FOR IMMEDIATE RELEASE                                          CR
TUESDAY, FEBRUARY 11, 1997                         (202) 616-2765
                                               TDD (202) 514-1888
                                 
  JUSTICE DEPARTMENT REACHES AGREEMENTS WITH TWO MISSISSIPPI COURTS
         UNDER THE AMERICANS WITH DISABILITIES ACT (ADA)

     WASHINGTON, D.C. --  The Justice Department today reached
agreements with two Mississippi county courts to ensure that deaf
individuals can fully participate in jury activities.

     The agreements resolve complaints lodged under the Americans
with Disabilities Act (ADA) by Charles Carver, a Mississippi man
who is deaf and uses sign language to communicate.  Carver
alleged that he was denied an opportunity in 1992 and 1994 to
serve as a juror because he is deaf.

     "Today's agreement will ensure that persons who are deaf or
hard of hearing will no longer be excluded from jury service,"
said Acting Assistant Attorney General Isabelle Katz Pinzler.  "A
prospective juror's deafness does not render him or her incapable
of performing the duties of a juror."

     On May 6, 1992, Carver was called for jury duty in Hancock
County.  According to his complaint, when he arrived at the court
accompanied by an interpreter, the judge, after noting the
presence of the interpreter, indicated that deaf people could not
serve as jurors.
 
     The complaint also referred to a second incident, on January
24, 1994, in Harrison County, where another judge noted an
interpreter signing to Carver.  After the interpreter explained
that Carver was deaf and she was his interpreter, the judge
excused him from jury duty, despite Carver's protests. The judge
noted that the case was too technical for a deaf juror and that
the interpreter would distract the other jurors.  At Carver's
insistence, he remained, but when his time came to be questioned,
he was skipped.

     Under Title II of the ADA, public entities, including
courts, are prohibited from discriminating against qualified
individuals on the basis of their disabilities.  State courts are
required to ensure that persons who are deaf or hard of hearing
have an equal opportunity to benefit from the courts' programs
and services, including participation as jurors, parties,
witnesses, and spectators.

     Both Harrison and Hancock Counties have entered into
agreements which require each to:

          establish a written policy to ensure that persons with
          hearing impairments have an equal opportunity to
          benefit from the services of the courts, including
          participating as jurors, parties, witnesses, and
          spectators;   

          secure the services of a qualified interpreter whenever
          necessary to ensure effective communication for deaf
          persons;

          reimburse the complainant for the interpreting expenses
          he incurred when he appeared as a potential juror in
          the circuit courts of Harrison and Hancock Counties; 

          publicize the policy through public notices in local
          newspapers;

          inform and instruct all appropriate district court
          officials responsible for conducting proceedings to
          comply with the policy; and,

          train the administrators of each county court on the
          application of the ADA in jury trials and other court
          proceedings.

     In 1993 the Department entered into a similar settlement
with the Utah state court agency.

     The agreements also permit the Justice Department to
petition the U.S. District Court if the court fails to comply.
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97-061