.
? Do not separate an individual with a disability from his or her service animal.
? If the service animal misbehaves, or becomes out of the control of the person with
the disability, that person is obligated to control the animal.
? The U.S. Department of Justice authored a brochure about service animals that may
be helpful in answering questions regarding service animals in Michigan courts. It is
available online at: http://www.ada.gov/svcabrpt.pdf PART III:
Establishing a Disability/Accommodation Protocol
Developing a protocol to handle disability accommodation requests is necessary to
ensure that all Michigan’s citizens have an equal opportunity to participate in court
activities. A disability protocol in each court should establish a single point of contact
for requests as well as guidance for providing accommodations in a timely manner.
To ensure that all individuals with disabilities have a truly equal opportunity to participate in
court proceedings, it is necessary to provide a means for these individuals to access the
courts despite particular barriers they often face.
Courts can address this responsibility in various ways. One means is to preemptively modify
court facilities or services in a way that is intended to provide access to individuals with
certain disabilities. Consider blind individuals who want to visit a court system's website for
case information. If the website is designed to interface with commonly available assistive
technology, those individuals are consistently provided with a meaningful opportunity to
utilize that court service without having to make a request for accommodation. Likewise, a
court’s installation of a commonly used assistive listening system will provide deaf
individuals with a means to effectively communicate during court proceedings. Similarly,
structural building alterations can provide accessibility to many people with varying
disabilities. And, once accomplished, these types of actions generally require only periodic
maintenance to facilitate use.
Another means by which courts address their responsibility to provide access to individuals
with disabilities is through individualized accommodation requests that trigger case-by-case
assessments to determine the appropriate course of action. Under the ADA, qualified
individuals with ADA disabilities are eligible for individualized accommodations when
necessary to ensure an equal opportunity to participate. And, if a particular accommodation
is determined to be necessary, the court cannot pass any associated cost on to the individual.
To manage its responsibilities, each court should develop and implement a local protocol for
addressing individualized requests. A protocol enables the court to:
? Utilize resource information for addressing common accommodation requests;
? Demonstrate to individuals with disabilities that their requests are being considered;
and
? Methodically evaluate accommodation requests, without creating unnecessary
administrative demands on busy court personnel that often result from unexpected
requests.
Developing the Accommodation Protocol
A protocol should include the following steps:
Step 1: Identify and train an ADA Coordinator for disability-related matters.
Designating a knowledgeable ADA Coordinator is perhaps the most important step towards
achieving compliance with the law. Courts that employ 50 or more persons are required to
designate an ADA Coordinator to coordinate compliance efforts and investigate any
complaints. Smaller courts are urged to designate a court administrator or other employee to
serve as the ADA coordinator to handle issues arising in the courts. A court's ADA
Coordinator should be prepared to perform four important roles:
? Serves as Single Point of Contact: The ADA Coordinator provides a single point
of contact for people with disabilities who need accommodations to access court
services. Identifying the ADA Coordinator in public notices and publications allows
individuals with disabilities to contact one person with the knowledge and
responsibility to handle accommodation requests.
? Disseminates Information to Public and Within Court: The ADA Coordinator
serves as a central resource on disability issues for judges, administrators, court
officers, clerks, other courtroom personnel, and citizens with disabilities. The ADA
Coordinator should be familiar with the court's responsibilities under the law and
should have access to the resources needed to respond to inquiries and
accommodation requests.
? Promotes Effective Communication About Accessibility and Requests for
Accommodation: The ADA Coordinator should have the authority and the
willingness to promote effective communication among court judges and staff and
members of the public about accessibility and requests for accommodation.
? Support: The ADA Coordinator provides or arranges for disability awareness
training and technical assistance for court employees whose positions require that
they respond to accessibility issues and requests for accommodation.
Step 2: Involve people with disabilities and disability-related organizations in
proactively identifying potential and existing access barriers.
Effective outreach will help educate the disability community on court programs, services,
and activities as well as provide feedback to court personnel on ways to improve their
customer service.
Step 3: Establish a procedure for evaluating accommodation requests in a timely
manner.
A well drafted accommodation procedure should:
? Evaluate cases and circumstances on an individualized, case-by-case basis as
expeditiously as possible;
? Eliminate unnecessary levels of review where possible. Court employees may
receive impromptu requests, such as a request to escort a person who is blind to the
appropriate courtroom, and the employees should be empowered to handle these
requests;
? Maintain the confidentiality of medical information;
? Track all accommodation requests, including those requests that cannot be fulfilled,
and document the process used to resolve each request.
The ADA Coordinator should maintain a resource and technical support database regarding
disability issues to support implementation of the accommodation procedure.
Appendix B contains a Request for Accommodation form.
Step 4: Educate all court personnel on the court's accessibility features and its
accommodation protocol.
The ADA Coordinator should be responsible for arranging training of all court personnel on
accessibility features of all facilities as well as the court’s accommodation protocol. The
Human Resources or Personnel Office may assist the ADA Coordinator in tracking the
completion of training modules by court personnel.
Appendix F contains a checklist of topics that are recommended to be covered in a court’s
training program. Court staff may also be referred to the SCAO DVD regarding the ADA at:
http://ustools.you-niversity.com/youtools/companies/mji/archivesLayout2.html. Step 5: Notify the public regarding the court's accommodation process.
Each court is required to provide information about its ADA-related responsibilities to all
interested persons. A court can disseminate information about its disability accommodation
protocol, including the name of its ADA Coordinator, in several ways: on its website, in its
court rules, in juror summonses, and in publicly available information pamphlets. Notice to
the public should reference the ADA's prohibition against discrimination and address the
rights of individuals with disabilities under applicable laws.
Step 6: Implement a Grievance Procedure
Courts must adopt and publish a grievance procedure for the prompt and equitable resolution
of ADA-related complaints. The grievance procedure may be included in existing grievance
procedures adopted by the court for any other purpose. The ADA provides sufficient latitude
in this area that courts may choose to adopt alternative dispute resolution processes, such as
third-party mediation, in their grievance procedures.
Appendix C contains a sample grievance procedure.
PART IV:
Removing Common Barriers to Access - Communication
Equally Effective Communication
Because so much of court business involves communicating information, effective
communication is one of the most important and challenging responsibilities for
Michigan courts. When courts do not communicate effectively with people with
disabilities, it can have a serious detrimental effect on the administration of justice.
Communication includes the exchange of information in all forms, including voice, sound,
print, and electronic and information technology. Michigan courts should be aware of the
types of disabilities that impact effective communication as well as the auxiliary aids and
services that are often necessary to ensure effective communication.
To ensure an equal opportunity for individuals with disabilities to participate in the
courtroom, it is necessary to acknowledge and remove the communication barriers people
with disabilities often face. Disabilities that may affect an individual's ability to effectively
communicate with the court include:
? Hearing
? Speech
? Vision
? Cognition
The court should assess each situation on an individualized, case-by-case basis, to determine
if the court needs to provide auxiliary aids and services to ensure effective communication
with people with disabilities. Examples of auxiliary aids and services used to accommodate
people with disabilities are:
? Assistive listening devices
? Communication Access Realtime Translation (CART)
? Qualified sign language interpreters
? Telecommunications relay services
? Electronic mail
? Alternate formats for printed materials
? Accessible Internet sites
In selecting an auxiliary aid or service, courts should:
? Give primary consideration to the aid or service preferred by the individual because
that individual is usually best able to identify the communication barriers that hamper
participation.
