U.S. Attorney’s Office Reaches Agreement with the Michigan State Court Administrative Office and Michigan Supreme Court to Ensure Effective Communication in the Michigan Courts

The U.S. Attorney's Office for the Eastern District of Michigan has reached an agreement with the Michigan State Court Administrative Office and Michigan Supreme Court (Michigan Courts) to resolve several effective communication complaints made under the Americans with Disabilities Act (“ADA”) against various courts, Acting U.S. Attorney Daniel L. Lemisch announced today. 

The complainants, who are Deaf, alleged that the courts failed to provide them with an American Sign Language (ASL) interpreter when they tried to access a variety of court services including meetings with Friend of the Court employees, video arraignments, appearing before a judge in a civil case, and observing a child’s court case.  Without access to interpreters, the complainants were unable to effectively participate in or understand the court proceedings. 

The ADA requires that public entities provide effective communication to all individuals with disabilities who seek to participate in or benefit from their services, programs or activities.  “Effective communication” means that communication with persons who are deaf or hard of hearing should be as effective as communication with others.  Public entities must provide auxiliary aids and services, including qualified and certified ASL interpreters, at no cost, and give primary consideration to the preferences of the individual with a disability when determining what aids and services to provide in order to achieve effective communication.

 In a Letter of Resolution, the Michigan Courts agreed to ensure that there is an ADA plan in place at each court, and that each court will have a designated ADA coordinator.  The courts will provide, at no charge, appropriate auxiliary aids and services necessary to afford people with disabilities an equal opportunity to participate in and enjoy the benefits of court services, activities and programs, and will not require individuals to bring someone with them to interpret or facilitate communication.  They will prominently post signs informing people of the availability of interpreters and other auxiliary aids and services, and will provide training to judges and court personnel about their obligations under the ADA.  In addition, some of the complainants will receive a modest amount of compensatory damages.

“Everyone, regardless of disability, has the right to equal access to our courts,” said Lemisch.  “Whether you are meeting with court staff, watching a family member’s court case, or appearing before a judge, if you have a disability, the ADA requires that the court provide you with the tools to understand the proceedings and communicate effectively with court personnel. I applaud the Michigan Courts for taking steps to ensure that people who are Deaf, DeafBlind or Hard of Hearing will be able to fully access our courts and the services that they provide.”

Those interested in finding out more about this resolution or the obligations of public entities under the ADA may call the U.S. Attorney’s Office Civil Rights Hotline at 313-226-9151, or send an email to www.usamie.civilrights@usdoj.gov.

Information is also available at the Justice Department’s toll-free ADA information line at 800-514-0301 or 800-514-0383 (TDD), or at www.ada.gov. 

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