ADA Accommodations

The Hawai`i State Judiciary is committed to providing equal access consistent with the Americans with Disabilities Act (ADA), the Americans with Disabilities Amendments Act of 2008 (ADAAA) and other state and federal laws. If you have a disability that may restrict your ability to meaningfully participate in court proceedings, we will provide you with reasonable and appropriate accommodations.

What are the state and federal laws regarding individuals with disabilities?

Hawai`i Revised Statutes §368-1.5 requires that no otherwise qualified individual be excluded from participation in, be denied the benefits of, or be subjected to discrimination by state agencies, including the court system, solely on the basis of a disability.

The ADA and the ADAAA are federal civil rights statutes that require state and local governments, including the court system, to accommodate the needs of qualified individuals with disabilities.

Who qualifies for accommodations?

A person with a disability may receive an accommodation (such as: sign language interpreters, ALDs) if the individual has a physical or mental impairment that substantially limits one or more major life activity, has a record of such impairment, or is regarded as having such an impairment.

Major life activities include and are not limited to caring for one's self, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning and working.

How do I get an accommodation?

You may request an accommodation by contacting the Disability Accommodations Coordinator assigned to the building where your court proceeding is scheduled. Requests for accommodations may be oral or in writing. The Disability Accommodations Coordinator will complete a Request for Accommodation Form and act as the facilitator for your request.

After you complete the form, you will be asked to sign the form attesting that everything stated in the form is true to the best of your knowledge.

Should I inform the court that I need an accommodation?

Yes. You must notify the court or program that you need a disability accommodation. If you do not request an accommodation, the court is not required to provide one.

When should I ask for an accommodation?

A request for an accommodation may be made at any time. We ask, however, that you notify the court at least 10 business days in advance.

May the court deny my request for an accommodation?

Yes. The court may deny your request if the request is for a personal or individually prescribed device, or if the modification will fundamentally alter the nature of the service, program, or activity of the court or program. If you disagree with the denial of your request, you may submit a complaint form.

If the court suggests a different accommodation, do I have to accept an alternative accommodation?

The court may 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 transcript of the written material.

The court is required to find an accommodation that will effectively allow full participation in the court proceedings. The court is not required to provide the best accommodation, but must provide an effective one. Therefore, the accommodation provided may not necessarily be your first choice. Determining an appropriate accommodation requires an interactive process between you and the Disability Accommodations Coordinator during which your input and suggestions are welcome and important.

How do I file a complaint if I am not satisfied with the accommodation?

You may fill out a complaint form available from the Disability Accommodations Coordinator assigned to the building where your court proceeding or program is scheduled or from Beth Tarter, EEO/ADA Officer at 808-539-4336 (Voice) or email adarequest@courts.hawaii.gov

Disclaimer

This information is not intended to be a complete or full statement of the state and federal laws governing persons with disabilities and is not intended to be, or to substitute for, legal advice.