? Allow people the opportunity to use their own assistive technology products to
achieve effective communication. For example, a person with cerebral palsy who
has difficulty with speech may use an augmentative communication device. Denying
a person the opportunity to use such a device would deny effective communication.
However, a court is not required to purchase such a device for a person with a
disability who does not already have the device.
? Consider the context in which the communication is taking place and its importance:
? If a plaintiff who is deaf requests a sign language interpreter for a scheduling
hearing, it may be possible to provide effective communication through
written notes, provided the plaintiff understands written English, the hearing
is brief, the plaintiff is represented by counsel, and the plaintiff is able to
participate effectively in the hearing.
? However, when the information being communicated is complex or lengthy
(for example a hearing to determine child custody), and the plaintiff who is
deaf uses sign language to communicate, a qualified sign language interpreter
is necessary for effective communication.
A court is not required to provide the requested aid or service if there is another equally
effective means of communication available, or if the requested aid or service would result in
a fundamental alteration in the service, program, or activity, or in undue financial or
administrative burdens.
A court may not pass along to a person with a disability the cost of the aid or service in the
form of a surcharge.
Auxiliary Aids and Services
Assistive Listening Systems
Assistive Listening Systems (ALS) are "binoculars for the ears." They increase the loudness
of specific sounds and bring sounds directly into the ear. In addition, ALS "stretch" hearing
aids and cochlear implants by improving their effectiveness in noisy environments, places
having poor acoustics, and when there is a [big distance] from the speaker. ALS can utilize
FM, infrared, or inductive loop technologies. All three technologies are considered good,
and each one has advantages and disadvantages. Infrared systems guarantee privacy and are
the appropriate choice for situations such as court proceedings that require confidentiality.
Infrared systems work by transmitting sound via light waves in a 60-degree cone to receivers
worn by users. Thus, the system is restricted to the room in which the equipment is installed.
With the exception of high frequency lights and bright sunlight, there are few sources of
interference with infrared systems.
Like all ALS, each infrared system has at least three components: a microphone, a
transmission technology, and a device for receiving the signal and bringing the sound to the
ear. New Access Board ADA standards require receivers to have a jack to plug in a neck
loop or a cochlear implant patch cord.
If a courtroom already has a microphone and a public address system for hearing people, it
should be simple to patch in an infrared system. If a courtroom does not have a public
address system, consideration should be given to the number of microphones to provide and
who will use the microphones. Wireless microphones can be used with any system, thereby
simplifying running cables around the courtroom. However, if security is an issue, wireless
microphones are not secure.
ALS should also be considered for the jury room. Small, portable infrared systems are
available with multiple microphones in addition to a table-mounted conference microphone.
Some microphones should have a mute switch, such as those used on the bench when a judge
calls up attorneys for a private conversation.
Communication Access Realtime Translation (CART) Services
Communication Access Realtime Translation (CART) is a word-for-word speech-to-text
service for people who require communication access. People who are deaf, late deafened,
hard of hearing, or who have cochlear implants benefit from CART because it provides a text
display of speech that occurs in the courtroom. A CART provider uses a steno machine,
notebook computer, and Realtime software to render instant speech-to-text translation on a
computer monitor or other display media for an individual or group.
The E-Michigan Deaf and Hard of Hearing website offers information on CART providers in
Michigan at: http://www.michdhh.org/assistive_devices/cart.html Sign Language Interpreters
If it is necessary to utilize a sign language interpreter to facilitate effective communication,
the ADA requires that the interpreter must be qualified. Being able to sign does not equate
to being able to interpret. Someone who does not possess all the necessary interpreting skills
to process spoken language into equivalent sign language and to process sign language into
equivalent spoken language cannot provide effective communication. Therefore, a state or
local court employee who can "sign pretty well" is not qualified to provide effective
communication.
Since there are a number of sign language systems (signed English and American Sign
Language are the most prevalent) used by individuals who are deaf or hard of hearing,
individuals who use a particular system may not communicate effectively through an
interpreter using a different system. Therefore, when an interpreter is required, state and
local courts should provide a qualified interpreter who is able to equivalently interpret using
the same sign system as the individual who is deaf.
A qualified interpreter must be able to interpret both receptively and expressively in sign
language and in spoken English and must do so effectively, accurately, and impartially, using
any specialized vocabulary necessary. Additionally, Michigan law requires that a sign
language interpreter be certified by the Registry of Interpreters for the Deaf in particular
proceedings.9 See Appendix D for the Sign Language Interpreter's Code of Ethics from the
Registry of Interpreters for the Deaf, Inc.
9 MCL 393.508c
Under the ADA, it is the responsibility of state and local courts to provide a qualified
interpreter. State and local courts may not require individuals who are deaf or hard of
hearing to provide their own interpreters. The obligation to provide impartial interpreting
services requires that, upon request, state and local courts provide an interpreter who does
not have a personal relationship to the individual who is deaf or hard of hearing. In most
situations, allowing friends or family members to interpret is inappropriate because their
presence may violate the right to confidentiality or because a friend or family member may
have an interest in the proceeding that is different from that of the individual who is deaf or
hard of hearing.
It is often necessary to employ more than one interpreter during proceedings that are lengthy
or complex. See Appendix D, Sign Language Interpreters in the Courtroom, for additional
information for Michigan courts.
Text Telephone (TTY)
Text telephone is a generic term for devices that provide access to real-time telephone
communications for persons with hearing or speech impairments. Text telephones are also
known as TTYs and TDDs (telecommunications devices for deaf persons). Like computers
with modems, text telephones provide keyboards for typing conversations and visual
displays for callers and receiving parties who are connected over standard telephone lines.
A call from one text telephone can only be received by another-and compatible-text
telephone. The devices, however, can be used by and between both hearing and non-hearing
persons. Two-way communications between individuals who use text telephones and those
who do not is accomplished through 24-hour operator-assisted telecommunications relay
services.
A court purchasing a TTY should include the dedicated TTY phone number on all court
publications where the court's main telephone number is listed. If a court provides public
telephone service, it should consider purchasing a TTY device for public use. If the court
does not provide a public TTY, it should provide people with disabilities access to the court's
TTY device on request.
The U.S. Access Board has a helpful, on-line guide on using a TTY: http://www.access-board.gov/adaag/html/ Telecommunications Relay Services (TRS)
Michigan courts can communicate with people who have difficulty using a telephone by
using Telecommunications Relay Services (TRS). TRS enables standard voice telephone
users to talk to people who have difficulty hearing or speaking on the telephone. TRS uses
operators, called communications assistants, to facilitate the making of telephone calls by
people who have difficulty hearing or speaking and who use assistive technology devices
such as text telephones (TTY). Relay services are managed by the Michigan Relay program,
administered under the Public Service Commission.
