GR-33 - ADA ACCOMMODATION A POLICY AND PROCESS EXAMPLE FROM PIERCE COUNTY SUPERIOR COURT SUBMITTED FOR CONSIDERATION AT

1. GR-33 - ADA ACCOMMODATION A POLICY AND PROCESS EXAMPLE FROM PIERCE COUNTY SUPERIOR COURT SUBMITTED FOR CONSIDERATION AT THE WASHINGTON STATE ACCESS TO JUSTICE CONFERENCE JUNE, 2011 Bruce S. Moran, Deputy Court Administrator

2. WHAT THIS TRAINING IS INTENDED TO COVER • How Pierce County Superior Court is addressing Supreme Court General Rule 33 (GR-33) and ideas for you to consider in your jurisdiction. • A cursory review of the ADA Accommodation process in general. • Particular emphasis on addressing accommodation requests for attorneys at court expense.

3. WHAT THIS TRAINING IS NOT INTENDED TO COVER • An analysis of federal and state ADA Laws. • Legal advice on how you should proceed in your jurisdiction.

4. SIZE AND QUALIFICATIONS DON’T MATTER • GR-33 is an issue that needs to be addressed in ALL court jurisdictions regardless of size or level. • No special qualifications are needed to process and handle requests for accommodation under GR-33 (including requests for attorney appointment at public expense).

5. GR-33 DEFINITIONS FOR ADA ACCOMMODATION COVER 3 AREAS • Two are very straightforward and involve what we have been doing for years. One was written into GR-33 and took effect on September 1, 2007 and opens the door for persons with disabilities to request the appointment of counsel at court expense. • (1) “Accommodation” means measures to make each court service, program or activity, when viewed in its entirety, readily accessible to and usable by an applicant who is a qualified person with a disability, and may include but is not limited to:

6. GR-33 DEFINITIONS FOR ADA ACCOMMODATION COVER 3 AREAS (Continued) • (A) Making reasonable modifications in policies, practices and procedures. • (B) Furnishing, at no charge, auxiliary aids and services, including but not limited to equipment, devices, materials in alternative formats, qualified interpreters or readers. • (C) As to otherwise unrepresented parties to the proceedings, representation by counsel, as appropriate or necessary to making each service, program or activity, when viewed in its entirety, readily accessible to or usable by a qualified person with a disability.

7. CONSIDERATIONS WHEN DEVELOPING A POLICY • Use GR-33 as an outline for your policy and address all parts of that rule in your policy. • Consult with your county legal staff for advice on how to address requests for attorneys at court expense. FOLLOW THE ADVICE!!!

8. CONSIDERATIONS WHEN DEVELOPING A POLICY(Continued) • Use the AOC approved pattern forms and adapt to your jurisdiction. • There is no objective criteria provided in GR-33 to assist the court in determining when it is appropriate to provide an attorney at public expense as an accommodation for a disability. (It is left then for the court’s own subjective evaluation of what does and does not require such an accommodation) 

9. PIERCE COUNTY’S POLICY • An example of one county’s approach to addressing GR-33 POL- SC ADA ACCOMMODATION POLICY Effective Date: 12/17/07 Approved by: PCSC Executive Committee 01/10/11 Review Date: N/A Page 1 of 5

10. POL- SC ADA ACCOMMODATION POLICY(Continued) TITLE:ADA ACCOMMODATION POLICY (GR-33) EFFECTIVE DATE OF GR 33: September 1, 2007 PREAMBLE Access to justice for all persons is a fundamental right. It is the policy of Pierce County Superior. Court to assure that persons with disabilities have equal and meaningful access to our judicial system. AUTHORITY General Rule (GR) 33, adopted by the Washington State Supreme Court effective September 1, 2007 and Amended on 12-02-10.

11. POL- SC ADA ACCOMMODATION POLICY(Continued) APPLICATION: This policy shall apply to all employees of Pierce County Superior Court. In addition, any court or other agency or body subject to the rulemaking authority of the Superior Court will be required to follow the procedural requirements set forth in this policy, when making requests of Pierce County Superior Court for accommodation of persons with a disability. PURPOSE To create a uniform process by which persons with disabilities can obtain reasonable accommodations and access to the justice system at all court levels. Specifically to outline how Pierce County Superior court will implement GR-33 and to set forth a process by which requests for accommodation from individuals and agencies will be handled.

