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Persons With Disabilities: Q& A on Rule of Court 989.3
Do you have to go to court? Have you been called to be a wit-ness at a trial? Have you received a jury summons? Do you want to watch court proceedings? If you answer "yes" to any of these questions, then you should know about a rule of court that can assist you.
Rule 989.3 of the California Rules of Court requires that all state courts must "assure that qualified individuals with disabilities have equal and full access to the judicial system." The word qualified is defined as a person who has a disability, has a record of a disability, or is regarded as having a disability. According to the rule, access can mean physical accommodation to go into and move about buildings and use restrooms. Access can also mean full participation in, and under-standing of, the proceedings with the help of technology and services to aid communication with the courts. To provide both kinds of access, the court is responsible for making accommodations available. Accommodations in a court can be many things. Possibilities include providing forms in Braille or real-time transcription. Because people and disabilities are unique, many more accommodations are possible than are included in the rule's list.
Footnote: This newsletter is the creation and responsibility of the Access and Fairness Advisory Committee and not the Judicial Council.
It may also be available in alternative formats.
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Americans with Disabilities Act
The Americans with Disabilities Act (ADA), a federal civil rights statute, requires all state and local governmental entities, including the courts, to accommodate the needs of all persons with disabilities. The ADA benefits people who have an interest in court activities, programs, and services.
The Judicial Council of California, the policy-making body for the courts, adopted rule 989.3 to implement the ADA in the state court system. Following are some questions commonly asked about rule 989.3:
What is rule 989.3?
Rule 989.3 is a state court rule that allows lawyers, parties, witnesses, jurors, or other people with a disability to request confidentially accommodations from a court. Rule 989.3 became effective on January 1, 1996.
Who can get an accommodation?
Individuals can receive accommodations if they have a disability, have a record of a disabling condition, or are regarded as having a disability that limits one or more major life activities.
Major life activities include caring for one's self, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning, or working.
Examples of disabilities include mobility or other motor impairments, psychological and mental illness, vision impairments, hearing impairments, and environmental sensitivities. Some temporary disabilities may also qualify.
List of Accommodations*
Accommodation( s) may include:
*From Cal. Rules of Court, rule 989.3( b)( 3).
How do I get an accommodation?
What is Form MC-410?
Can I get help filling out Form MC-410?
What if I can't read the form?
You can request an accommodation by filling out Form MC-410, available from the clerk's office or from the courtrooms. The form and instructions should be available in alternative formats, like Braille and large print, upon request. If the form is unavailable, you can make a request for an accommodation in writing or orally to the court or other designated personnel.
You can make a request at any time, although you should give the court at least 5 court days' notice whenever possible. If you are unable to fill out the form and you need assistance, you may request a clerk or other court personnel to assist you in writing down the information. All the information you supply is confidential. You may wish to attach documents such as a doctor's letter to the form.
After the form is completed, you will sign it under penalty of perjury, which means that everything you state in the form is true under oath, to the best of your knowledge.
What can court personnel ask about my disability?
Do I have to let everyone know about my medical problems?
Under most circumstances, the court or its employees will not need additional medical or other personal information.
Rule 989.3 allows the court to request further information. This means that only those persons in the court who need to know about your disability in order to make a decision or provide you with an accommodation will learn the details of your request and the personal information that you give.
Do I have a responsibility to inform the court that I need an accommodation?
Yes. It is your responsibility to contact the courts to request accommodations that would best suit your situation. The courts have an obligation to inform the public of the avail-ability of accommodations. However, if no accommodation is requested, the courts are not required to provide one.
What if the court suggests a different accommodation?
Do I have to accept alternative accommodations?
The court can offer a different or alternative accommodation. For example, if a juror is blind and requests written material introduced at trial to be transcribed in Braille, the court may consider alternatives, such as providing a reader or tape-recorded transcripts of the written material. The court itself can offer an accommodation. The court is not required to provide the best accommodation but must provide an effective one.
You don't have to accept the alternative accommodation. The courts are required to find an accommodation that will effectively allow you full participation in the court proceedings. The accommodation may not be your first or preferred choice. However, if you make a request for another type of accommodation, the court will consider your request.
Can the court deny my request?
Yes, the court can deny your request. If the court denies your request and you disagree with the decision for a preferred accommodation or the court provides an accommodation that you believe to be inadequate, you may file an appeal. The appeal process is explained in rule 989.3. To be effective, the denial must be in writing and state specific grounds within rule 989.3 for the denial.
Please Note The Judicial Council of California adopts rules of court, provides policy direction to the courts, and presents recommendations to the Governor and the Legislature concerning court practice, procedure, and administration. As its staff agency, the Administrative Office of the Courts provides support to the council. This document is not intended to be a full statement of the law governing persons with disabilities and is not intended to be (or to substitute for) legal advice.
Resources Available U. S. Department of Justice/ADA Homepage
Full text of the Americans With Disabilities Act (ADA) (42 U. S. C. § 12101 et seq.) is located at: http://www.usdojgov/crt/ada/statute.html.
The ADA homepage (a part of the U. S. Department of Justice site) is located at: http://www.usdoj.gov/crt/ada/adahom1.htm
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Access and Fairness Advisory
Committee Members
HON. FREDERICK P. HORN, Chair Santa Ana
HON. S. WILLIAM ABEL, Colusa
HON. CARLOS BEA, San Francisco
HON. GAIL BREWSTER BEREOLA, Oakland
MS. CHRISTINE BURDICK, San Jose
HON. PATRICIA COWETT, San Diego
MS. PHYLLIS J. CULP, Chair Education and Implementation Subcommittee San Francisco
HON. RUDOLPH DIAZ, Chair Racial and Ethnic Fairness Subcommittee El Monte
HON. NAZARIO A. "TITO" GONZALES, San Jose
HON. DONNA HITCHENS, Chair Sexual Orientation Fairness Subcommittee San Francisco
PROFESSOR MARYANN JONES, Fullerton
HON. JOAN DEMPSEY KLEIN, Los Angeles
HON. JEROLD A. KRIEGER, San Fernando
HON. LILLIAN Y. LIM, San Diego
HON. SOCRATES PETER MANOUKIAN, San Jose
MR. TERRY McNALLY, Bakersfield
MS. SHEILA CONLON MENTKOWSKI, Sacramento
HON. CARY NISHIMOTO, Torrance
MR. GORDON R. "SAM" OVERTON, Chair Access for Persons with Disabilities Subcommittee Los Angeles
MS. DRUCILLA STENDER RAMEY, San Francisco
MS. MICHELLE REINGLASS, Laguna Hills
PROFESSOR ALISON DUNDES RENTELN, Los Angeles
DR. DOROTHY M. TUCKER, Ph. D., Los Angeles
HON. BARBARA ZUNIGA, Chair Gender Fairness Subcommittee, Martinez
PRU LIAISON
MS. JANIS HIROHAMA,
Planning and Research Unit, Los Angeles
AOC STAFF
MS. ARLINE S. TYLER,
Staff Counsel
MS. WENDI BERKOWITZ, Staff Attorney, Gender Fairness Subcommittee
MS. MARLENE SMITH, Court Management Analyst
MR. CLIFFORD ALUMNO, Administrative Coordinator
Administrative Office of the Courts
303 Second Street, South Tower
San Francisco, California 94107
Fax: 415-396-9358