There are several types of TRS available. Any of these may be initiated by an individual
with a hearing or speech disability, or by a conventional telephone user:
? Text-to-Voice TRS - A person using a TTY dials 7-1-1 to access an operator who
places the call. The operator then relays the conversation by transmitting the text
from the TTY display to the recipient through speech, and by transmitting the voice
of the recipient to the TTY caller through text. Relay callers are not limited in the
type, length, or nature of their calls. The TRS operator is bound by a confidentiality
requirement not to disclose the content of any TRS call. Courts should train
employees who are responsible for making and answering phone calls about the TRS
system so they can communicate effectively with people using the system. When
employees answer the phone and hear, "Hello, this is the relay service. Have you
received a relay call before?" the employee should not hang up. They are about to
talk to a person who is deaf, hard of hearing or has a speech disability.
? Voice Carry Over (VCO) TRS - VCO TRS enables a person who is hard of hearing
but who wants to use his or her own voice, to speak directly to the receiving party
and to receive responses in text form through the operator. No typing is required by
the calling or the called party. This service is particularly useful to people who have
lost their hearing but who can still speak.
? Hearing Carry Over (HCO) TRS - HCO TRS enables a person with a speech
disability to type his or her part of the conversation on a TTY. The operator reads
these words to the called party and the caller hears responses directly from the other
party.
? Speech-to-Speech Relay (STS) - With STS, a person with a speech disability uses
an operator specially trained in understanding a variety of speech disorders. The
operator repeats what the caller says in a manner that makes the caller's words clear
and understandable. No special telephone is needed for this option.
? Video Relay Services (VRS) - VRS enables individuals who use sign language to
make relay calls through operators who can interpret their calls. The caller signs to
the operator with the use of video equipment and the operator voices what is signed
to the called party and signs back to the caller. This type of relay service is offered
on a voluntary basis by certain TRS programs. This option is helpful for people who
use American Sign Language (ASL), and for people who cannot type on a TTY
easily. The Michigan Relay Center also provides for people to make relay calls over
the Internet through its website at http://www.michiganrelay.com. ? Electronic mail (E-mail) Electronic mail and text messaging have replaced telephone
calls for many types of information exchange. Michigan courts should be
encouraged to communicate with persons who have difficulty using a telephone by
printing an e-mail address on court forms as an alternative to TTY or TRS services.
Court employees should be willing to use office e-mail to answer questions or supply
information to persons who have a hearing disability.
Public Service Announcements
Courts may choose televised public service announcements to transmit messages to local
residents. For example, the court may fund a message for broadcast on television stations
about the local Court Appointed Special Advocates (CASA) program or may show a short
orientation videotape to prospective jurors. In any multimedia production, courts should
consider providing captions for any spoken content so that people who are deaf or hard of
hearing can access the content.
There are two different types of captioning available. Open captioning displays the captions
directly on the screen where all viewers can readily see the captions. The subtitles on foreign
language movies are a form of open captioning. While open captions can be effective for
people who are deaf and hard of hearing, the hearing population also relies on the captions in
noisy venues such as airports, health clubs, and restaurants. However, open captioning can
also be distracting for some viewers. Thus, closed captioning provides coded captions that
are embedded in the video. Televisions manufactured after 1993 have a caption decoder chip
that decodes the captioned video.
If courts work with a production company to create a video, it should be captioned. Most
production companies have the capability to provide either open or closed captions on
request. If the video is to be displayed in the courtroom, the court should be sure that the
television where the video is to be displayed is equipped with closed captioning and that
courtroom personnel have the training to set closed captioning options on request.
Another possible solution for courts without the funding to provide closed captioning is to
present the video on a split-screen. The content of the video would be shown on one half of
the screen, while a sign-language interpreter would interpret the spoken words on the other
half of the screen. While this is a low-cost approach, it may not be as effective as captioning
for long videos, or for persons who are hard of hearing and do not understand sign language.
Alternate Document Formats
People with disabilities that affect their ability to read print may request print materials in
alternate formats. Common examples of alternate formats include:
? Audiotape: Courts should make sure that any audiotape versions of documents are
recorded in a way that is clear and understandable.
? Braille: Braille uses a system of raised dots to represent letters. Documents in
Braille are embossed onto heavy paper and read by touch. A court may choose to
purchase a Braille embosser and the necessary software to translate electronic
documents into Braille, but it may be more convenient to contract this work out to an
expert in Braille printing. Because the majority of people who are blind do not use
Braille, however, it should not be the only type of alternate format provided.
? Electronic Files: Courts can use either a floppy disk or a CD-ROM to deliver
electronic copies of documents depending on the technology needs of the person
making the request. Documents should be saved on disk either in text format (.txt
extension) or in Microsoft Rich Text Format (.rtf) extension unless the person
requests a specific file format.
? Large Print: The minimum size for creating large-print documents is 18-point font,
which can be easily produced on most word processors. However, a person with low
vision may request a larger font. If the document is not available electronically, use
the enlarging features on a copier to provide large print.
Accessible Websites
Increasingly, electronic and information technology is the medium for the exchange of
information. Many people with disabilities use "assistive technology" to enable them to use
computers and access the Internet. People who are blind and cannot see computer monitors
may use screen readers - devices that speak the text that would normally appear on a
monitor. People who have mobility impairments and experience difficulty using a computer
mouse can use voice recognition software to control their computers with verbal commands.
People with other disabilities may use still other kinds of assistive technology.
As it becomes more common to provide public services over the Internet, courts should be
aware of potential barriers that people with disabilities face in accessing their Internet sites.
Many researchers draw a parallel to the design of accessible buildings and the design of
accessible websites. In both instances, making just a few changes can make the building or
the website more accessible to people with disabilities. However, the changes that need to
be made to an Internet site are less expensive and more easily implemented than installing a
ramp or widening a door. Designers may not realize how simple features built into a web
page will assist someone who, for instance, cannot see a computer monitor or use a mouse.
Creating accessible Internet sites only appears more complicated because most people are
not familiar with the computer code used to create websites.
An example of a barrier is a photograph of a courthouse on a court's website with no text
identifying it. Because screen readers cannot interpret images unless there is text associated
with it, a blind person would have no way of knowing whether the image is an unidentified
photo or logo, artwork, link to another page, or something else. Simply adding a line of
hidden computer code to label the photograph "Photograph of County Courthouse" will
allow the blind user to make sense of the image.
Technology offers tremendous potential for Michigan courts to provide effective services.
The U.S. Department of Justice suggests the following voluntary action plan for providing
accessible websites:
? Establish a policy that your web pages will be accessible and create a process for
implementation.
? Ensure that all new and modified web pages and content are accessible:
? Check the HTML of all new web pages. Make sure that accessible elements
are used, including alt tags, long descriptions, and captions, as needed.
? If images are used, including photos, graphics, scanned images, or image
maps, make sure to include alt tags and/or long descriptions for each.
? If you use online forms and tables, make those elements accessible.
? When posting documents on the website, always provide them in HTML or a
text-based format (even if you are also providing them in another format,
such as Portable Document Format (PDF)).
