Guest guest Posted November 27, 2006 Report Share Posted November 27, 2006 A Guide to Reasonable Accommodations for People with Disabilities First Edition, December 1996, 5026.01 * Western Law Center for Disability Rights, 919 South Albany, Los Angeles, CA 90015, (213) 736-1031 * Disability Rights Education and Defense Fund, 2212 - 6th Street, Berkeley, CA 94710, (510) 644-2555, 1-800-466-4232 * Center for the Elderly and the Disabled, 1605 Dreher Street, Sacramento, CA 95814, (916) 466-4851 * Protection & Advocacy, Inc., 449 - 15th Street, Suite 401, Oakland, CA 94612, (510) 839-0811, 1-800-776-5746 * Protection & Advocacy, Inc., 100 Howe Ave., Suite 235-N, Sacramento, CA 95825, (916) 488-9950, 1-800-776-5746 * Protection & Advocacy, Inc., 3580 Wilshire Blvd., Suite 902, Los Angeles, CA 90010, (213) 427-8747, 1-800-776-5746 This Guide is sponsored by Protection & Advocacy, Inc. (PAI). Written by Seth P. Brunner. Edited by Ruth Ordas. Publication costs funded by the Foundation of the State Bar of California. Computer research time donated by West Publishing. PAI encourages reproduction and distribution of this Guide. Access to the Courts A Guide to Reasonable Accommodations for People With Disabilities Table of Contents Question * What is the purpose of this Guide? * Why would I want to go to court, anyway? * What are my rights to reasonable accommodations in state courts? * What are my rights to reasonable accommodations in federal courts? * How do I know if I qualify for a reasonable accommodations? * What is the definition of " disability " ? * What does the court have to do to accommodate my disability? * What kinds of accommodations would a court make to make sure that I can communicate? * What kinds of accommodations might be reasonable? * If I have a visual impairment? * If I have a hearing impairment? * If I have a mental impairment? * If I have a physical disability? * If I have another disability, or if I have more than one disability? * Do I have to ask for reasonable accommodations? * When should I ask for reasonable accommodations? * How do I fill out the form? What should I write in the blanks? * How will I know if the court will accommodate my disability? * What should I do if the court won't give me reasonable accommodations? * Where should I call if I need help? * Endnotes * Request for Accommodations by Persons With Disabilities and Order * Judicial Council Form MC-410 Access to the Courts A Guide to Reasonable Accommodations for People With Disabilities What is the purpose of this Guide? The Guide describes your rights as a " person with a disability " to reasonable accommodations in the courts when: * You are a party (a plaintiff or a defendant) in a lawsuit; * You are a witness in a lawsuit; * You are called for jury duty; or * You want to watch a hearing or a trial. The Guide also describes: * Your rights in state and federal courts, and how they are different; * Who qualifies as a " person with a disability " ; * How to ask for reasonable accommodations for your disability; * Possible reasonable accommodations; * How to appeal if the court denies your request; and * What to do if you are not satisfied with the accommodations offered. Why would I want to go to court, anyway? Courts have many programs and services. You might want to file a document with the court. You might have to appear in court as a party in a case, as a witness, or as a juror. What are my rights to reasonable accommodations in state courts? The Americans with Disabilities Act (ADA)(1) gives " qualified persons with a disability " broad rights. These rights include: * To be free from discrimination; and * To have reasonable accommodations in state courts. State courts include small claims courts, juvenile courts, municipal courts, probate courts, family courts, superior courts, district courts of appeal, and the California State Supreme Court. In addition to the ADA, state law gives people with hearing impairments certain rights. If you are deaf of hearing impaired, and you are a party, a witness or a juror, you have a right to a court-appointed qualified interpreter. The court should not begin the proceeding until you can see the interpreter clearly.(2) Also, if you are a party, a witness, a juror, or someone who wants to watch a proceeding, and if you have a hearing impairment, you have the right to an assistive listening system or a computer-aided transcription system.(3) State law also gives you the right to bring a guide, signal or service dog into the courthouse.(4) You also have rights to reasonable accommodations in administrative hearings -- like special education hearings. This Guide does not address your rights in those hearings. If you have questions about your rights in administrative hearings, call Protection & Advocacy, Inc. (PAI) at 1-800-776-5746. What are my rights to reasonable accommodations in federal courts? Neither the ADA nor any other law gives you the right to accommodations for your disability in the federal courts. Federal courts include district courts, bankruptcy courts, circuit courts of appeals, and the United States Supreme Court. However, under federal law, if you have a hearing impairment, and you are a party or a witness, the court should provide you with a certified interpreter.(5) Even though no laws grant the right to reasonable accommodations in federal courts, you can still ask for accommodations. Most court clerks and judges know about the ADA and the idea of reasonable accommodations. You may have other rights in federal administrative hearings -- like Social Security hearings. If you have questions about your rights in administrative hearings, call PAI at 1-800-776-5746. How do I know if I qualify for reasonable accommodations? Under the ADA, you qualify for reasonable accommodations in a state court if you are a " qualified individual with a disability. " That means: * You have a disability (see definition below); and * You are eligible to receive services or take part in programs the court offers. People with disabilities are eligible for a court's programs and services. However, you cannot serve as a witness unless you can express yourself, either directly or through an interpreter. You must also be capable of understanding your duty to tell the truth.