12. POL- SC ADA ACCOMMODATION POLICY(Continued) RESPONSIBILITIES The three responsibilities under GR-33 include notification, assessment and accommodation First, this policy will define who is eligible to apply for an accommodation and will set forth a process for applicants to present accommodation requests. Second, Pierce County Superior Court must assess whether or not to grant the requested accommodation under the definitions and rules contained in GR-33, the Americans with Disabilities Act (§ 42 U.S.C. 12101 et seq) and the Washington State Law Against Discrimination (RCW 49.60 et seq). Third, Pierce County Superior Court will grant an accommodation unless the applicant has failed to meet the substantive requirements of GR-33, or the requested accommodation would create an undue financial or administrative burden or fundamentally alter the nature of the court service, program or activity or the accommodation would create a direct threat to the health or safety of the applicant or others.

13. POL- SC ADA ACCOMMODATION POLICY(Continued) DESIGNATED ADA CONTACT PERSON The designated ADA contact person for Pierce County Superior Court is the Deputy Court Administrator.(One or more court administration management staff shall be trained to act as substitutes in the absence of the Deputy Court Administrator).

14. POL- SC ADA ACCOMMODATION POLICY(Continued) DEFINITIONS Accommodation – means measures to make each court service, program or activity, when viewed in it’s entirety, readily accessible to and usable by an applicant who is a qualified person with a disability, and may include, but is not limited to: A. Making reasonable modifications in policies, practices and procedures. B. Furnishing, at no charge, auxiliary aids and services, including but not limited to equipment, devices, material in alternative formats, certified or qualified interpreters or readers. C. As to otherwise unrepresented parties to the proceedings, representation by counsel, as appropriate or necessary to making each service, program or activity, when viewed in it’s entirety, readily accessible to and usable by a qualified person with a disability.

15. POL- SC ADA ACCOMMODATION POLICY(Continued) • Person with a disablity – means a person covered with a sensory, mental or physical disability as defined by the Americans with Disabilities Act of 1990 (§ 42 U.S.C. 12010 et seq.), the Washington State Law Against Discrimination (RCW 49.60 et seq.), or other similar local, state or federal laws. • Proceedings Applicant – means any lawyer, party, or witness, juror or any other individual who is participating in any proceeding before any court. • Public Applicant – means any other person seeking accommodation.

16. POL- SC ADA ACCOMMODATION POLICY(Continued) PROCEDURAL REQUIREMENTS I. Notification a) All applicants shall be made using the GR-33 approved “Request for Reasonable Accommodation” form distributed by the Administrative Office of the Courts (AOC). The form may be presented ex parte in writing or presented orally and reduced to writing. b) If a request for reasonable accommodation is made, directly by an applicant, to an employee of the Pierce County Superior Court, the employee shall be responsible for ensuring that the Request for Reasonable Accommodation form is completed, either by having the applicant, or a person on their behalf, complete the form or by taking the information orally, completing the form themselves and forwarding the request to the designated ADA contact person for the court. c) If a request for reasonable accommodation from the court, is made to an employee of another agency or body subject to the rulemaking authority of the Washington State Supreme Court, that agency employee shall be responsible for ensuring that the Request for Reasonable Accommodation form is completed, either by having the requesting party or a person on their behalf complete the form or by taking the information orally, completing the form themselves and forwarding the request to the designated ADA contact person for the court.

17. POL- SC ADA ACCOMMODATION POLICY(Continued) d) If an outside agency or body (e.g. prosecuting attorney, attorney general, private or assigned counsel, county clerk, other courts, court facilitators, probation officers, etc) makes a request for reasonable accommodation to Pierce County Superior Court, then that agency or body is responsible for completing and forwarding the Request for Reasonable Accommodation form to Pierce County Superior Court. e) The Request for Reasonable Accommodation form shall include a description of the accommodation sought, along with a statement of the disability necessitating the accommodation.

18. POL- SC ADA ACCOMMODATION POLICY(Continued) f) Pierce County Superior Court may require the applicant to provide additional information about the qualifying disability to help assess the appropriate accommodation. Medical and other health information shall be submitted under a cover sheet designated “Sealed Medical and Health Information”, and such information shall be sealed automatically. Such information is confidential and shall only be used by the person(s) responsible for evaluating and arranging for the accommodation. g) An application for accommodation should be made as far in advance as practical for the proceeding for which the accommodation is sought, but not less than 5 days prior to the proceeding, except for emergency set proceedings.

19. POL- SC ADA ACCOMMODATION POLICY(Continued) h) All requests made to the Pierce County Superior Court’s Interpreter Services Office, for ADA Interpreter Accommodations (sign language interpreters, deaf captioners, etc), may be requested on a “Notice of Need for Interpreter Form” in lieu of, or in addition to a “Request for Reasonable Accommodation Form”. For the sake of timely scheduling of the interpreter the request must be received by Pierce County Superior Court at least 5 days prior to the date of the requested accommodation, except in cases of emergency set court hearings (e.g. In-Custody Arraignments, Shelter Care Hearings, etc).