? Develop a plan for making your existing web content more accessible. Describe
your plan on an accessible web page. Encourage input on improvements, including
which pages should be given high priority for change. Let citizens know about the
standards or guidelines that are being used. Consider making the more popular web
pages a priority.
? Ensure that in-house staff and contractors responsible for web page and content
development are properly trained.
? Provide a way for visitors to request accessible information or services by posting a
telephone number or e-mail address on your home page. Establish procedures to
assure a quick response to users with disabilities who are trying to obtain information
or services in this way.
? Periodically enlist disability groups to test your pages for ease of use; use this
information to increase accessibility.
A U.S. Department of Justice publication, "Accessibility of State and Local Government
Websites to People with Disabilities," explains many of the issues involved in creating
accessible websites. The publication is available online at the Department of Justice website http://www.ada.gov/websites2.htm. PART V:
Removing Common Barriers to Access - Facilities
Facility Access
Existing Facilities
If a courthouse is inaccessible, because doorways are too narrow, restroom facilities are
inaccessible, or steps are the only way to get to all or portions of a facility, people with
mobility, visual, and hearing impairments may not be able to fully participate in jury duty,
attend hearings, and gain access to other services. Title II of the ADA calls on state and
local courts to ensure that their programs, services, and activities are accessible to people
with disabilities, even if located in older buildings, unless to do so would fundamentally alter
a program, service, or activity or result in undue financial or administrative burdens. This
requirement is called program access.
Program access may be achieved by a number of methods. While in many situations
providing access to facilities through structural methods, such as alteration of existing
facilities and acquisition or construction of additional facilities, may be the most efficient
method, a court system may pursue alternatives to structural changes in order to achieve the
necessary access. The court can:
? relocate the program or activity to an accessible facility;
? provide the activity or service in another manner that meets ADA requirements; or
? make modifications to the building or facility itself to provide accessibility.
However, when choosing among available methods of providing program accessibility, the
court must give priority to those methods that offer services, programs, and activities in the
most integrated setting appropriate. The Department of Justice ADA Title II Technical
Assistance Manual includes the following illustration:
D, a defendant in a civil suit, has a respiratory condition that prevents her from climbing
steps. Civil suits are routinely heard in a courtroom on the second floor of the courthouse.
The courthouse has no elevator or other means of access to the second floor. The public
entity must relocate the proceedings to an accessible ground floor courtroom or take
alternative steps, including moving the proceedings to another building, in order to allow D
to participate in the civil suit.
U.S. Department of Justice, ADA Title II Technical Assistance Manual, http://www.usdoj.gov/crt/ada/taman2.html Program access is a workable requirement because it is reasonable. The State of Michigan
ADA Coordinator [Patrick Cannon, director of the Michigan Commission for the Blind
(MCB), Department of Labor & Economic Growth, also serves as state Americans with
Disabilities Act (ADA) coordinator] stands ready to assist courts in examining options and
determining the most appropriate method(s) for achieving program access in a particular
court setting.
Setting Priorities
When accessibility-related architectural and structural improvements are planned, court
systems must ensure that they meet applicable state and federal requirements, briefly
outlined below.
If a court system cannot renovate or remove all inaccessible barriers, priority should be
considered as follows:
? Parking, Approach, and Entrance: Access must be provided to the courthouse
from parking areas, public sidewalks, or public transportation stops that abut or are
located on court property. This can include installing accessible parking spaces,
widening entrances, constructing ramps, or repairing sidewalks. If the main entrance
to a courthouse cannot be made accessible, signage should be posted to direct visitors
to the accessible entrance.
? Public and Program Access: Access must be provided to and within the rooms and
spaces where court programs and activities are conducted, including:
? Courtrooms: jury selection and juror assembly rooms, deliberation rooms, judges'
benches, jury boxes, and witness stands, and stations used by clerks, court officers,
deputy clerks, court reporters, litigants, and counsel. This access can include
installing assistive listening systems, Braille signage, or fire alarms with visual alerts
in one or more courtrooms, or installing an elevator in an inaccessible building;
? Supporting Facilities: holding cells, restrooms, court floor holding cells, restrooms,
visitation rooms, cubicles, and communication devices;
? Security Systems: If metal detectors have been installed, provide an alternate means
for people with disabilities who use mobility aids such as wheelchairs to pass
through these systems such as the use of wands to conduct searches.
? Ancillary Areas and Restrooms: A court must include access to public use areas
serving the buildings, including cafeteria/snack bars and restrooms. Restroom access
includes installing accessible stalls, providing insulation for exposed pipes carrying
hot water, adjusting the location of coat hooks, or installing grab bars and raised
toilets.
? Additional Considerations: A court must take other necessary measures needed to
remove barriers to accessibility. These measures can include installing accessible
drinking fountains, installing no-slip surfaces where appropriate, and providing
accessibility to offices not generally used by the public; and installing public
telephones with volume control mounted at an accessible height.
Where existing space and cost constraints hamper efforts to ensure full accessibility, courts
should take the following simple steps to reduce or eliminate situations that may pose
unnecessary barriers:
? Utilize the court's disability/accommodation protocol to better anticipate when
alternative arrangements or relocation may be necessary to ensure that an individual
with a disability has the opportunity to fully participate; and
? Regularly maintain the court's existing architectural, mechanical, and physical
accessibility features. If accessibility must be disrupted to perform required
maintenance, the work should be scheduled during off hours if possible.
Historic Preservation
Michigan has many historic county courthouses that represent the importance of justice in
the state's rich history. Courts may face significant challenges in making historic
courthouses accessible for people with disabilities while preserving the historic character of
these structures. The ADA does not exempt historically significant facilities from coverage.
If any alterations are made to a historic courthouse - for example, installing an accessible
bathroom or water fountain - a court must follow either the ADA accessibility standards or
the Uniform Federal Accessibility Standards to the maximum extent feasible. If following
these standards would result in damage to the historic significance of the courthouse,
alternative standards that provide "a minimal level of access" may be used. The ADA
provides that public entities are not required to make structural changes to historic facilities
if doing so would "threaten or destroy" the historical significance of the property. This
provision applies only to properties that are listed or eligible for listing in the National
Register of Historic Places or properties designated as historic under state or local law.
Courts should consult their local historic district office or the Michigan State Historic
Preservation Office regarding such modifications. Members of the community, including
people with disabilities, should be invited to participate in whatever process the court uses to
make decisions.
Under the program access requirement, if court services cannot be offered to citizens with
disabilities in historically significant structures, then the programs or services conducted in
the facility must be offered in an alternative accessible manner or location when needed. For
example, a rural county court that holds hearings in an inaccessible county courthouse may
move proceedings to an accessible courtroom in a city-owned building.
New Construction and Alterations
Newly constructed or structurally altered court buildings must be designed and constructed
in compliance with federal and state accessibility requirements. Courts should be aware that
there can be differences between state and federal requirements in their source, their content,
and their legal effect.
