DEC 13 1995


The Honorable Trent Lott
United States Senate
487 Russell Senate Office Building
Washington, D.C. 20510-2403

Dear Senator Lott:

        I am responding to your letter on behalf of your
constituent, Mr. Thomas Matthews, regarding requirements under
the Americans with Disabilities Act (ADA).

        According to Mr. Matthews' letter, he is an attorney
representing an individual who is deaf in a trial about a
speeding ticket. The court has informed him that he must provide
an interpreter for his client during the trial. Mr. Matthews
proposes to use a 15-year-old who has a deaf parent as the
interpreter.

        Title III of the ADA prohibits people who own or operate
places of public accommodation, such as attorneys, from
discriminating on the basis of disability in the provision of
their services. In addition, title II of the ADA prohibits State
and local government entities, such as courts, from
discriminating on the basis of disability in their programs,
services, and activities.

        Both title II and title III require covered entities to
ensure effective communication with the participants in their
programs or services, including participants with hearing
impairments, unless doing so would cause a fundamental alteration
of the program or service or would result in an undue burden. 28
C.F.R. SS 35.160-164; 28 C.F.R. S 36.303. Therefore, unless it
would cause a fundamental alteration or undue burden,
Mr. Matthews must provide necessary auxiliary aids, including, if
necessary, qualified sign language interpreters to ensure
effective communication in his out-of-court communications with
his client. In-court communications, however, fall within the
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jurisdiction of the court and, therefore, are covered by title
II. The court must ensure effective communication through
appropriate auxiliary aids, including, if necessary, qualified
sign language interpreters, for such in-court proceedings, unless
to do so would cause a fundamental alteration or undue burden.

        A sign language interpreter is not a necessary auxiliary aid
in all situations. In some contexts, other auxiliary aids may be
adequate. In determining what constitutes an effective auxiliary
aid or service, covered entities must consider, among other
things, the length and complexity of the communication involved.
A note pad and written materials may be sufficient means for
short, uncomplicated communications. Where, however, the
information to be conveyed is lengthy or complex, the use of
handwritten notes may be inadequate and the use of an interpreter
may be the only effective form of communication. Use of
interpreter services is not necessarily limited to the most
extreme situations. The enclosed Technical Assistance Manuals
address this issue at II-7.1000 and III-4.3200.

        In order to satisfy the effective communication requirement
of the ADA, any sign language interpreter that is provided must
be qualified. Although an interpreter need not be certified, he
or she must be able to effectively sign to the individual who is
deaf what is being said by the hearing person and to effectively
voice to the hearing person what is being signed by the
individual who is deaf. The interpreter must be able to
accomplish these communications effectively, accurately, and
impartially. In some contexts, such as some legal proceedings,
this may require knowledge of the applicable specialized
vocabulary.

        I hope this information is helpful to you in responding to
your constituent.

                                Sincerely,


                             Deval L. Patrick
                        Assistant Attorney General
                           Civil Rights Division
Enclosures
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                                Thomas M. Matthews, Jr.
                                   Attorney At Law
                                116 W. College Avenue
                              Wiggins, Mississippi 39577
                                                        Telephone:
601-928-9997
                                                               Or:
601-928-9998
                                                              Fax:
601-928-6132
                                   October 18, 1995
Honorable Trent Lott
245 E. Capitol Street
Suite 226
Jackson, MS 39201

Honorable Thad Cochran
P. O. Box 22581
Jackson, MS 39205

Honorable Gene Taylor
2424 14th Street
Gulfport, MS 39501

Dear Sirs:

        I was just called by the Justice Court Clerk and
advised that through the Mississippi Attorney General's Office
she was told that because of the Americans With Disabilities
Act we must provide an interpreter for a deaf individual who
wants a trial on his speeding ticket. Our search of Stone
County has revealed that we may be able to use a 15 year old
who has a deaf parent; otherwise, we will have to hire someone
from outside the county.

        I just wanted you to know that we are all well in
South Mississippi and are trying to live up to our obligations
under that great shielf provided by Washington that protects
us all.

        I am,
                                        Sincerely yours,

                                     THOMAS M. MATTHEWS, JR.
TMM:sbp
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