In criminal court, the prosecutor or the court is responsible for ensuring that an accommodation is provided to the defendant. However, it is the responsibility of the defendant or the defense attorney to notify the prosecutor or the court that an accommodation is necessary. The court or prosecutor may not realize an accommodation is needed, but once they are informed of that fact, it is their responsibility and financial obligation to provide the accommodation. The process may vary depending on the particular court, so it is important to ask the clerk whom to contact to request an accommodation.
If the client requires a physical accommodation to access either the building the courtroom, the attorney should contact the clerk to determine what accommodations may be already in place or what options the court may already have. For instance, there may be a portable ramp available that can be put into place so the individual can gain access to the building. If a courtroom is inaccessible due to stairs or other obstacles, there may be a different courtroom that can be used or an elevator.