20. POL- SC ADA ACCOMMODATION POLICY(Continued) II. Assessment a) In determining whether to grant an accommodation, Pierce County Superior Court will consider the following things: i) The provisions of the Americans with Disabilities Act of 1990 (§42 U.S.C. 12101 et seq.) and RCW 49.60, and other similar local, state and federal laws. ii) Give primary consideration to the accommodation requested by the applicant. iii) Make the decision on an individual and case specific basis with due regard to the nature of the applicants disability and feasibility of the requested accommodation.

21. POL- SC ADA ACCOMMODATION POLICY(Continued) b) If an application for accommodation, by a proceedings applicant, is presented to Pierce County Superior Court five (5) or more days prior to the scheduled date of the proceedings for which the accommodation is sought, and if the applicant otherwise is entitled under GR-33 to the accommodation requested, an accommodation shall be provided unless: i) It is impossible for the court to provide the requested accommodation on the date of the proceeding AND the proceeding cannot be continued without prejudice to a party to the proceeding.

22. POL- SC ADA ACCOMMODATION POLICY(Continued) c) If an application for accommodation is presented to Pierce County Superior Court fewer than five (5) court days prior to the scheduled date of the proceeding for which the accommodation is requested, and if the applicant is otherwise entitled under GR-33 to the accommodation requested, an accommodation shall be provided unless: i) It is impractical for the court to provide the requested accommodation on the date of the proceeding AND the proceeding cannot be continued without prejudice to a party to the proceeding

23. POL- SC ADA ACCOMMODATION POLICY(Continued) d) Except as otherwise set forth above, an application for accommodation, by a proceedings applicant, may be denied only if Pierce County Superior Court finds one or more of the following: i) The applicant has failed to satisfy the substantive requirements of GR-33. ii) The requested accommodation would create an undue financial or administrative burden. iii) The requested accommodation would fundamentally alter the nature of the court service, program or activity iv) Permitting the applicant to participate in the proceeding with the requested accommodation would create a direct threat to the safety or well-being of the applicant or others.

24. POL- SC ADA ACCOMMODATION POLICY(Continued) III. Accommodation or Denial a) Pierce County Superior Court will render a decision in writing on the GR-33 approved form, distributed by the Administrative Office of the Courts, entitled: “Review and Action by the Court”. This form shall be completed by the ADA Designated Contact Person upon receipt of the “Request for Reasonable Accommodation Form”. b) If Pierce County Superior Court denies an accommodation pursuant to GR-33, the Review and Action by the Court Form shall specify the reasons for denial and a description of the facts or circumstances that make an accommodation impossible (5 days notice) or impractical (less than 5 days notice) under GR-33 and the reasons why the proceeding cannot be continued without prejudicing a party to the proceeding.

25. POL- SC ADA ACCOMMODATION POLICY(Continued) c) If the request is granted by the ADA designated contact person or his/her designee, must inform the applicant and any other court employees responsible for implementing accommodations as to the nature of the accommodation to be provided. d) A granted accommodation shall commence on the date set forth in the Review and Action by the Court Form and shall remain in effect for the period specified in that form, which may be extended as deemed appropriate. An accommodation for an indefinite period or for a particular proceeding or appearance may be granted.

26. POL- SC ADA ACCOMMODATION POLICY(Continued) IV. Record Keeping a) The ADA Designated Contact Person shall be responsible for collecting and and maintaining copies of all Requests for Reasonable Accommodations made to Pierce County Superior Court and copies of all Reviews and Actions Taken by the Court. All employees of Pierce County Superior Court are responsible for forwarding copies of the Request for Reasonable Accommodation Forms to the ADA Designated Person within one (1) business day of receipt. b) For accommodation requests attached to specific court cases, the original of the following forms shall be filed with the Pierce County Superior Court Clerk’s Office under the court case number: --- Request for Reasonable Accommodation --- Review and Action by the Court --- Sealed Medical and Health Information (Cover Sheet) only if applicable --- Appointment of Attorney Letter – Only if applicable.