(6) What is the definition of " disability " ? A " disability " is: * A physical or mental impairment that substantially limits one or more of your major life activities -- such as caring for yourself, using your hands, walking, seeing, hearing, speaking, breathing, learning, and working. Some disabilities are paraplegia, deafness, a respiratory problem that makes it hard to exert yourself, mental retardation, or a brain injury. The impairment makes it hard for you to do the same things as most people. It also restricts the way you do things, where you can do them, or how long you can do them in comparison to other people. * A record of having such a physical or mental impairment. This could mean that: (a) You had the impairment in the past, but you are recovering; ( You were treated for the impairment in the past; or © You had an incorrect diagnosis, so that people thought you had the impairment. For example, you received mental health treatment in the past, you are a recovered alcoholic, you survived having cancer, or a doctor said you had cancer when you did not. 3. Other people think you have an impairment. For example, you have a disfiguring scar, or people think you have AIDS.(7) What does the court have to do to accommodate my disability? The court must make reasonable modifications to its policies, practices, or procedures when these modifications are necessary to avoid discriminating against you because of your disability. A court may not, because of your disability: * Keep you from participating in its services, programs or activities; * Deny you the benefits of its services, programs or activities; * Discriminate against you; or * Make its facilities inaccessible or unusable to you.(8) Also, the court must make sure that you can communicate in court.(9) However, the court does not have to make modifications if it can show that the modifications: * Would fundamentally change the service, program, or activity; * Would be too expensive; or * Would cause an undue administrative burden.(10) The court does not necessarily have to make every existing facility accessible. It is enough to make sure that you have access to the court's services, programs, and activities. For example, the court does not have to make every courtroom accessible if it will move the proceeding you want to attend to an accessible room.(11) What kinds of accommodations would a court make to make sure that I can communicate? In a court proceeding, communication is very important. You, the court, and other people communicate with each other in writing or by speaking. If you cannot communicate because of your disability, the court must: * Find a way to make sure that you can communicate with the court and with other people in the court proceeding; * Furnish appropriate auxiliary aids and services; and * Consider what kind of aid or service you think you need to accommodate your disability.(12) What kinds of accommodations might be reasonable? That depends on your disability. Reasonable accommodations are " as limitless as a willing imagination can conceive. " (13) The following are examples of some accommodations that might be reasonable for different disabilities. However, you should not feel limited by these examples.(14) If I have a visual impairment? * You might ask the court or the judge to provide forms and instructions in Braille or on audiotape. * In the courtroom, you could ask the judge, or someone else, to read written materials out loud. * If you have some vision, you could ask the judge to let you sit where you could see better. * If it would help, you could ask the court for more light. If I have a hearing impairment? * Ask the judge to let you sit where you can hear better, or where you can see the sign language interpreter. * If you are a party or a witness, you have the right to have the proceeding interpreted in a language you can understand, by a qualified interpreter appointed by the court.(15) * The court must provide you with an assistive listening system or a computer-aided transcription device if you tell the court you need it at least five days before the proceeding.(16) If I have a mental impairment? * You can ask the court to let you have a coach or support person with you at the proceeding. * If you are a witness, you can ask to have your testimony videotaped instead of appearing in person at a formal proceeding. If I have a physical disability? * If you have trouble getting to the courthouse to pick up forms, ask the clerk to mail them to you. * If a room in the courthouse is inaccessible for you, ask the court to change the proceeding to a different room. * If you are a witness, you can ask to have your testimony videotaped instead of appearing in person at a formal proceeding. If I have another disability, or if I have more than one disability? * If medication or fatigue limit your activities, ask the court to schedule the proceeding for a time when you will be able to participate fully. * If you are sensitive to chemicals, you can ask the court to have people who wear fragrances stay away from you. * If you have aphasia or dyslexia and have problems with sequences of letters or numbers spoken out loud, you can ask the court to have people speak very slowly or to write down the words, letters or numbers for you. Do I have to ask for reasonable accommodations? Yes. You do not have the right to reasonable accommodations unless