A Meaningful Opportunity to Participate
A Handbook for Georgia Court Officials on Courtroom Accessibility
for Individuals with Disabilities
A Handbook for Georgia Court Officials on Courtroom Accessibility
for Individuals with Disabilities
PART IV:
Removing Common Barriers to Access
Page 1 of 3
Equally Effective Communication
Communication includes the exchange of information in all forms, including voice, sound, print, and electronic and information technology. Georgia courts should be aware of the types of disabilities that impact effective communication as well as the auxiliary aids and services that are often necessary to ensure effective communication.
To ensure an equal opportunity for individuals with disabilities to participate in the courtroom, it is necessary to acknowledge and remove the communication barriers people with disabilities often face. Disabilities that may affect an individual's ability to effectively communicate with the court include:
Hearing
Speech
Vision
Cognition
The court should assess each situation on an individualized, case-by-case basis, to determine if the court needs to provide auxiliary aids and services to ensure effective communication with people with disabilities. Examples of auxiliary aids and services used to accommodate people with disabilities are:
Assistive listening devices
Communication Access Realtime Translation (CART)
Qualified sign language interpreters
Telecommunications relay services
Alternate formats for printed materials
Accessible Internet sites
In selecting an auxiliary aid or service, courts should:
Give primary consideration to the aid or service preferred by the individual because that individual is usually best able to identify the communication barriers that hamper participation.
Allow people the opportunity to use their own assistive technology products to achieve effective communication. For example, a person with cerebral palsy who has difficulty with speech may use an augmentative communication device. Denying a person the opportunity to use such a device would deny effective communication. However, a court is not required to purchase such a device for a person with a disability who does not already have the device.
Consider the context in which the communication is taking place and its importance:
If a plaintiff who is deaf requests a sign language interpreter for a scheduling hearing, it may be possible to provide effective communication through written notes, provided the plaintiff understands written English, the hearing is brief, the plaintiff is represented by counsel and the plaintiff is able to participate effectively in the hearing.
However, when the information being communicated is complex or lengthy, (for example a hearing to determine child custody), and the plaintiff who is deaf uses sign language to communicate, a qualified sign language interpreter is necessary for effective communication.
A court is not required to provide the requested aid or service if there is another equally effective means of communication available, or if the requested aid or service would result in a fundamental alteration in the service, program, or activity, or in undue financial or administrative burdens.
A court may not pass along to a person with a disability the cost of the aid or service in the form of a surcharge.
Assistive Listening Systems (ALS) are "binoculars for the ears." They increase the loudness of specific sounds and bring sounds directly into the ear. In addition, ALS "stretch" hearing aids and cochlear implants by improving their effectiveness in environments that are noisy, have poor acoustics, and when there is a big distance from the speaker. ALS can utilize FM, infrared, or inductive loop technologies. All three technologies are considered good, and each one has advantages and disadvantages.
Infrared systems guarantee privacy and are the appropriate choice for situations such as court proceedings that require confidentiality. Infrared systems work by transmitting sound via light waves in a 60-degree cone to receivers worn by users. Thus, the system is restricted to the room in which the equipment is installed. With the exception of high frequency lights and bright sunlight, there are few sources of interference with infrared systems.
Like all ALS, each infrared system has at least three components: a microphone, a transmission technology, and a device for receiving the signal and bringing the sound to the ear. New Access Board ADA standards require receivers to have a jack to plug in a neckloop or a cochlear implant patch cord.
If a courtroom already has a microphone and a public address system for hearing people, it should be simple to patch in an infrared system. If a courtroom does not have a public address system, consideration should be given to the number of microphones to provide and who will use the microphones. Wireless microphones can be used with any system, thereby simplifying running cables around the courtroom. However, if security is an issue, wireless microphones are not secure.
ALS should also be considered for the jury room. Small, portable infrared systems are available with multiple microphones in addition to a table-mounted conference microphone.
Some microphones should have a mute switch, such as those used on the bench when a judge calls up attorneys for a private conversation.
Communication Access Realtime Translation (CART) Services
Communication Access Realtime Translation (CART) is a word-for-word speech-to-text service for people who require communication access. People who are deaf, late-deafened, hard of hearing or who have cochlear implants benefit from CART because it provides a text display of speech that occurs in the courtroom. A CART provider uses a steno machine, notebook computer and Realtime software to render instant speech-to-text translation on a computer monitor or other display media for an individual or group.
The National Court Reporters Association provides recommended procedures regarding the provision of CART in courts. These recommended best practice procedures can be reviewed online at: http://www.ncraonline.org/foundation/research/CARTguidelines.shtml.
If it is necessary to utilize a sign language interpreter to facilitate effective communication, the ADA requires that the interpreter must be qualified. Being able to sign does not equate to being able to interpret. Someone who does not possess all the necessary interpreting skills to process spoken language into equivalent sign language and to process sign language into equivalent spoken language cannot provide effective communication. Therefore, a state or local court employee who can "sign pretty well" is not qualified to provide effective communication.