27. The ADA designated contact person, or his/her designee, shall insure that AOC approved forms and instructions for requesting accommodations are readily available at all public service counters in Pierce County Superior Court Adopted by the Pierce County Superior Court Executive Committee on January 10, 2011 Bryan Chushcoff, Presiding Judge

28. Request for Reasonable Accommodation

29. Request for Reasonable Accommodation (Clerk’s Code: RRAC) • 1. Case No: Date: • Case Name: • 2. Name of Person Requesting: • Address: Phone No.: • (Mailing Address) (Area Code, Phone Number) • E-mail: • (City, State, Zip Code) • 3. I am participating in a court proceeding/activity as a (check all that apply): • Petitioner/Plaintiff Defendant/Respondent Attorney • Witness Juror Judicial Officer • Other (specify interest in or connection to proceeding, if any) . • 4. List all known dates/times the accommodation(s) are needed (specify): • 5. Why is an accommodation needed? • . • 6. What accommodation would you like? And why? • . • 7. Please provide any information that would help the court respond to your request. • . • 8. How do you want to be informed of the status of your request for accommodation? • Phone Writing E-mail In person Other (specify): • Date:  • (Signature of Person Requesting) • (Print Name of Person Requesting)

30. Review and Action by the Court

31. Review and Action by the Court (Clerks Code: DRAC) (For Court Use Only-Copy of completed form should be maintained for future reference.) Request No.: (Court, Sequential Number) Reasonable Accommodation Request Form received: (Date) Additional information requested: (Date) Additional information received: (Date) Type of proceeding: Criminal Civil Family Probate Juvenile Proceedings include but are not limited to: bail hearing, preliminary hearing, trial, sentencing hearing.Requested Accommodation Denied: (Date) Fails to satisfy the requirements of GR 33 (specify) Creates an undue burden on the court Fundamentally alters the nature of the service, program or activity Permitting the applicant to participate in the proceeding with the requested accommodation creates a direct threat to the safety or well-being of the person requesting or others. Basis for Finding: . Requested Accommodation Granted: (Date) In whole In part (specify) Alternative (specify) . Dates accommodation will be provided: Person requesting notified on: (Date) Notification achieved via: Phone Writing E-mail In person Other (specify):  (Type or Print Name of Court Official)(Signature of Court Official) Date:

32. Sealed Medical and Health Information (Cover Sheet)

33. ________________Court of Washington • County of ________________ Sealed Medical and Health Information (Write "Sealed" at least one inch from the top of the first page of each document.) Attached are records or correspondences that contain health information that relates to the past, present, or future physical or mental health condition of an individual and/or past, present, or future payments for health care. Submitted by: Signature

34. GR-33 INFORMATIONAL FLYERS

35. Pierce County Superior Court How to Request for Reasonable Accommodation for Persons with Disabilities If you have a disability and you believe you may need an accommodation to fully and equally participate in a particular court proceeding or activity, you may request a reasonable accommodation. To request a reasonable accommodation, complete the Request for Reasonable Accommodation Form (This form is available in the administrative offices of thecourt – Rooms 247 or 334)and return to any employee of the Court. If you need assistance completing this form, contact any employee of the Court.

36. How to Request for Reasonable Accommodation for Persons with Disabilities(Continued) Accommodation requests are granted to any qualified person with a disability for whom such accommodation is reasonable and necessary under the Americans with Disabilities Act of 1990 (ADA), other similar local, state, and federal laws and Washington State General Rule (GR) 33. A request will be granted unless: • It is impossible for the court to provide the requested accommodation on the date of the proceeding; and the proceeding cannot be continued without prejudice to a party to the proceeding or………………..

37. How to Request for Reasonable Accommodation for Persons with Disabilities(Continued) • It is impractical for the court to provide the requested accommodation on the date of the proceeding; and the proceeding cannot be continued without prejudice to a party to the proceeding

38. How to Request for Reasonable Accommodation for Persons with Disabilities(Continued) You may be required to provide additional information for the court to properly evaluate your reasonable accommodation request. Medical and other health information submitted under form WPF All Cases 01.0300, Sealed Medical and Health Information (Cover Sheet) shall be sealed automatically. If medical and other health information is not submitted under form WPF All Cases 01.0300, Sealed Medical and Health Information (Cover Sheet), the submitter may ask the court to seal the documents later. Generally, five day advance notice is required to review reasonable accommodation requests. However, a response to an immediate need for accommodation will be considered to the fullest extent possible.

39. PIERCE COUNTY SUPERIOR COURTINSTRUCTIONS FOR COMPLETINGREQUEST FOR REASONABLE ACCOMMODATION FORM To request a reasonable accommodation, you may complete the Request for Reasonable Accommodation Form and return it to any employee of the Court. These instructions provide help on how to complete the form. If you need help completing the form, contact any employee of the court.