Standards and Guidelines
? Michigan Law: Utilization of Public Facilities by the Physically Limited Act of 1966
governs the accessibility of newly constructed or remodeled buildings in Michigan. http://legislature.mi.gov/doc.aspx?mcl-Act-1-of-1966 ? Federal Law: The U.S. Architectural and Transportation Barriers Compliance Board
(Access Board) develops and maintains accessibility guidelines for buildings and
facilities. When the Access Board's guidelines are adopted in the U.S. Department of
Justice (DOJ) regulations implementing the ADA, they become enforceable ADA
standards.
DOJ has adopted standards for generic spaces and elements (such as entrances, hallways,
doorways, toilet facilities, and parking spaces)(http://www.ada.gov/adastd94.pdf). These
standards are enforceable for Courts. However, DOJ has not yet adopted standards for
elements and spaces that are unique to judicial facilities, such as jury boxes, witness stands,
and holding cells. The Access Board has developed a new set of guidelines that address generic spaces and
elements as well as those that are unique to different types of facilities. These supersede the
previous Access Board guidelines. DOJ intends to consider adoption of the new guidelines
as a package, including both the generic and the unique elements. In the interim, courts must
follow DOJ's standards for generic spaces and may adapt these standards in designing unique
element/spaces.
Guidelines for Courtroom Accessibility
The new ADA-ABA guidelines address access to both public and restricted or secured areas
of courthouses and judicial facilities, including:
? Entrances: The guidelines cover access to public entrances and to entrances that are
restricted for use by courthouse personnel and detainees. Features that control use,
such as intercommunication devices for controlled entry, are addressed so that they
are accessible to people with hearing or vision impairments. These devices, where
provided, are required to have audible and visual signals. Certain exemptions are
provided for entrances and doors used only by security personnel. In addition, access
through or around security screening systems, such as metal detectors, is addressed
for people who use mobility aids.
? Courtrooms:
? Jury Boxes and Witness Stands. Jury boxes and witness stands in each
courtroom are required to be accessible. Where such spaces are elevated, a
ramp or platform lift is necessary to provide an accessible route for people
unable to use steps. Sufficient space as detailed in the guidelines is required
for people who use wheelchairs or other mobility devices. Such space is to
be located within the defined area of jury boxes and witness stands.
? Judges' Benches and Courtroom Stations. The guidelines also cover access
to judges' benches and courtroom stations used by court personnel or
litigants, such as clerk and court officer stations. Since these spaces are used
mainly by employees, the guidelines allow access to be provided on an asneeded
basis, provided that certain conditions are met to facilitate postconstruction
adaptations. For example, steps to a judge's bench are permitted
if wiring and other features to support later installation of a platform lift are
included in the design.
? Spectator Areas. Spectator seating in courtrooms is subject to criteria
covering assembly areas generally. These provisions specify a minimum
number of wheelchair spaces according to the seating capacity. Technical
criteria for wheelchair spaces address the minimum size and connection by
an accessible route.
? Assistive Listening Systems. Assistive listening systems provide access for
people who are hard of hearing by enhancing the sound signal of audio
amplification systems through a receiver. These systems are required in each
courtroom to ensure access for people with hearing impairments to court
proceedings, whether they are participants or observers. Assistive listening
systems are generally categorized by their mode of transmission. There are
hard-wired systems and three types of wireless systems: induction loop,
infrared, and FM radio transmission. Not all technologies may be suitable for
courtrooms. For example, infrared technology is typically a better choice
than an FM system where confidential transmission is important.
? Jury Rooms and Assembly Areas: The guidelines cover access to rooms and spaces
used for jury selection and for deliberations by empanelled jurors. An accessible
route must serve these spaces and certain elements, where provided, such as drinking
fountains and refreshment counters, must comply with applicable access criteria.
? Holding Cells: Holding cells or rooms within courthouses are required to be
accessible. The new ADA guidelines are written to cover cells individually serving
courtrooms as well as central holding facilities within a courthouse. Design criteria
are provided for elements that may be provided within cells, such as toilets and
benches.
Appendix A:
---Disability Resources
---Local disability resources can be found easily using the following link to the Michigan
Disability Resource Directory. In this appendix, only national and state resources are
listed. http://mdrd.state.mi.us/ ---Building Capacity: Resources
---General
The National Center for State Courts
ADA Resource Center for State Courts
300 Newport Avenue
Williamsburg, VA 23185
(757) 259-7590 Phone
(757) 564-2075 Fax
Web: http://www.ncsconline.org U.S. Department of Justice
950 Pennsylvania Avenue, NW
Civil Rights Division
Disability Rights Section - NYAV
Washington, D.C. 20530
(800) 514-0301 Phone
(202) 307-1198 Fax
Web: http://www.usdoj.gov/crt/ada/ American Bar Association
Commission on Mental and Physical Disability Law
740 15th Street, N.W.
Washington, DC 20005-1019
(202) 662-1000 Phone
E-mail: www.cmpdl at abanet.org ---Deaf and Hard of Hearing Resources
--- Self Help for Hard of Hearing People, Inc.
7910 Woodmont Avenue, Suite 1200
Bethesda, Maryland 20814
(301) 657-2248 (Voice)
(301) 657-2249 (TTY)
Web: http://www.shhh.org/ ---Interpreting Services ---Interpreter Referral Agencies
Division on Deaf and Hard of Hearing
Michigan Commission on Disability Concerns
Department of Labor & Economic Growth
201 N. Washington Square, Suite 150
Lansing, MI 48913
(877) 499–6232 V/TTY (toll-free)
(517) 335–6005 V/TTY
(517) 335–7773 FAX
VP 866-939-3853 or IP: DODHH.net dodhh at michigan.gov http://www.mcdc-dodhh.org Michigan Online Interpreter System Michigan Association for Deaf and Hard of Hearing (MADHH)
5236 Dumond Ct., Suite C
Lansing, MI 48917-6001
In MI: (800) YOUR–EAR (968–7327)
(517) 487-0066 Phone
(517) 487-2586 Fax info at madhs.org http://www.madhh.org ---Blind Community Resources
---Table with 1 column and 2 rowsMCB Office Locations & Staff Directory: Michigan Commission for the Blind
The Michigan Commission for the Blind (MCB) Central Administrative Office and the
Library Service for the Blind and Physically Handicapped are both in Lansing. The
residential MCB Training Center is in Kalamazoo. MCB Regional Offices are located in
Detroit, Escanaba, Flint, Gaylord, Grand Rapids, Kalamazoo, Lansing, and Saginaw. Office
contact information is listed below:
CENTRAL ADMINISTRATIVE OFFICE
Michigan Commission for the Blind
201 N. Washington, 2nd Floor
P.O. Box 30652
Lansing, MI 48909
(517) 373-2062 Voice
(517) 335-5140 Fax
(517) 373-4025 TTY
Toll-Free Numbers:
1-800-292-4200 (voice, answered in Lansing)
1-800-323-2535 (voice, answered in Escanaba)
