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New Mexico webinar urges courts to adopt policy modifications, interactive processes to improve ADA access
Summary
A recorded webinar hosted by the New Mexico Judiciary and the Southwest ADA Center reviewed Title II ADA policy modifications, distinguished administrative versus judicial accommodation processes, and urged courts to document good-faith efforts to ensure access for people with disabilities.
Peggy Cadwell, statewide Title II ADA coordinator for the New Mexico courts, opened a recorded webinar that the New Mexico Judiciary will post on its YouTube channel and said slides and a PDF would be shared with participants.
Julie Bellinger, an affiliate with the Southwest ADA Center, led the hourlong Inclusive Justice ADA training and told court staff the session’s focus was policy modifications, effective communication and architectural access to ensure program access under Title II of the Americans with Disabilities Act.
Bellinger said courts should favor administrative ADA processes for accommodation requests when possible so staff can resolve issues and preserve access to established grievance procedures. "If a judge or quasi judicial officer in a pending proceeding denies an accommodation request or provides an ineffective or unwanted accommodation, the denial may only be reviewed through the regular process of judicial review," she said, and added that administrative handling allows staff to implement solutions without entering judicial proceedings.
The presenter urged courts to adopt clear policies stating that practices and procedures may be modified to afford participation to qualified individuals, noting many staff and judges are unsure what may be changed. She recommended using an individualized, informal "interactive process" to identify barriers and accommodations, and to involve the person with a disability rather than relying only on third parties.
Bellinger provided concrete examples courts can adopt: providing alternative formats for documents, arranging ASL interpreters or CART real-time transcription, making temporary ramps, permitting limited cell-phone use for medical monitoring, offering frequent breaks, allowing juror personal care attendants, and providing staff assistance at self-help centers when forms are inaccessible.
She warned that timing matters: requests made shortly before or during a proceeding can increase the risk that a proposed accommodation would impose an undue burden or constitute a "fundamental alteration" to the service. "The court carries the burden of proving fundamental alteration and must do what it can up to the point of fundamental alteration to create access," Bellinger said, adding that failure to engage in the interactive process can expose the court to DOJ action or litigation.
Bellinger said courts should document compliance efforts and good-faith attempts to find solutions—documentation the ADA requires—and coordinate with community resources when courts cannot provide personal services or devices. She highlighted the New Mexico Judiciary Scribing Services as an example of an alternative access policy that provides trained staff or vetted volunteers to help court users complete inaccessible forms.
The webinar closed with a resources list and a reminder that the presentation and materials will be available online; Bellinger signaled a forthcoming session focused on effective communication and invited questions from participants.