40. PIERCE COUNTY SUPERIOR COURTINSTRUCTIONS FOR COMPLETINGREQUEST FOR REASONABLE ACCOMMODATION FORM(Continued) Steps for Completing the Form: Line No. 1: Fill in the Case Number and Name if known. Line No. 2: Fill in your name, address (street, city, state, and zip code), phone number and email, if you have one.

41. PIERCE COUNTY SUPERIOR COURTINSTRUCTIONS FOR COMPLETINGREQUEST FOR REASONABLE ACCOMMODATION FORM(Continued) Line No. 3: Identify your specific interest or participation in the proceeding, court service, program or activity for which you need an accommodation. a)If you are the person initiating or starting a case, then you are a “petitioner/plaintiff” and should check the “Petitioner/Plaintiff” box. b)If you are the person against which the case or action is brought or the accused you are a “defendant/respondent” and should check the “Defendant/Respondent” box. c)If you are not a participant in a case, check the “Other “box and state your specific interest or connection to the proceeding. (“Other” includes but is not limited to court observer, interested persons such as guardian ad litem, guardian, and interpreter).

42. PIERCE COUNTY SUPERIOR COURTINSTRUCTIONS FOR COMPLETINGREQUEST FOR REASONABLE ACCOMMODATION FORM(Continued) Line No. 4: If you know the date(s) of the proceeding(s), list them. If not known, once a hearing is scheduled, you should complete a new form or otherwise advise the court. Line No. 5: You must explain why the accommodation is needed. You should state the nature of your disability and how it prevents you from participating in the court proceeding(s) unless you are provided with an accommodation. If you are unsure, state the disability as best you can and describe how it affects you. For example, if you have a problem remembering information, or understanding the proceedings due to a learning disability, you need to explain this on the Line No. 5.

43. PIERCE COUNTY SUPERIOR COURTINSTRUCTIONS FOR COMPLETINGREQUEST FOR REASONABLE ACCOMMODATION FORM(Continued) As this information may become part of a public court record, you may disclose confidential information under form WPF All Cases 01.0300, Sealed Medical and Health Information (Cover Sheet) and refer the court to that information rather than stating it here.

44. PIERCE COUNTY SUPERIOR COURTINSTRUCTIONS FOR COMPLETINGREQUEST FOR REASONABLE ACCOMMODATION FORM(Continued) Line No. 6: What is it that you think you need to help you participate in the court proceedings? Examples of accommodations the court may be asked to provide include: Sign Language Interpreters, Assistive Listening Devices, Note takers, readers for persons with impaired eyesight, removal of barriers for persons with mobility impairments, guardians ad litem, or appointed counsel for persons with mental impairments or cognitive disabilities. As this information may become part of a public court record, you may disclose confidential information under form WPF All Cases 01.0300, Sealed Medical and Health Information (Cover Sheet) and refer the court to that information rather than stating it here.

45. PIERCE COUNTY SUPERIOR COURTINSTRUCTIONS FOR COMPLETINGREQUEST FOR REASONABLE ACCOMMODATION FORM(Continued) Line No.7: If there is other information that will help the court evaluate your request, include it on Line 7. If you have medical information that describes your disability and how it affects your ability to participate in the court process, you should provide it. Medical information that is filed under form WPF All Cases 01.0300, Sealed Medical and Health Information (Cover Sheet) or otherwise sealed by the court will not be included in the public court record and will be kept under confidential court seal unless there is a motion (written request to the court) for access that is granted after a hearing at which you will have the opportunity to appear.

46. PIERCE COUNTY SUPERIOR COURTINSTRUCTIONS FOR COMPLETINGREQUEST FOR REASONABLE ACCOMMODATION FORM(Continued) Line No. 8: Please check the box which indicates the best way to contact you. Line No. 9: Sign and print your name and fill in the date you signed the request.Give the form to any employee of the court.

47. 3 SCHOOLS OF THOUGHT ON ATTORNEY ACCOMMODATION REQUESTS

48. Everyone with a disability qualifies for an attorney at court expense. (Not the intent of GR-33, even though some disabled persons are getting told this from certain sources). No one with a disability qualifies for an attorney at court expense. (Also contrary to the intent of CR-33, blanket denials are going to be subject to challenge and could involve you in litigation).

49. A balanced approach recognizing that GR-33 requests for appointment of an attorney at court expense, while limited, require an analysis that is thoughtful, thorough and objective to determine if the party to the proceeding has a qualifying disability for which appointment of counsel is the only way to provide them with equal access.

50. TO APPOINT AN ATTORNEY OR NOT TO APPOINT AN ATTORNEY, THAT IS THE QUESTION