An accommodation request is not limited to an enumerated list of things or services, but rather is tied to the needs of the client’s disability and what could be provided to enable participation in the court proceeding. It’s important to remember that there must be a nexus between the client’s disability and the accommodation requested in order for the accommodation to be required by the ADA.
For physical access issues, a requested accommodation could be as simple as permitting the client to provide testimony from counsel table rather than the witness box because stairs may be a barrier. Since the COVID-19 pandemic has pushed courts into using technology, an accommodation request could be to allow the individual to testify remotely via videoconferencing technology if physical barriers to the building prevent in-person testimony. For example, if there are only courtrooms on the second floor and the elevator is broken, but the defendant uses a wheelchair, requesting participation via Zoom would be a reasonable accommodation.
For clients with hearing impairments, you can request that the court provide an ASL interpreter. One important thing to keep in mind is that the interpreter provided by the court is an extension of the court and will not be able to interpret confidential communications between an attorney and the client. You will need to make a plan for confidential communications with your client; this could include communicating in writing or hiring your own interpreter solely for confidential communication purposes.
For clients who have service animals, you will need to inform the clerk that the client has a service animal that will be present during court proceedings. You and the client should keep in mind that if the animal is not well-behaved or housetrained, the animal could be barred from being in the courtroom even if it does provide a service.1