§5.12 Providing Accommodations for Persons With Disabilities

The federal Americans With Disabilities Act (ADA) requires state governmental entities to accommodate the needs of persons with disabilities who participate in court activities, programs, and services. Additionally, it is the policy of the California courts to ensure that persons with disabilities have equal and full access to the judicial system. [CRC 1.100(b).] CRC 1.100 provides the state courts with a framework for compliance with the ADA and state laws.

When presented with a requests for accommodation (form MC-410) by persons with disabilities, you must either grant it, provide the applicant with a statement of the reason for your denial of his or her request, or grant an alternative accommodation. If appropriate, your statement should be written. [CRC 1.100(e).]

Persons with disabilities include individuals who have a physical or mental impairment that limits one or more major life activity, have a record of such an impairment, or are regarded as having such an impairment. [CRC 1.100(a).]

The application must describe the accommodation sought as well as the impairment that makes it necessary. Requests should be made as far in advance of the requested implementation date as possible, but no later than five court days prior. You may, however, waive this requirement. [CRC 1.100(c).]

The type of accommodation appropriate in a particular situation will vary in nature and degree from person to person. Examples of accommodations include, but are not limited to, the following:

• Changes in schedules to accommodate accessible public transportation, medication schedules, or other time-sensitive needs;
• Someone to read documents or to write on court forms the information dictated by persons with visual, hearing, manual dexterity, cognitive, or other disabling conditions;
• Hearings by telephone for people who have environmental sensitivities or mobility or other limitations; and
• Assisted listening systems, sign language interpreters, real-time captioning, written material on computer-readable discs, telecommunication devices for the deaf (TTY), reader services, and the like.