Judiciary Brings Greater Level of Access to Disabled

"There is no more intimate contact between the power of the government and individual citizens than the actions of jurors, who are just plain citizens called in to perform extraordinary work," said Chief Judge James Rosenbaum (D. Minn.) "Everything we do to make it easier for them to do their constitutional work is essential."

That belief, shared by the Judiciary, increasingly has enabled citizens with disabilities to serve with greater ease on juries.

Rosenbaum made accommodating the disabled a goal while serving on the Judicial Conference Space and Facilities Committee from 1989 to 1995.

"We had situations where work needed to be done to accommodate people with various kinds of physical conditions," he said. "I had read about a number of courts where some advocates for the disabled had come in and pointed out issues. I knew there were ways to look at this, and that there were architects we could consult."

The committee helped ease jury service for the disabled by adding accommodations requirements to the U.S. Courts Design Guide. The Guide, which provides help in the planning of cost-effective court facilities, defines disabled persons as those with mobility limitations or sight, speech or hearing impairments.

According to the Guide, the federal courts are required to conform to the barrier-free standards set forth in the Uniform Federal Accessibility Standards (UFAS) for both new construction and the renovation of existing facilities. In addition, it is the policy of the Judicial Conference that federal court facilities conform with the Americans with Disabilities Act Architectural Guidelines, when those guidelines provide a greater level of access to disabled persons than those required by the UFAS.

Newly-constructed courthouses often employ progressive design in overcoming physical barriers to their courtrooms. For example, gently sloping courtroom floors in the Frank M. Johnson, Jr., Federal Building and Courthouse in Montgomery, Alabama, help wheelchair users and others with mobility impairments enter the jury box or witness stand. The ramping design eliminates the need for a wheelchair lift.

Jury boxes in the federal courthouse in Minneapolis, Minnesota, are equipped with a removable section of foot rail, in case a disabled juror needs additional space. Jury boxes are designed so all jurors—even those in wheelchairs—can use the same entrance.

Courtroom renovation projects in historic buildings present their own design challenges. Court officials in the Northern District of West Virginia wanted to maintain the historic integrity of a 1930s-era courtroom in the Clarksburg courthouse while accommodating persons with disabilities.

"We saved a corner of the original bench and designed the new bench and jury box to preserve the historic design," said Clerk of Court Wally Edgell. "The jury box was moved across the room and redesigned so that the front row is now at floor level, two chairs are removable for wheelchair users, and the jury box entrance was enlarged."

Because sight lines can change with such redesign, the judge’s bench and witness box were adjusted so jurors in the first row could clearly see all participants in a courtroom proceeding. The Clarksburg courthouse also upgraded its infrared audio system for hearing-impaired persons while it upgraded the rest of its sound system.

Physical accommodation is not the only way courts provide for disabled jurors. Under the Jury Selection and Service Act, a trial court may determine whether a person with a communication disability is legally qualified to serve as a juror. If someone with a communication disability is deemed qualified, it is Judiciary policy that appropriate auxiliary aids or services be provided.

When completing the juror qualification questionnaire, prospective jurors must indicate any disability that would interfere with or prevent them from serving on a jury. Anyone whose disability would not prevent jury service and who is willing to serve if reasonable accommodation can be made, is asked to provide information about their disability on the questionnaire so that courts can plan the necessary accommodation.

One of the most common accommodations courts make is providing sign-language interpreters for deaf jurors. U.S. v. Dempsey held that an otherwise qualified deaf individual could serve as a juror in federal court and be accompanied in the jury deliberation room by a sign language interpreter. However, the oath sworn by interpreters before court proceedings requires that they only interpret what is being said, and not personally participate in jury deliberations.

Real-time court reporting is another option for deaf or hearing-impaired jurors. That technological development provides a written, up-to-the-minute transcript of the proceedings. Wireless headphones that can amplify sounds through infrared technology are available in many courtrooms.

Technology also can accommodate prospective jurors unable to speak.

"We have four speech generators available, if someone needs one," says Sherri Carter, clerk of the Central District of California. A person uses the device by typing in words, which are then spoken by a computer-generated voice. The speech generators, Carter explained, are used mainly by court participants other than jurors, since jurors usually have a sign interpreter with them.

Should a blind or visually-impaired prospective juror request special accommodations, the federal Judiciary allows service dogs in courthouses.

New Law Adds Judgeships The President signed the 21st Century Department of Justice Appropriations Authorization Act on November 2, 2002. P.L. 107-273 authorizes eight new district court judgeships and seven temporary judgeships; makes permanent four temporary judgeships, and extends one temporary judgeship. For a listing of the districts with new judgeships, see the October 2002, Third Branch.