you ask for them. You can do this either in writing or orally. Most courts want you to make the request in writing. In writing: Use the form called " Request for Accommodations by Persons with Disabilities and Order. " The form is also called " Judicial Council Form MC 410. " You will find a copy of the form at the end of this Guide. You can also get the form at the courthouse or in a book store that sells legal materials. Orally: Call the Court Clerk, or go in person to the clerk's office. Tell the clerk what you need, and describe your disability and the accommodations you want. Try to be very specific and concise. Be polite. If the court insists that you fill out the form, you can ask for help. When should I ask for reasonable accommodations? You should make your request as early as possible. Most courts want you to ask at least five days before the day you will need the accommodations.(17) If you cannot make the request five days before, make the request anyway. Be sure to explain why you did not ask for the accommodations sooner. How do I fill out the form? What should I write in the blanks? This section will guide you through the form, " REQUEST FOR ACCOMMODATIONS BY PERSONS WITH DISABILITIES and ORDER " from top to bottom. If you get a notice or summons to appear in court, you should have it with you when you fill in the form. The first part of the form is the " caption. " It has all the information about the case. If you do not know the information it asks for, leave the space blank. [ ] FORM TO BE KEPT CONFIDENTIAL (if box checked) +------------------------------------------+--------------------+ APPLICANT (name): FOR COURT USE ONLY APPLICANT IS: [ ] Witness [ ] Juror [ ] Attorney [ ] Party [ ] Other Person submitting request (name): APPLICANT'S ADDRESS: +------------------------------------------+--------------------+ TELEPHONE NO.: NAME OF COURT: STREET ADDRESS: MAILING ADDRESS: CITY AND ZIP CODE: +------------------------------------------+--------------------+ BRANCH NAME: NAME OF JUDGE: +------------------------------------------+--------------------+ CASE NAME: +------------------------------------------+--------------------+ REQUEST FOR ACCOMMODATIONS BY PERSONS CASE NUMBER WITH DISABILITIES and ORDER +------------------------------------------+--------------------+ [ ] FORM TO BE KEPT CONFIDENTIAL Put an " X " or check mark in the box if you do not want anyone else to know about the information on the form. APPLICANT (name): You are the applicant; write your name in the blank. APPLICANT IS: [ ] Witness [ ] Juror [ ] Attorney [ ] Party [ ] Other Check the box that tells why you need to be in court. Were you called as a witness or for jury duty? A " Party " is a person who is a plaintiff, defendant, cross-complainant, or cross-defendant. If you check " Other " be sure to write in why you will be in court. Person submitting request (name): If someone else fills out the form for you, that person's name goes here. APPLICANT'S ADDRESS: Write your address here. TELEPHONE NO: Write your telephone number here. NAME OF COURT: Write the name of the court where you will need the accommodations. STREET ADDRESS: Write the street address of the court. If you received a notice or summons, it should have the court's name and street address on it. MAILING ADDRESS: If the court has a post office box, or a different address for mailing, write that address here. CITY AND ZIP CODE: This is part of the court's address. BRANCH NAME: If you will not be in the main courthouse, and you know the name of the branch courthouse where you will be, write it here. NAME OF JUDGE: If you know the name of the judge in the case, write it here. CASE NAME: If you are going to court because of a case, and you know the name of the case, write it here. CASE NUMBER: If you know the case number, write it here. ----------------------------------------------------------------- Applicant requests accommodation under California Rules of Court, rule 989.3, as follows: * Type of proceeding: [ ] Criminal [ ] Civil * Proceedings to be covered: (e.g., bail hearing, preliminary hearing, particular witnesses at trial, sentencing hearing): * Dates accommodations needed: * Impairment necessitating accommodations: * Type of accommodations: * Special requests or anticipated problems: * I request that my identity [ ] be kept CONFIDENTIAL [ ] NOT be kept CONFIDENTIAL. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Date: .................................................................. ................... (TYPE OR PRINT NAME) (SIGNATURE OF APPLICANT) ----------------------------------------------------------------- 1. Type of proceeding: [ ] Criminal [ ] Civil If you know, check the box saying whether the case is Criminal or Civil. 2. Proceedings to be covered (e.g., bail hearing, preliminary hearing, particular witnesses at trial, sentencing hearing): If you know, write in what kind of proceeding it is -- a trial, juvenile dependency hearing, preliminary hearing, bail hearing, etc. 3. Dates accommodations needed: If you need accommodations for a specific date, write in that date. If you need accommodations for an entire proceeding, write in the dates for the time you think the proceeding will last. For example, from 10/1/96 to 10/15/96. If you do not know the dates, state that you do not know; the court may not know either. 4. Impairment necessitating accommodations: This is where you tell the court about your disability. Describe your disability so the court can understand why you want accommodations and that the accommodations fit your disability. 5. Type of accommodations: Write in exactly what kind of accommodations you need. Be specific. For example, if you have a hearing impairment, you might want the court to provide a sign language interpreter. Other possible types of accommodations are described below. 