# 183 DJ XXXXXXXXXX II-1.1000 II-1.

2000 March 6, 1996

Mr. James Powell Creative Realty Company 6218 Parliament Drive Indianapolis, Indiana 46220 Dear Mr. Powell: I am responding to your complaint of discrimination on the basis of disability against the Supreme Court of Indiana concerning its actions on your license to practice law. Senators Coats and Lugar also forwarded a copy of your complaint to our Department and requested review of the issues you raised. Your complaint consists of a copy of your "VERIFIED MOTION BY RESPONDENT THAT HIS LICENSE TO PRACTICE LAW IN INDIANA BE REINSTATED IMMEDIATELY" in which you allege that Indiana's disbarment actions violate title II of the Americans with Disabilities Act (ADA). Title II of the ADA prohibits discrimination on the basis of disability in the services, programs, and activities of public entities (State and local governments). The Department of Justice is responsible for investigating alleged violations of title II by public entities for which it is the designated enforcement agency, including State or local courts. Staff of the Disablity Rights Section, Civil Rights Division, have carefully reviewed your complaint (DJ 204-26S-86) pursuant to title II's compliance standards and legal precedent. We have determined that we will not further investigate your allegations because, absent exceptional circumstances, this Department does not intervene in litigation in State or local courts and does not review decisions of such courts on the merits of cases pending before them. Accordingly, we are closing your complaint as of the date of this letter, and have notified Senators Coats and Lugar of this action.

While you can be assured that we appreciate the importance to you of the circumstances that caused you to write for assistance, we hope that you will understand why we cannot respond in the manner you requested. If you are dissatisfied with this determination, you may file a private lawsuit under title II in an appropriate United States district court. Title II generally provides for recovery of attorney fees and court costs to the prevailing party. Sincerely,

John L. Wodatch Chief Disability Rights Section cc: The Honorable Dan Coats The Honorable Richard G. Lugar

The Honorable Dan Coats United States Senator 1180 Market Tower 10 West Market Street Indianapolis, Indiana 46204-2964 Dear Senator Coats: We have reviewed the complaint that you forwarded on behalf of your constituent, Mr. James Powell, of Indianapolis, Indiana. Mr. Powell alleges discrimination on the basis of disability against the Supreme Court of Indiana concerning its actions

regarding his license to practice law. The response to your letter was delayed because of the shutdown of the Federal government. I apologize for any inconvenience to your constituent. We have reviewed Mr. Powell's complaint pursuant to our authority under Title II of the Americans with Disabilities Act (ADA). Enclosed is a copy of our response to Mr. Powell explaining our action regarding the matters he raised. I hope this information will assist you in responding to your constituent. Sincerely,

Deval L. Patrick Assistant Attorney General Civil Rights Division Enclosure cc: Records, Chrono, Wodatch, McDowney, Talian, FOIA n:\udd\talian\congress\coatpowe.dj2\sc. young-parran

The Honorable Richard G. Lugar United States Senator 1180 Market Tower 10 West Market Street Indianapolis, Indiana 46204-2964 Dear Senator Lugar:

We have reviewed the complaint that you forwarded on behalf of your constituent, Mr. James Powell, of Indianapolis, Indiana. Mr. Powell alleges discrimination on the basis of disability against the Supreme Court of Indiana concerning its actions regarding his license to practice law. The response to your letter was delayed because of the shutdown of the Federal government. I apologize for any inconvenience to your constituent. We have reviewed Mr. Powell's complaint pursuant to our authority under Title II of the Americans with Disabilities Act (ADA). Enclosed is a copy of our response to Mr. Powell explaining our action regarding the matters he raised. I hope this information will assist you in responding to your constituent. Sincerely,

Deval L. Patrick Assistant Attorney General Civil Rights Division Enclosure cc: Records, Chrono, Wodatch, McDowney, Talian, FOIA n:\udd\talian\congress\coatpowe.dj2\sc. young-parran