I. What is the ADA and Who Can Request Accommodations?
What is the ADA?
The Americans with Disabilities Act of 1990, as amended, is a federal law requiring that entities such as the Massachusetts Court System seek to provide equal access to its proceedings, services and programs, to all persons and so offer accommodations to those with a disability.
There are also Massachusetts laws protecting people with disabilities. Such laws include Article 114 of the Amendments to the Massachusetts Constitution; and The Massachusetts Equal Rights Act (MERA) G. L. c. 93, § 103(a). These laws work together to make sure individuals with disabilities are treated equally to those without.
Who has the right to ask for an accommodation?
Any court user who is a qualified individual with a disability may ask for an accommodation. A “court user” can be a party to a case, an attorney, a juror, probationer, or any other member of the public who has reason to come to a court location or has an interest in attending any public proceeding before any court.
What disabilities qualify for accommodation?
A disability is a physical or mental impairment that substantiallylimits one or more major life activities. Major life activities may include caring for oneself, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning, and working.
Examples of ADA disabilities include (these are just examples and not an exclusive list):
- ADHD;
- Bipolar Disorder:
- Blindness;
- Cancer;
- Cerebral Palsy;
- Deafness;
- Diabetes:
- Epilepsy:
- HIV infection;
- Mobility impairments;
- Multiple Sclerosis;
- Muscular Dystrophy;
- Major Depressive Disorder;
- Obsessive-Compulsive Disorder:
- Post-Traumatic Stress Disorder;
- Schizophrenia.
What disabilities do not qualify for accommodation?
Temporary afflictions such as the flu or a cold do not qualify for an accommodation. The Massachusetts Court System is committed to providing the opportunity to participate equally in services, programs, and activities. The courts will strive to accommodate court users within reason.
If you are experiencing flu or flu-like symptoms, call the court where your proceeding is scheduled. Your court date may be moved or you might be able to appear by video or phone even if your sickness does not fall under the ADA.
II. What are Reasonable Accommodations?
When will the Massachusetts Court System provide an accommodation?
The Massachusetts Court System will provide an accommodation so long as it is "reasonable" and does not cause an undue financial or administrative burden. The courts are not required to provide accommodations that:
- fundamentally alter the nature of a court service, program, or activity,
- impair the neutrality of the court,
- create an uneven playing field, or
- pose a direct threat to the health or safety of others.
What kind of accommodations can I ask for?
Accommodations come in many forms. However, the accommodation must be “reasonable” under the circumstances.
Some examples are:
- Reassign a hearing to an accessible site; or
- Reassign a hearing from a morning session to an afternoon session to accommodate medical need;
- Provide an assistive listening device; or
- Provide computer-assisted real-time transcription (CART) services.
What are examples of accommodations that will not be provided?
Requests for accommodation are considered on a case-by-case basis, but some examples of accommodations that usually will not be provided include:
- providing legal advice or legal research or writing;
- advocating (speaking) to a clerk magistrate or judge on your behalf to grant requested accommodations;
- providing personal assistance such as assistance with toileting, walking, feeding, or other personal needs;
- granting prolonged or indefinite extensions of time; and
- providing transportation to and from a court location.
How do I ask for an accommodation ahead of my service as a juror?
Contact the Office of the Jury Commissioner. More information can be found at Learn about jury duty accessibility.
Will parking be provided as an accommodation?
No, parking is not provided as an accommodation.
However, if a court location provides public parking, a number of parking spaces will be available for court users with disability plates or placards on a first-come-first-serve basis.
III. How to Request a Reasonable Accommodation
Should I request an accommodation before I come to court?
Yes.
While a request for an accommodation can be made at any time, it is best to make the request as far in advance as you can. If possible, you should give a minimum of ten (10) business days’ notice, particularly for high demand services such as CART or ASL interpreters, which often require several weeks’ notice to schedule.
How do I ask for accommodation?
Fill out the Request for Reasonable Accommodation Form and submit it to the local court’s ADA Assistance Coordinator.
If you require assistance, you can also call and speak to the ADA Assistance Coordinator about the process of making a request and completing the form.
(Find an ADA Assistance Coordinator at ADA Accessibility at the Courts | Mass.gov.)
When must I file a Motion to ask for an accommodation?
Only a judge or clerk magistrate can consider certain requests for accommodation, including requests that involve a balancing of the rights of the parties, alterations to the applicable rules of procedure, and changes to the functioning of a court proceeding. Such requests must be made by filing a Motion directly with the judge or clerk magistrate.
Examples of requests for accommodation that must be made by Motion include:
- extensions of time;
- changes in the time of day a proceeding will be conducted;
- participating in a proceeding by phone or videoconference;
- presenting information in an alternative format.
A template for writing a Motion for reasonable accommodation can be found online.
What if I don’t know whether the Request Form or the ADA Motion is necessary?
If you’re unsure or have questions, contact your courthouse’s ADA Assistance Coordinator. Each court location has an ADA Assistance Coordinator. Their name and contact information are posted on the mass.gov website for each individual court. This information is also posted in the courthouse.