6. Special requests or anticipated problems: Describe any circumstances that might require the court to change its usual procedure. For example, you might get a notice to go to court for a short hearing in the afternoon. If your disability makes you very tired in the afternoon, you might ask the court to schedule a morning hearing instead. 7. " I request that my identity . . . " Check the first box if you want to keep your request a secret. If you do not check the box " be kept CONFIDENTIAL " the court will not keep your request confidential. " I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. " This line says that everything you put on this form is the truth and is correct. If the court learns that something you wrote on the form is not true, it can prosecute you for perjury. DATE: Write the date you are signing the form. Type or print your name on the dotted line on the left; sign the form after the arrowhead on the line above (SIGNATURE OF APPLICANT). ----------------------------------------------------------------- ORDEREverything below the word " ORDER " is for the judge to fill in and sign. Do not check any of the boxes at the bottom of the form. When you finish filling out and signing the REQUEST FOR ACCOMMODATIONS BY PERSONS WITH DISABILITIES and ORDER form, send it to the jury commissioner or court department that sent you the notice or summons. How will I know if the court will accommodate my disability? You should get a notice in writing that tells you whether the court granted or denied your request for accommodations. It will also tell you what accommodations the court will provide, if any.(18) What should I do if the court won't give me reasonable accommodations? You have the right to appeal. The steps you take depend on who denied your request for accommodations, or offered accommodations you think are not right. * If a non-judicial court employee (a clerk or jury commissioner) denied your request, you can ask a judicial officer (a judge or court commissioner) to review the decision. You can also ask a judicial officer to review the decision if you do not think the accommodations a non-judicial employee offered are adequate. The judicial officer should be the one who will preside at the hearing or trial. If the hearing or trial does not yet have an assigned judge, you can ask the presiding judge of the court to review the decision. In either case, you must ask for review within 10 days of the date on the notice of denial or accommodations.(19) * If a judicial officer (a judge or court commissioner) denied your request, you would file a petition for extraordinary relief in superior court. You would file the same petition if you thought the judicial officer granted you inadequate accommodations. In either case, you have 10 days from the date on the notice of denial or accommodations to file the petition. You would probably need help from a lawyer to file this petition.(20) * Instead of filing a petition for extraordinary relief in superior court, you may file a complaint with the: Disability Rights Section, Civil Rights Division, United States Department of Justice, P. O. Box 66738, Washington, D.C. 20035-6738 Your complaint must be in writing. Be sure to include your name and address. Describe in detail what the court did (or did not do) that you feel discriminated against you because of your disability. Include the date of each violation. Sign your name. If you cannot sign your name, an authorized person must sign for you. You have 180 days from the date of the alleged discrimination to file this complaint.(21) 4. You could also file an action in federal court against the state court or its representatives. Where should I call if I need help? You can contact Protection & Advocacy, Inc., (PAI) at: 1-800-776-5746, or You can contact Disability Rights Education and Defense Fund (DREDF) at: 1-800-466-4232, or You can contact one of the other organizations listed inside the front cover of this Guide. Endnotes 1. 42 United States Code, Sections 12101, et seq. 2. 2.Evidence Code Section 754; Code of Civil Procedure Section 224©. 3. Civil Code Section 54.8. 4. California Civil Code, Sections 54.1 and 54.2. 5. 28 Code of Federal Regulations, Section 1827. 6. Evidence Code Section 701. 7. 28 Code of Federal Regulations Section 35.104; Department of Justice Technical Assistance Manual, Section II-2.000, et seq. 8. 28 Code of Federal Regulations, Sections 35.130(a) and 35.149. 9. 28 Code of Federal Regulations, Section 35.160. 10. 28 Code of Federal Regulations, Sections 35.130((7), 35.130(a)(3); California Rule of Court 939.3(f). 11. 28 Code of Federal Regulations, Sections 35.150(a)(3), 35.164; Department of Justice Technical Assistance Manual, Section II-5.1000. 12. 28 Code of Federal Regulations, Section 35.160; Department of Justice Technical Assistance Manual, Section II-7.1000. 13. The solutions to reasonable accommodations are " as limitless as a willing imagination can conceive. " Galloway v. Superior Court of the District of Columbia, 816 F.Supp. 12 (D.D.C. 1993). 14. The court may not be required to provide you with personal devices such as wheelchairs; individually prescribed devices such as prescription eyeglasses or hearing aids; readers for personal use or study; or services of a personal nature such as help in eating, toileting, or dressing. 28 Code of Federal Regulations, Section 35.135. 15. Evidence Code Section 754. 16. Civil Code Section 54.8(a). 17. California Rule of Court 989.3©(3). 18. Rule of Court 989.3(e)(2). 19. Rule of Court 989.3(g)(1). 20. Rule of Court 989.3(g)(2). 21. 28 Code of Federal Regulations, Section 35.180; Department of Justice Technical Assistance Manual, Section II-9200. Quote Link to comment Share on other sites More sharing options...
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