ADA Accommodation Policies and Procedures

1. Definitions
2. Process
3. Permitted Communication
4. Grant of Accommodation
5. Denial of Accommodation
6. Review Procedure
7. Duration of Accommodations

1. Definitions
2. Process

1. Definitions
2. Process

Policy Statement

Section I - Requests For Accommodation In Court Proceedings

1. "Qualified individuals with disabilities" means persons covered by the Americans with Disabilities Act of 1990 (42 U.S.C. § 12101 et seq.); Civil Code section 51 et seq.; and other related state and federal laws; and includes individuals who have a physical or mental impairment that substantially limits one or more of the major life activities; have a record of such an impairment; or are regarded as having such an impairment.
2. "Applicant" means any lawyer, party, witness, juror, or any other individual with an interest in attending any proceeding before any court of this state.
3. "Accommodation(s)" may include, but are not limited to, making reasonable modifications in policies, practices, and procedures; furnishing, at no charge, to the qualified individuals with disabilities, auxiliary aids and services, which are not limited to 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. While not requiring that each existing facility be accessible, this standard, known as "program accessibility," must be provided by 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.
4. The "section" means this section regarding requests for accommodations in state courts by qualified individuals with disabilities.
5. "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.

1. Applications requesting accommodation(s) pursuant to this rule may be presented ex parte (i.e., done on behalf of one party only and without notice to an opposing party) in writing, on form MC-410, which can be obtained by contacting the courtroom clerk, ADA Facilities Coordinator (Bureau Chief, Administrative Services) or the ADA site coordinator, or orally. Applications should be made at the designated Office of the Clerk, or to the courtroom clerk or judicial assistant where the proceeding will take place, or to the judicial officer who will preside over the proceeding.
2. All applications for accommodations shall include a description of the accommodation sought, along with a statement of the impairment that necessitates such accommodation. The Court, in its discretion, may require the applicant to provide additional information about the qualifying impairment.
3. Applications should be made as far in advance of the requested implementation date as possible, and in any event should be made no less than five court days prior to the requested implementation date. The court may, in its discretion, waive this requirement.
4. Upon request, the Court shall place under seal the identity of the applicant as designated on the application form and all other identifying information provided to the Court pursuant to the application.

1. In determining whether to grant an accommodation and what accommodation to grant, the Court shall consider, but is not limited by, the provisions of the Americans with Disabilities Act of 1990 and related state and federal laws.
2. The applicant will be informed in writing of findings of fact and orders, as may be appropriate, that the request for accommodations is granted or denied, in whole or in part, and the nature of the accommodation(s) to be provided, if any.

1. The applicant has failed to satisfy the requirements of this rule; or
2. The requested accommodation(s) would create an undue financial or administrative burden on the Court; or
3. The requested accommodation(s) would fundamentally alter the nature of the service, program, or activity.

1. An applicant or any participant in the proceeding in which an accommodation has been denied or granted may seek review of a determination made by nonjudicial court personnel within 10 days of the date of the notice of denial or grant by submitting a request for review to the judicial officer who will preside over the proceeding or to the presiding judge if the matter has not been assigned.
2. An applicant or any participant in the proceeding in which an accommodation has been denied or granted may seek review of a determination made by a presiding judge or any other judicial officer of a court within 10 days of the date of the notice of denial or grant by filing a petition with the appropriate court of superior jurisdiction.

Section II - Requests For Accommodation From Court Employees

1. "Qualified individuals with disabilities" means persons covered by the Americans with Disabilities Act of 1990 (42 U.S.C. § 12101 et seq.); Civil Code section 51 et seq.; and other related state and federal laws; and includes individuals who have a physical or mental impairment that substantially limits one or more of the major life activities; have a record of such an impairment; or are regarded as having such an impairment.
2. "Applicant" means any court employee.
3.  "Accommodation(s)" for employees may include, but are not limited to, making existing facilities readily accessible to and usable by individuals with disabilities, job restructuring, modified work schedules, acquisition or modification of equipment or devices, alternate work, adjustment or modification of examinations, training materials or policies, or providing readers or interpreters.