(Find an ADA Assistance Coordinator at ADA Accessibility at the Courts | Mass.gov.)
What is the role of an ADA Assistance Coordinator?
ADA Assistance Coordinators help facilitate requests for accommodation by communicating with you and coordinating your request with the appropriate court personnel.
ADA Assistance Coordinators can assist with the completion of a form or motion, but cannot advise on what to include or otherwise provide legal advice. They are not notetakers, scribes, advocates, or compliance officers.
Where can I find the Request for Reasonable Accommodation form?
Our website ADA Accessibility at the Courts | Mass.gov
The courthouse clerk’s office Massachusetts Court System | Mass.gov
A court service center Court Service Centers | Mass.gov
A court library Trial Court Law Libraries | Mass.gov
What information is required to ask for an accommodation?
Your request should include:
- your name, address, phone number, email address;
- the date by which you will need the accommodation, such as the date of the proceeding or applicable court deadline;
- the court location;
- the name of the case (and case number, if known);
- your involvement in the case, such as party, witness, interested party or attorney;
- the nature of your disability;
- a brief description of the accommodation you are seeking;
- and any other important information that would aid in the consideration of your request.
Do I have to tell the court detailed medical information about my disability when I request an accommodation?
No.
You are not required to disclose full detailed medical information and you should not share medical documents unless the court asks for such documentation.
However, the request should state the general nature of your disability and an explanation of how, because of this disability, the requested accommodation is necessary.
Should I include medical documentation or a doctor’s note with my ADA form or motion?
No.
Do not include any medical documentation or a doctor’s note with anything submitted to or filed with the court. If medical documentation is required, then a judge, clerk-magistrate, or ADA Assistance Coordinator will request it.
Is my request for an accommodation kept confidential?
The ADA Accommodation Request Form is kept confidential and maintained in a separate file. Other parties are not allowed access to it. It is only shared with other court personnel if necessary to consider and/or implement the accommodation.
However, if your request is made by motion, it is part of the court record and presumptively available to the public. If you want your information to be kept confidential and unavailable to the public, then you may request “impoundment”. This option is available on the ADA Motion and the judge will decide to approve or deny your request. It may be required to be provided to the opposing party in your proceeding. You can ask that the motion be kept confidential (i.e., “impounded”) when you are writing the other information in your motion request.
How do I keep my need for accommodation confidential if it is filed as a motion?
You may file a Motion for accommodation and include a comment asking for impoundment along with an explanation of why this is necessary. This option is included in the Trial Court’s ADA Motion. Even if a judge grants the motion, however, please note that other parties to the case will still be able to access the motion for accommodation.
Uniform Rules on Impoundment Procedure, Rule 2: Motion for Impoundment
What happens after I submit my request for accommodation?
Some requests, such as assistive listening devices, can be accommodated quickly, sometimes on the same day.
Others, such as arranging for an interpreter, or any request that must be made by motion to a judge, will take more time to respond to.
The court will make every effort to respond to your request in a reasonable amount of time but be mindful that limitations (such as not enough certified interpreters) make scheduling a challenge so provide as much advance notice to ensure that your accommodation requests are met.
Will I receive the accommodation I ask for? Do I have to accept alternative accommodations?
The court is allowed to offer effective alternatives to the accommodation requested. If you are not able to use the alternative offered, let the court know and the ADA Assistance Coordinator will talk to you about the accommodations and discuss other possible options. For example, if the offered assistive listening devices do not help because of severe hearing loss, computer-aided transcription may be available.
My request for an accommodation has been denied. What can I do?
If your request was denied by a judge, you must file a Motion for reconsideration by the judge or file an appeal with the Appeals Court. You can contact the Volunteer Lawyer’s Project for help: Contact Us - Volunteer Lawyers Project
If your request was denied by someone other than a judge or clerk magistrate, you must follow our grievance procedure.
Is there a separate cost for an accommodation?
No.
The Massachusetts Court System provides reasonable accommodations at no cost to all qualified individuals. However, the ADA does not require the Trial Court to waive standard fees or other costs required of all court users as an accommodation.
For instance, a filing fee to initiate a case will typically not be waived as an accommodation. Nor will the fee of obtaining transcriptions be waived as an accommodation. If you can’t afford the fee you can file an Affidavit of Indigency.
Does the court have to pay for or provide medical equipment or personal services I may need at court?
No.
The court does not have to provide or pay for items having to do with personal needs. Massachusetts Court System does not provide:
- A personal care assistant;
- Personal hearing aids, prescription eyeglasses, wheelchairs, or walkers;
- A free lawyer, paralegal, or assistant although you may contact our Court Service Center or Trial Court library to find what resources are available.
Can I bring an animal or pet into a court facility for emotional support?
Pets and emotional support, comfort and/or therapy animals are not permitted.
A service animal (a dog, and in some cases, a miniature horse) that has been trained to perform tasks for a person with a disability is permitted.
You do not need to submit a Request Form or a Motion to bring a trained service animal to a court location.