Policy on Access for People with Disabilities
The Judicial Branch of the State of Maine does not condone discrimination
in any form against persons with disabilities. Discrimination against
persons with disabilities violates the individuals' civil rights, undermines
the integrity of the court system and the workplace, and adversely affects
the equal administration of justice. In addition jury service is a right
and responsibility of all qualified citizens.
IT IS THE POLICY of the Judicial Branch of the State of Maine that:
- Programs, activities, services and facilities of the court system
will be fully accessible to individuals with disabilities, as required
by fairness and justice as well as the Americans with Disabilities Act,
the Rehabilitation Act of 1973 and the Maine Human Rights Act;
- All employees of the court system will provide prompt, courteous and
equal service to all persons including those with disabilities and report
any incident of discrimination against persons on the basis of disability;
- Opportunity for jury service will not be denied or limited on the
basis of disability;
- Complaints of discrimination on the basis of disability will be promptly
responded to and every effort will be made to resolve all complaints
as quickly as possible;
- Qualified individuals with disabilities will not be subjected to disability-
based discrimination in regard to job application procedures; the hiring,
advancement or discharge of employees; job training; employee compensation;
or any other term, condition, and privilege of employment; and
- All Judicial Branch employees will receive training to enable them
to meet the responsibilities established by this policy and to help
assure their sensitivity to the needs of individuals with disabilities.
In order to advance these policies the Judicial Branch shall implement
the following provisions:
- PHYSICAL ACCESS TO COURT FACILITIES
The Judicial Branch of the State of Maine recognizes its obligation
to provide full physical access at court facilities and identifies the
following areas of priority in providing that access during the interim
period before full access is available:
- Routes of entry, entrances, and parking spaces.
- Clerks' offices, including public service counters.
- Courtrooms.
- Jury deliberation space.
- Restrooms.
- ACCOMMODATIONS AND AUXILIARY AIDS AND SERVICES
The Judicial Branch recognizes its obligation to make appropriate accommodations
and provide auxiliary aids and services to ensure effective communication
and participation of individuals with disabilities who have contact with
the court system. It is a high priority of the Judicial Branch to develop
and promptly obtain the necessary auxiliary aids and services until appropriate
auxiliary aids and services are available to every courthouse. In the
meantime every reasonable effort will be made to provide accommodations
and auxiliary aids and services to ensure effective communication and
participation of individuals with disabilities in the court system.
Accommodations are to be furnished at no charge to individuals with
disabilities. In most cases, presentation of proof of disability is not
required. Examples of accommodations that may be provided include the
following:
- Qualified sign language, oral, and cued speech interpreters;
- Real-time transcription services (CART);
- Assistive-listening devices;
- Provision of court documents in large-print and Braille;
- Audiotapes, recording equipment and computer disks;
- TTY and amplified telephones;
- Arrangement made to ensure that service dogs are allowed to remain
with their owner with a disability at all tim
The Judicial Branch may also provide any other reasonable accommodation
necessary to permit a person with a disability to participate fully in
or to observe court activities.
- FINANCIAL RESOURCES
The Judicial Branch will actively pursue the financial resources necessary
and will work diligently to eliminate any and all existing barriers to
persons with disabilities.
- GENERAL ACCOMMODATION REQUEST PROCEDURE
- Accommodations will be available and not have to be requested whenever
possible. Where it is necessary to make a request, the following procedure
will be followed:
- Requests for accommodations may be made to the Clerk of Court where
the proceeding will take place.
- All requests for accommodations shall describe the accommodation sought,
and if not apparent the reason for which the request is being made.
- Any denial of a requested accommodation by a judge or duly authorized
court official will be accompanied by a written statement of the reason
for denial.
- JURY SERVICE BY PERSONS WITH DISABILITIES
- The judge or other Court personnel shall make whatever arrangements
are necessary to reasonably accommodate jurors with disabilities, in
order to ensure effective communication and participation at all stages
of the jury summoning, orientation, instruction and deliberation process.
- Eligible persons who are summoned to serve as jurors may be excused
on the basis of disability from jury service only if they are incapable
with the help of a reasonable accommodation, of performing their duties
as a juror.
- ATTORNEY REQUIREMENTS
Attorneys in a proceeding should notify the Court as soon as they
become aware that a person with a disability is involved in a proceeding
and will require an accommodation from the Court.
- GRIEVANCE PROCEDURES
The Judicial Branch shall develop written procedures including a
grievance procedure to implement the policy stated herein.
- A copy of the court's notice of compliance and grievance procedure
shall be available in each clerks office and provided to any individual.
- The court shall make every reasonable effort to resolve any complaints
to the satisfaction of the person with a disability.
Nothing in this policy shall be construed to impose limitations or to
invalidate the remedies, rights, and procedures accorded to any individuals
with disabilities under local, state or federal law.
Effective 5/5/00