1-888-864-1212 TTY
DETROIT REGIONAL OFFICE
Michigan Commission for the Blind
Cadillac Place
3038 W. Grand Blvd.
Suite 4-450
Detroit, MI 48202-6038
(313) 456-1646 Phone
(313) 456-1645 Fax
ESCANABA REGIONAL OFFICE
Michigan Commission for the Blind
State Office Building, 1st Floor
305 Ludington
Escanaba, MI 49829
(906) 786-8602 Phone
(906) 786-4638 Fax
FLINT REGIONAL OFFICE
Michigan Commission for the Blind
Flint State Office Building
125 E. Union, 7th Floor
Flint, MI 48502
Table endTable with 1 column and 1 row(810) 760-2030 Phone
(810) 760-2032 Fax
GAYLORD REGIONAL OFFICE
Michigan Commission for the Blind
209 W. First Street, Suite 102
Gaylord, MI 49735
(989) 732-2448 Phone
(989) 731-3587 Fax
GRAND RAPIDS REGIONAL OFFICE
Michigan Commission for the Blind
State Office Building, 4th Floor
350 Ottawa Ave., N.W.
Grand Rapids, MI 49503
(616) 356-0180 Phone
(616) 356-0199 Fax
KALAMAZOO REGIONAL OFFICE
Michigan Commission for the Blind
1541 Oakland Drive
Kalamazoo, MI 49008
(269) 337-3875 Phone
(269) 337-3872 Fax
LANSING REGIONAL OFFICE
Michigan Commission for the Blind
201 N. Washington, 2nd Floor
P.O. Box 30652
Lansing, MI 48909
(517) 373-6425 Phone
(517) 335-0254 Fax
SAGINAW REGIONAL OFFICE
Michigan Commission for the Blind
Jerome T. Hart Building
411 E. Genesee
Saginaw, MI 48607
(989) 758-1765 Phone
(989) 758-1405 Fax
LIBRARY SERVICE FOR THE BLIND AND PHYSICALLY HANDICAPPED
(Located two blocks west of the State Capitol, with parking entrance on Kalamazoo
between Pine and Butler)
Michigan Library & Historical Center Building
First Floor
702 West Kalamazoo St.
P.O. Box 30007
Lansing, MI 48909-7507
(517) 373-5614 Phone
1-800-992-9012 Toll-free phone
Table endTable with 1 column and 1 row1-800-726-7323 In State Fax
(517) 373-5865 Out of State Fax
Table end ---Mental Health and Cognitive Disabilities Resources ---The Bazelon Center for Mental Health Law
1101 15th Street, NW Suite 1212
Washington, DC 20005
(202) 467-5730 Phone
(202) 223-0409 Fax
Web: http://www.bazelon.org/ ---Facility-Related Resources
---U.S. Department of Justice
950 Pennsylvania Avenue, NW
Civil Rights Division
Disability Rights Section - NYAV
Washington, D.C. 20530
(800) 514 -0301 Phone
(202) 307-1198 Fax
Web: http://www.usdoj.gov/crt/ada/ U.S. Architectural and Transportation Barriers Compliance Board (Access Board)
331 F Street, NW, Suite 1000
Washington, DC 20004-1111
(800) 872-2253 (v)
(800) 993-2822 (TTY)
(202) 272-0081 (fax)
E-mail: info at access-board.gov Web: http://www.access-board.gov/ ---Advocacy Services
---Michigan Protection and Advocacy Services - Web: http://www.mpas.org
Michigan Protection and Advocacy Service -- Lansing Office
4095 Legacy Parkway, Suite 500
Lansing, MI 48911-4263
1-800-288-5923 Phone (Toll Free)
(517)487-1755 Alternate phone
(517)487-0827 Fax
Michigan Protection and Advocacy Service -- Livonia Office
29200 Vassar Blvd., Suite 200
Livonia, MI 48152-2116
1-800-414-3956 Phone (Toll Free)
(248)473-2990 Alternate Phone
(248)473-4104 Fax
Michigan Protection and Advocacy Service -- Marquette Office
129 West Baraga Ave., Suite A
Marquette, MI 49855-4644
1-866-928-5910 Phone (Toll Free)
(906)228-5910 Alternate Phone
(906)228-9148 Fax
Appendix B: MC 70 - Request for Reasonable Accommodation
Appendix C: Model Local Administrative Order
Appendix D: Grievance Form
Appendix E: Sign Language Interpreters in the Courtroom
Are there credentialing and ethics considerations for sign language interpreters?
Yes. According to current Michigan law,10 the designated sign language interpreter in legal
settings must be certified through the national registry of interpreters for the deaf (RID) or
certified through the state by the Division on Deaf and Hard of Hearing of the department of
Labor and Economic Growth. RID-certified interpreters are bound by the RID Code of
Ethics and the Michigan Code of Professional Responsibility for Court Interpreters.
Additionally, The National Center for State Courts' Model Code of Professional
Responsibility for Interpreters in the Judiciary can be used as a guide for interpreter conduct
and responsibilities.
10 MCL 393.502, MCL 393.503a
What is the duty of a certified interpreter?
Sign language interpreters are officers of the court who are appointed to provide interpreting
services for court proceedings. The duty of the interpreter is to interpret the spoken and
signed proceedings accurately while maintaining the integrity of the communication. The
interpreter must execute this role with total absence of bias and must maintain strict
confidentiality.
How do I locate a certified interpreter?
This technical handbook contains a list of some of the interpreting services brokers/agencies
in Michigan. You can also contact the State Court Administrative Office (SCAO) for
additional information. The Registry of Interpreters for the Deaf web site at http://www.rid.org lists certified members as well as the Michigan Registry of Interpreters
for the Deaf at http://www.mirid.org/ How much lead time do I need to locate a certified and experienced legal interpreter?
The shortage of sign language interpreters for any setting is problematic nationally and the
scarcity of those who are actually qualified to work in legal and judicial settings is even more
severe. Hence, the more lead time an agency has to secure a qualified legal interpreter, the
better the chance of finding one. Given the unpredictability of need in legal and judicial
settings, it is imperative that attorneys, clerks, law enforcement, etc. inform the Court of the
need for an interpreter as soon as possible. Outside of the mandated Court appearances that
must be done within a specific time frame, flexibility in scheduling Court appearances, trials,
hearings, etc., will increase the chances that a qualified interpreter or team of interpreters will
be found.
Why do I need more than one interpreter?
Because of the length or complexity of most legal assignments, a team of two or more
interpreters will be necessary in order to ensure the integrity of the court's record.
How will a team of interpreters work in court?
When working as a team for the proceedings, interpreters will work in teams of two or more.
Interpreting is more mentally and physically demanding than most people realize and the
first thing to suffer as a result of interpreter fatigue is accuracy. Therefore, when working as
a team, the interpreters will engage in a system of monitoring to ensure the quality of the
process. This process requires the support interpreter to provide the working interpreter with
small bits of information that may have been missed. However, if a substantive point has
been missed, the interpreters will immediately inform the court of the omission. During the
proceedings, the interpreters will utilize written notes to ensure consistency in the process
and to provide feedback to one another. At the end of the proceedings, the interpreters will
make these notes available to the court. The interpreters infrequently may also need
clarification or repetition from the court or may need to confer with one another regarding
the process and will inform the court if the need arises.
Should the Sign Language Interpreters be administered an Oath?