Since there are a number of sign language systems (signed English and American Sign Language are the most prevalent) used by individuals who are deaf or hard of hearing, individuals who use a particular system may not communicate effectively through an interpreter using a different system. Therefore, when an interpreter is required, state and local courts should provide a qualified interpreter who is able to equivalently interpret using the same sign system as the individual who is deaf.
A qualified interpreter must be able to interpret both receptively and expressively in sign language and in spoken English and must do so effectively, accurately and impartially, using any specialized vocabulary necessary. Additionally, Georgia law requires that a sign language interpreter be certified by the Registry of Interpreters for the Deaf, Inc. in particular proceedings. See Appendix D for the Sign Language Interpreter's Code of Ethics from The Registry of Interpreters for the Deaf, Inc.
Under the ADA, it is the responsibility of state and local courts to provide a qualified interpreter. State and local courts may not require individuals who are deaf or hard of hearing to provide their own interpreters. The obligation to provide impartial interpreting services requires that, upon request, state and local courts provide an interpreter who does not have a personal relationship to the individual who is deaf or hard of hearing. In most situations, allowing friends or family members to interpret is inappropriate because their presence may violate the right to confidentiality or because a friend or family member may have an interest in the proceeding that is different from that of the individual who is deaf or hard of hearing.
It is often necessary to employ more than one interpreter during proceedings that are lengthy or complex. See Appendix D, Sign Language Interpreters in the Courtroom, for additional information for Georgia courts.
Text telephone is a generic term for devices that provide access to real-time telephone communications for persons with hearing or speech impairments. Text telephones are also known as TTYs and TDDs (telecommunications devices for deaf persons). Like computers with modems, text telephones provide keyboards for typing conversations and visual displays for callers and receiving parties who are connected over standard telephone lines.
A call from one text telephone can only be received by another--and compatible--text telephone. The devices, however, can be used by and between both hearing and non-hearing persons. Two-way communications between individuals who use text telephones and those who do not is accomplished through 24-hour operator-assisted telecommunications relay services.
A court purchasing a TTY should include the dedicated TTY phone number on all court publications where the court's main telephone number is listed. If a court provides public telephone service, it should consider purchasing a TTY device for public use. If the court does not provide a public TTY, it should provide people with disabilities access to the court's TTY device on request.
The U.S. Access Board has a helpful, on-line guide on using a TTY: http://www.access-board.gov/publications/usingATTY/a2.html.
Telecommunications Relay Services (TRS)
Georgia courts can communicate with people who have difficulty using a telephone by using Telecommunications Relay Services (TRS). TRS enables standard voice telephone users to talk to people who have difficulty hearing or speaking on the telephone. TRS uses operators, called communications assistants, to facilitate the making of telephone calls by people who have difficulty hearing or speaking and who use assistive technology devices such as text telephones (TTY). Relay services are managed by the Georgia Relay program, administered under the Public Service Commission.
There are several types of TRS available. Any of these may be initiated by an individual with a hearing or speech disability, or by a conventional telephone user:
Text to Voice TRS - A person using a TTY dials 7-1-1 to access an operator who places the call. The operator then relays the conversation by transmitting the text from the TTY display to the recipient through speech, and by transmitting the voice of the recipient to the TTY caller through text. Relay callers are not limited in the type, length, or nature of their calls. The TRS operator is bound by a confidentiality requirement not to disclose the content of any TRS call. Courts should train employees who are responsible for making and answering phone calls about the TRS system so they can communicate effectively with people using the system. When employees answer the phone and hear, "Hello, this is the relay service. Have you received a relay call before?" the employee should not hang up. They are about to talk to a person who is deaf, hard-of-hearing or has a speech disability.
Voice Carry Over (VCO) TRS - VCO TRS enables a person who is hard of hearing but who wants to use his or her own voice, to speak directly to the receiving party and to receive responses in text form through the operator. No typing is required by the calling or the called party. This service is particularly useful to people who have lost their hearing but who can still speak.
Hearing Carry Over (HCO) TRS - HCO TRS enables a person with a speech disability to type his or her part of the conversation on a TTY. The operator reads these words to the called party and the caller hears responses directly from the other party.
Speech-to-Speech Relay (STS) - With STS, a person with a speech disability uses an operator specially trained in understanding a variety of speech disorders. The operator repeats what the caller says in a manner that makes the caller's words clear and understandable. No special telephone is needed for this option.
Video Relay Services (VRS) - VRS enables individuals who use sign language to make relay calls through operators who can interpret their calls. The caller signs to the operator with the use of video equipment and the operator voices what is signed to the called party and signs back to the caller. This type of relay service is offered on a voluntary basis by certain TRS programs. This option is helpful for people who use American Sign Language (ASL), and for people who cannot type on a TTY easily. Georgia Relay also provides for people to make relay calls over the Internet through its website at http://www.georgiarelay.org/.
Courts may choose televised public service announcements to transmit messages to local residents. For example, the court may fund a message for broadcast on television stations about the local Court Appointed Special Advocates (CASA) program or may show a short orientation videotape to prospective jurors. In any multimedia production, courts should consider providing captions for any spoken content so that people who are deaf or hard of hearing can access the content.
