Right to an ADA Accommodation
A person with a disability is defined by the Americans with Disabilities Act (ADA), as someone who has a physical or mental impairment that substantially limits a major life activity.
This might be someone who has:
- An orthopedic impairment
- A visual impairment
- A speech impairment, or
- A hearing impairment
or someone who has a disease or condition that is not immediately apparent, such as:
- heart disease
- diabetes
- cancer
- post-traumatic stress disorder (PTSD)
- human immunodeficiency (HIV)
- autism
- cerebral palsy
- epilepsy
- major depressive disorder
- traumatic brain injury
- emotional or mental illness
- or intellectual or learning disability
If you are a person with a disability who needs an accommodation to participate in a court proceeding or other court service, program or activity, you are entitled to get one, at no cost to you.
Anyone who participates in or attends a court proceeding or uses the clerical offices of a court may ask for an ADA accommodation. This includes:
- parties
- attorneys
- witnesses
- jurors
- spectators
Types of Accommodations Available
The court can provide administrative accommodations to a person with a disability, for example by:
- providing auxiliary aids or services, including:
- assistive listening devices (ALDs)
- American Sign Language (ASL) or other types of interpreters
- Communication Access Realtime Translation (CART) transcription, for a person who is deaf or hard of hearing.
- copies of court documents in large print, Braille, screen readable, or audio formats for a person who is blind or has low vision.
- making reasonable modifications in practices or procedures, including:
- relocating a proceeding to a physically accessible courtroom for a person with a mobility impairment.
- filling out a court form for a person with an impaired ability to write by hand.
- permitting the use of a service animal by a person who is blind or otherwise relies on a dog trained to do work or perform a task.
A judge presiding over a matter may also provide judicial accommodations and make a reasonable modification to their own courtroom practices and procedures, for example by:
- extending briefing schedules
- granting adjournments
- permitting remote appearances
- scheduling matters for specific times
Other accommodations may also be provided by the court or by an individual judge depending on the specific needs and circumstances of the person with a disability.
Part 52 Ex Parte Requests for Judicial Accommodations
Part 52 of the Rules of the Chief Judge allows an ADA accommodation request, like the examples above, without providing notice to others in the case. Part 52 addresses:
- what should and should not be included in the written ex parte application.
- what communications can remain confidential between the applicant and the court when a judge receives a request directly from a party or provided by a Chief Clerk or District Executive (or online form).
- when disclosure to the affected party is required and what exactly is to be disclosed in those circumstances.
- what must be included in a court order and what information should not be included or redacted; and
- when the application, supporting materials, and order should be filed under seal.
Read the Part 52 Rule.
Devices, Aids & Services that are not provided as ADA Accommodations
The ADA does not require the court to provide:
- personal devices (wheelchairs or canes)
- personally prescribed items (hearing aids or eyeglasses)
- services of a personal nature (medical or attendant care)
- an attorney or an official transcript as an ADA accommodation.
In some circumstances, these things may be obtained based on financial need, as determined by a judge.
Court personnel are not permitted to provide legal advice as an ADA accommodation.