WWW.USDOJ.GOV

WASHINGTON, D.C. -- The Hawaii state court system will now provide effective communication to people who are deaf or hard of hearing, under an agreement signed today with the Justice Department. Today's agreement with the Judiciary of the State of Hawaii is the first of its kind to provide qualified sign language interpreters in Hawaii state court proceedings. The settlement resolves a complaint filed with the Justice Department by a deaf man alleging that Hawaii violated Title II of the Americans with Disabilities Act (ADA) by not providing a qualified sign language interpreter for a court appearance.

The complainant had received a speeding ticket in 1992 and asked the court 4 months before his appearance for an interpreter. None was provided, so his wife interpreted for him at the hearing. The court later acknowledged that interpreters had been available.

Under the agreement, the court system will implement a policy that requires the court to provide interpreters when other auxiliary aids such as listening devices, real time translation are not equally effective for providing communication or are unavailable for court appearances.

Title II of the ADA prohibits discrimination on the basis of disability by State and local governments and requires courts to provide appropriate auxiliary aids and services, including qualified interpreters, whenever necessary to give an individual with a disability an equal opportunity to participate in the court's programs and provide effective communication, unless to do so would result in an undue burden.

"By cooperating with the Department to resolve this complaint, the Hawaii Judiciary will open the doors of its courtrooms to all citizens," said Bill Lann Lee, Acting Assistant Attorney General for Civil Rights. "Hawaii's provision of interpreters complies with the letter and the spirit of the law." The settlement requires the Hawaii state courts to:

1. enforce a comprehensive a policy on effective communication for participants, including parties, witnesses, jurors, and spectators, who are deaf or hard of hearing;

2. provide real time translation, assistive listening devices, interpreters and other auxiliary aides;

3. secure the services of a qualified interpreter whenever necessary;

4. require all appropriate district court officials responsible for conducting proceedings to comply with the policy; and,

5. publicize the policy to all judges and appropriate judiciary staff, and will distribute this information through pamphlets, posters, or other appropriate means.

The agreement also permits the Justice Department to petition the U.S. District Court to seek specific performance of the agreement's terms if the Hawaii state courts fail to comply. Individuals who are interested in finding out more about the ADA can access the Justice Department's ADA Home Page at http://www.usdoj.gov/crt/ada/adahom1.htm or call the ADA Information Line at 1(800) 514-0301 (voice) or (800) 514-0383 (TTY).

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