There are two different types of captioning available. Open captioning displays the captions directly on the screen where all viewers can readily see the captions. The subtitles on foreign language movies are a form of open captioning. While open captions can be effective for people who are deaf and hard of hearing, the hearing population also relies on the captions in noisy venues such as airports, health clubs and restaurants. However, open captioning can also be distracting for some viewers. Thus, closed captioning provides coded captions that are embedded in the video. Televisions manufactured after 1993 have a caption decoder chip that decodes the captioned video.
If courts work with a production company to create a video, it should be captioned. Most production companies have the capability to provide either open or closed captions on request. If the video is to be displayed in the courtroom, the court should be sure that the television where the video is to be displayed is equipped with closed captioning and that courtroom personnel have the training to set closed captioning options on request.
Another possible solution for courts without the funding to provide closed captioning is to present the video on a split-screen. The content of the video would be shown on one half of the screen, while a sign-language interpreter would interpret the spoken words on the other half of the screen. While this is a low-cost approach, it may not be as effective as captioning for long videos, or for persons who are hard of hearing and do not understand sign language.
People with disabilities that affect their ability to read print may request print materials in alternate formats. Common examples of alternate formats include:
Audiotape: Courts should make sure that any audiotape versions of documents are recorded in a way that is clear and understandable.
Braille: Braille uses a system of raised dots to represent letters. Documents in Braille are embossed onto heavy paper and read by touch. A court may choose to purchase a Braille embosser and the necessary software to translate electronic documents into Braille, but it may be more convenient to contract this work out to an expert in Braille printing. Because the majority of people who are blind do not use Braille, however, it should not be the only type of alternate format provided.
Electronic Files: Courts can use either a floppy disk or a CD-ROM to deliver electronic copies of documents depending on the technology needs of the person making the request. Documents should be saved on disk either in text format (.txt extension) or in Microsoft Rich Text Format (.rtf) extension unless the person requests a specific file format.
Large Print: The minimum size for creating large-print documents is 18-point font, which can be easily produced on most word processors. However, a person with low vision may request a larger font. If the document is not available electronically, use the enlarging features on a copier to provide large print.
Increasingly, electronic and information technology is the medium for the exchange of information. Many people with disabilities use "assistive technology" to enable them to use computers and access the Internet. People who are blind and cannot see computer monitors may use screen readers - devices that speak the text that would normally appear on a monitor. People who have mobility impairments and experience difficulty using a computer mouse can use voice recognition software to control their computers with verbal commands. People with other disabilities may use still other kinds of assistive technology.
As it becomes more common to provide public services over the Internet, courts should be aware of potential barriers that people with disabilities face in accessing their Internet sites. Many researchers draw a parallel to the design of accessible buildings and the design of accessible websites. In both instances, making just a few changes can make the building or the website more accessible to people with disabilities. However, the changes that need to be made to an Internet site are less expensive and more easily implemented than installing a ramp or widening a door. Designers may not realize how simple features built into a web page will assist someone who, for instance, cannot see a computer monitor or use a mouse. Creating accessible Internet sites only appears more complicated because most people are not familiar with the computer code used to create websites.
An example of a barrier is a photograph of a courthouse on a court's website with no text identifying it. Because screen readers cannot interpret images unless there is text associated with it, a blind person would have no way of knowing whether the image is an unidentified photo or logo, artwork, a link to another page, or something else. Simply adding a line of hidden computer code to label the photograph "Photograph of County Courthouse" will allow the blind user to make sense of the image.
Technology offers tremendous potential for Georgia courts to provide more effective services. The U.S. Department of Justice suggests the following voluntary action plan for providing accessible websites:
Establish a policy that your web pages will be accessible and create a process for implementation.
Ensure that all new and modified web pages and content are accessible:
Check the HTML of all new web pages. Make sure that accessible elements are used, including alt tags, long descriptions, and captions, as needed.
If images are used, including photos, graphics, scanned images, or image maps, make sure to include alt tags and/or long descriptions for each.
If you use online forms and tables, make those elements accessible.
When posting documents on the website, always provide them in HTML or a text-based format (even if you are also providing them in another format, such as Portable Document Format (PDF)).
Develop a plan for making your existing web content more accessible. Describe your plan on an accessible web page. Encourage input on improvements, including which pages should be given high priority for change. Let citizens know about the standards or guidelines that are being used. Consider making the more popular web pages a priority.
Ensure that in-house staff and contractors responsible for web page and content development are properly trained.
Provide a way for visitors to request accessible information or services by posting a telephone number or E-mail address on your home page. Establish procedures to assure a quick response to users with disabilities who are trying to obtain information or services in this way.
Periodically enlist disability groups to test your pages for ease of use; use this information to increase accessibility.
A U.S. Department of Justice publication, "Accessibility of State and Local Government Websites to People with Disabilities", explains many of the issues involved in creating accessible websites. The publication is available online at the Department of Justice website http://www.ada.gov/websites2.htm.
© Georgia Commission on Access and Fairness in the Courts, December 2004
This website best viewed in Internet Explorer 5 or later.