Yes. Sign Language Interpreters should be administered an Interpreter's Oath prior to the
start of the proceedings and before counsel make their appearance for the record:
Suggested Interpreter's Oath
“Do you solemnly swear or affirm that you will interpret accurately, completely, and
impartially, using your best skill and judgment in accordance with the standards prescribed
by law and the Code of Professional Conduct for Interpreters in Michigan courts, follow all
official guidelines established by this court for legal interpreting, and discharge all of the
solemn duties and obligations of legal interpretation?”
The provision of an interpreter by an agency does not absolve the court from determining
whether an interpreter is qualified. Therefore, qualifying the interpreter at this time will
ensure the interpreter's credentials, experience and skills are satisfactory to all parties. This
bulletin contains a list of questions to consider when qualifying interpreters. Lastly,
interpreters should disclose for the record any prior professional and/or social contacts with
the person who is deaf.
What is American Sign Language (ASL)?
ASL is a naturally occurring language with its own distinct syntax, grammar, and sentential
structure. ASL is comparable in complexity and expressiveness to spoken languages. It is
not a form of English. Most culturally deaf people regard ASL as their natural language,
which reflects their cultural values and keeps their traditions and heritage alive. It is used
mainly in North America.
How does the sign language interpreting process work?
Proceedings interpreters are on duty throughout the proceedings to interpret the proceedings
and will function as officers of the court.
Counsel table interpreters may also be present during the proceedings. Seated between the
attorney and client, the counsel table interpreter will interpret all communications between
the attorney and client during the proceedings and will interpret as needed for other nonproceeding
interchanges. Counsel table interpreters may or may not serve as monitors of the
proceedings interpreters.
Proceedings interpreters are occasionally requested by the court to also serve as interpreters
for a deaf defendant and attorney or a deaf plaintiff/victim and prosecuting attorney. While
this is not an ideal situation, interpreters, as officers of the court, serve at the court's
discretion and will make every effort to accommodate the court. However, there may be
situations where serving in a dual capacity would be inappropriate or would pose a potential
conflict of interest. If this is the case, the interpreters will inform the court of the potential
conflict.
When the interpreter addresses the court, the interpreter will speak in third person in order to
indicate for the record that it is the interpreter speaking. When a person who is deaf
addresses the court in sign language, the interpreter will interpret in spoken English and will
use first person to indicate for the record that it is the person who is deaf speaking.
It is impossible to sign and speak at the same time when addressing the court because
American Sign Language (ASL) and English are grammatically dissimilar languages.
Therefore, if working with a team interpreter, one interpreter will address the court while the
other interpreter will continue interpreting. Depending on the setting, bench conferences
may be more appropriate and will be requested as necessary. Courts should hold all bench
conferences on the record. If working alone, the interpreter will address the court without
signing. The person who is deaf will have been informed that this situation could occur.
The proceedings interpreters must maintain an appearance of neutrality at all times and avoid
unnecessary discussions with counsel, parties, witnesses, and interested parties both inside
and outside the courtroom. If others make this problematic for the interpreters, the
interpreters will request assistance from the court regarding possible instructions from the
court to the parties involved. In light of this requirement, the interpreters may need to have a
room or place reserved to retire to during breaks to avoid unnecessary interaction with
others.
At times, there will be information that is not interpreted such as the swearing in of the
interpreters, sidebar conversations, and attorney-client discussions.
What are some of the logistical considerations?
Depending on the individual who is deaf and the specific situation, there may be particular
linguistic and procedural issues, logistics, positioning, etc. that will need to be addressed
with the court during a brief, pre trial conference.
Sign language interpreters are positioned in the courtroom differently from spoken language
interpreters. Because ASL is a visual language, the interpreter must be placed in front of the
person for whom they are interpreting. If a team of two interpreters has been appointed, the
second interpreter will need to take a position in the sightline of the first interpreter,
preferably behind and slightly to the side of the deaf individual. The interpreters request that
they be allowed some time prior to the commencement of the proceedings for appropriate
positioning to be determined. In doing so, the interpreters will make every effort to ensure
that all sightlines in the well of the court are preserved.
When two interpreters are working as a team, the support interpreter will relieve the working
interpreter every twenty minutes or so. The interpreters will make every effort to do this
during a natural pause and will do so as inconspicuously as possible. As happens when
working between spoken languages, occasionally there will be a lack of direct equivalence
between English and ASL. Consequently, the interpreter may require a longer period of time
to provide an equivalent spoken or signed interpretation. Therefore, if the interpreter is still
working after someone has stopped signing or speaking, it is usually a function of this
linguistic process. Because of the visual nature of the interpreting process, the interpreters
respectfully request that care be given when positioning exhibits or moving about the well of
the courtroom to avoid impeding the sightlines.
What are the special considerations when interpreting for jury duty?
Interpreters for jury duty are present only to provide interpreting services during preliminary
instructions, voir dire, and, upon empanelment, judicial proceedings, instructions, and
deliberations. The interpreters are not a party in the case, have no interest in the case, and
will remain completely neutral.
Interpreters are prohibited from being involved in any manner other than to provide
interpreting services as noted above. Interpreters are not allowed to converse with any
member of the jury panel outside of the interpreting process. Interpreters are prohibited from
engaging in discussions about or commenting on the judicial process or proceedings. All
questions will be referred to the appropriate court official.
During deliberations, interpreters are present to carry out their responsibilities and duties as
court interpreters and officers of the court. Consequently, they are only permitted to
interpret the conversations and discussions among jurors. They are not permitted to interject
their opinions, thoughts, or questions. They are not permitted to speak with any of the jurors
on their own behalf. Their sole purpose in being present is to interpret.
Sign Language Interpreter's Code of Ethics
The Registry of Interpreters for the Deaf, Inc. has set forth the following tenets of ethical
behavior to protect and guide interpreters and hearing and deaf consumers. Underlying these
principles is the desire to ensure for all the right to communicate. This Code of Professional
Conduct applies to all members of the Registry of Interpreters for the Deaf, Inc. and to all
certified non members.
1. Interpreters adhere to standards of confidential communication.
2. Interpreters possess the professional skills and knowledge required for the specific
interpreting situation.
3. Interpreters conduct themselves in a manner appropriate to the specific
interpreting situation.
4. Interpreters demonstrate respect for consumers.
5. Interpreters demonstrate respect for colleagues, interns, and students of the
profession.
6. Interpreters maintain ethical business practices.
7. Interpreters engage in professional development.
Resources for Sign Language Interpreters
Department of Labor and Economic Growth,
Michigan Commission on Disability Concerns,
Division on Deaf and Hard of Hearing
201 N. Washington Square, Suite 150
Lansing, MI 48913
(517) 335-6004 T/V
(877) 499-6232 T/V
(517) 335-7773 Fax
Michigan Registry of Interpreters for the Deaf
Web: http://www.mirid.org Registry of Interpreters for the Deaf, Inc.
333 Commerce Street Alexandria, VA 22314
(703) 838-0030 Phone
Web: http://rid.org/ The National Center for State Courts
ADA Resource Center for State Courts
300 Newport Avenue
Williamsburg, VA 23185
(757) 259-7590 Fax: (757) 564-2075
Web: http://www.ncsconline.org U.S. Department of Justice
950 Pennsylvania Avenue, NW
Civil Rights Division
Disability Rights Section - NYAV
Washington, D.C. 20530
(800) 514-0301 Phone
(202) 307-1198 Fax
Web: http://www.usdoj.gov/crt/ada/ American Bar Association
Commission on Mental and Physical Disability Law
740 15th Street, N.W.
Washington, DC 20005-1019
(202) 662-1000 Phone
E-mail: www.cmpdl at abanet.org Appendix F - Law Supplement
Federal Statutes Affecting People with Disabilities
1. ADA and ADA Amendments Act
http://www.ada.gov/pubs/adastatute08.pdf 2. A Guide to Disability Rights Laws
http://www.ada.gov/cguide.pdf Michigan Statutes Affecting People with Disabilities
1. 1982 PA 204 of: Deaf Persons’ Interpreters Act
http://www.michigan.gov/documents/dleg/PA_204_Amended_2007_242542_7.p
df 2. 1937 PA 72 of: Division on Deafness Act
http://www.legislature.mi.gov/(S(u1zzfsferzdftl2ft2ws2j55))/documents/mcl/pdf/
mcl-Act-72-of-1937.pdf 3. 1976 PA 220 of: Persons with Disabilities Civil Right Act
http://www.michigan.gov/documents/act-220-of-1976_8771_7.pdf 4. MCL 750.502c Person with disabilities or trainer led by guide, leader, hearing, or
service dog; refusing entry to or use of public or private accommodations as
misdemeanor; conditions; identification card; list; definitions.
http://www.legislature.mi.gov/(S(jasmifznb4pdaa55rwhwxkyv))/documents/mcl/p
df/mcl-750-502c.pdf SCAO Model Policy: Requests for Accommodations by
Persons with Disabilities.
1. [Policy] It shall be the intent of the __________ court to assure that qualified
individuals with disabilities have equal and full access to the judicial system by
providing a written accommodations policy. Nothing in this policy shall be
construed to limit, invalidate, or expand the remedies, rights, and procedures
accorded to any qualified individual with disabilities under state or federal law.
2. [Definitions] The following definitions shall apply under this policy:
a. “An individual with a disability” means a person covered by the
Americans with Disabilities Act of 1990 (42 USC 12101 et seq.) and the ADA
Amendments Act of 2008, and includes individuals who have a physical or
mental impairment that substantially limits one or more major life activities; have
a record of such an impairment; or are regarded as having such an impairment.
b. “Qualified Individual with a Disability” means a person who meets the
essential eligibility requirements for participation. This not only includes
persons involved in a case, such as lawyers, parties, witnesses, or jurors, but also
includes spectators or anyone else who is eligible to participate in a program,
service, or proceeding in a court in Michigan.
c. “Accommodation(s)” may include, but are not limited to, making
reasonable modifications in policies, practices, and procedures; furnishing, at no
charge, to qualified individuals with disabilities, auxiliary aids and services,
which may include equipment, devices, materials in alternative formats, and
qualified interpreters or readers; and making each service, program, or activity,
when viewed in its entirety, readily accessible to and usable by qualified
individuals with disabilities requesting accommodations. In order to ensure that
court services are accessible, access may be provided by various methods,
including alteration of existing facilities, acquisition, or construction of additional
facilities, relocation of a service or program to an accessible facility, or provision
of services at alternate sites. This court will consider the expressed choice of the
individual requesting the accommodation to facilitate effective communication.
This court will not place a surcharge on a particular individual or group of
individuals to cover the cost of accommodation.
d. “Policy” means the procedures set forth in this document regarding
requests for accommodations in ______________[name of court] by qualified
individuals with disabilities.
3. Confidentiality applies to the identity of the applicant in all oral or written
communications, including all files and documents submitted by an applicant as
part of the application process.
4. [Procedure] The following procedure for requesting accommodations is
established:
a. Applications requesting accommodations pursuant to this policy may be
presented in writing, on a form approved by the State Court Administrative
Office and provided by the court, or orally as the court may allow. Applications
should be made to the _____________________[identify ADA Coordinator or
court staff designated to coordinate requests for accommodations] at the [specify
location of the office of the ADA Coordinator].
b. All applications for accommodations shall include a description of the
accommodation sought along with a statement of the functional impairment that
necessitates the accommodation. The court, in its discretion, may require the
applicant to provide additional information about the qualifying impairment.
c. Applications should be made as far in advance of the requested
accommodation implementation date as possible.
d. Upon request, this court shall maintain the application form in a separate,
confidential file so as not to reveal the identity or other information contained in
the application for accommodation.
5. [Permitted communication] If the applicant is a party in a pending case, the
communications with the court concerning the application shall deal only with
the accommodation(s) necessary to provide access and shall not deal in any
manner with the subject matter or merits of the proceedings before the court.
6. [Grant of accommodation] This court shall grant an accommodation as follows:
a. In determining whether to grant an accommodation and what
accommodation to grant, the court shall consider, but is not limited by, the
applicable provisions of the Americans with Disabilities Act of 1990, the ADA
Amendments Act of 2008, Section 504 of the Rehabilitation Act of 1973, the
state Deaf Persons Interpreters Act, 1982 PA 204; The Michigan Handicapper
Civil Rights Act, 1976 PA 20; and the Elliott-Larsen Civil Rights Act, 1976 PA
453.
b. The court shall inform the applicant in writing, or other accessible format
needed by the applicant, of the reasons a request for accommodation is either
granted or denied.
7. [Denial of accommodation] An application may be denied only if the court finds
that:
a. The applicant has failed to satisfy the requirements of this policy; or
b. The requested accommodation(s) would result in a fundamental alteration
in the nature of the program, service, or activity, or create an undue financial or
administrative burden on the court.
8. [Review procedure] An applicant whose request for accommodation has been
denied or granted may seek review of a determination made by nonjudicial court
personnel within five days of the date of the notice of denial or grant by
submitting a request for review to the chief judge.
9. [Duration of accommodations] The accommodations by the court shall
commence on the date indicated in the notice of accommodation and shall remain
in effect for the period specified in the notice of accommodation. The court may
grant accommodations for indefinite periods of time or for a particular matter or
appearance.
[Adopted effective_____________________________]
(Name of Court)
Americans with Disabilities Act
Grievance Form
Please provide the following information:
1. Name: ____________________________________________________________
Address: __________________________________________________________
City: ____________________________ State: _____ Zip Code: _____________
Home Phone: _____________________ Cell Phone: ______________________
E-mail address: _____________________________________________________
2. Date the aggrieved action occurred or was observed: _______________________
3. Name and location of the court program or service involved that is the subject of
the complaint.
Name of program or service: __________________________________________
Address: __________________________________________________________
City: ____________________________ State ________ Zip code: ___________
4. Name(s) of the Court employee with whom you made contact regarding the
subject of this grievance:
__________________________________________________________________
__________________________________________________________________
5. Describe why you believe you are the victim of discrimination on the basis of
disability in the delivery of (Name of court) programs and services:
__________________________________________________________________
__________________________________________________________________
__________________________________________________________________
__________________________________________________________________
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