DEPARTMENT OF JUSTICE

FOR IMMEDIATE RELEASE CR TUESDAY, OCTOBER 6, 1993 (202) 616-2765 TDD (202) 514-1888 JUSTICE DEPARTMENT SETTLES WITH UTAH COURT TO ENSURE DEAF INDIVIDUALS MAY SERVE AS JURORS WASHINGTON, D.C. -- A Utah court has agreed to no longer exclude deaf individuals from jury service, under a settlement agreement announced today by the Department of Justice. Today's agreement resolves a complaint filed with the Justice Department alleging that the Salt Lake City district court required individuals who are deaf to provide their own interpreters in order to serve on jury duty. The agreement with the Utah Administrative Office of the Courts is the first settlement agreement with a State court agency under title II of the Americans with Disabilities Act (ADA). Title II of the ADA prohibits discrimination against qualified individuals with disabilities on the basis of disability by State and local governments. "Through their cooperation with the Department in resolving this complaint, the Utah Administrative Office of the Courts

avoided costly litigation," said Acting Assistant Attorney General for the Civil Rights Division, James P. Turner. "It is (MORE)

01-02614​ -2in the spirit of the ADA for local agencies to use scarce resources to comply with the law rather than to combat it." The agreement, which affects all courts throughout Utah, incorporates the requirements of title II which obligate courts to provide appropriate auxiliary aids and services, including qualified interpreters, whenever necessary to give an individual with a disability an equal opportunity to participate in the court's programs. The settlement agreement requires the Utah court agency to: o Establish a written policy on the provision of interpreters for jurors who are deaf or hard of hearing. Secure, at the court's expense, the services of a qualified interpreter whenever necessary to ensure effective communication. Publicize the policy through public notices in local newspapers. Inform and instruct all appropriate district court officials responsible for conducting proceedings to comply with the policy.

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Conduct at least four regional training seminars an how the Americans with Disabilities Act applies to jury trials and other court proceedings. The agreement also permits the Justice Department to

petition the U.S. District Court to seek specific performance of the agreement's terms if the court fails to comply. ###

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SETTLEMENT AGREEMENT BETWEEN THE UNITED STATES OF AMERICA AND

THE UTAH STATE ADMINISTRATIVE OFFICE Or THE COURTS Department of Justice Complaint Number XX

This matter was initiated by a complaint filed under title 11 of the Americans with Disabilities Act (ADA), 42 U.S.C. 12131 -12134, with the United States Department of Justice (Department of Justice) against The Third Judicial District Court, Salt Lake County, Utah. The complaint was investigated by the coordination and Review Section of the Civil Rights Division of the Department of Justice, under the authority of 28 C.F.R. pt. 35, subpt F. The complaint alleges that The Third Judicial District court disqualified or otherwise excused individuals who are deaf or hard of hearing from jury duty unless they provide their own interpreting services. The Department of Justice is authorized under 28 C.F.R. pt. 35, subpt. F, to investigate fully the allegations of the complaint in this matter to determine the compliance of The Third Judicial District Court with title II of the ADA and the Department's implementing regulation, issue findings, and, where appropriate, negotiate and secure voluntary compliance agreements. Furthermore, the Attorney General is authorized under 42 U.S.C. 12133, to bring civil action enforcing title II

of the ADA should the Department fail to secure voluntary compliance pursuant to subpart F. In consideration of the terms of this Agreement as set forth below, the Attorney General agrees to refrain from undertaking further investigation or from filing civil suit in this matter. The parties to this Agreement are the United States of America and the Utah State Administrative Office of the Courts, a public entity as defined by title II of the ADA. Pursuant to the provision of the ADA entitled "Alternative Means of Dispute Resolution," 42 U.S.C. 12212, the parties have entered into this Agreement. In order to avoid the burdens and expenses of possible litigation, the parties hereby agree as follows:

01-02616​ -21. Title II of the ADA and its implementing regulation prohibit discrimination against qualified individuals with disabilities on the basis of disability in the services, programs, or activities of the district courts, such as Jury service. 2. The district court must, upon notice, provide appropriate auxiliary aids and services when necessary to afford an individual with a disability an equal opportunity to participate in, and enjoy the benefits of, the district court's services, programs, or activities. Auxiliary aids and services include qualified interpreters. 3. An individual who is deaf or hard of hearing may not be excluded from jury service or otherwise treated differently because of the disability or because of the requirement for interpreting services. 4. The subject of this Settlement Agreement is the development of a policy to ensure that no otherwise qualified

individual who is deaf or hard of hearing will be excluded from jury service because of the disability or because of the requirement for interpreting services. 5. The Utah State Administrative office of the Courts has developed a written policy (attached), which requires that district courts provide qualified interpreters in those proceedings involving a prospective juror who is deaf or hard of hearing when necessary to ensure an equal opportunity to serve as a juror. 6. Beginning on the effective date of this Agreement, the Utah State Administrative office of the courts will inform and instruct all appropriate district court officials responsible for conducting proceedings to adhere to and comply with the provisions of this Agreement. 7. The Administrative Office of the Courts will, no later than January 31, 1994, conduct at least four regional training seminars addressing the practical application of the ADA and this Agreement in jury trials and other court proceedings. 6. Within thirty (30) days of the effective date of this Agreement, the Utah State Administrative Office of the Courts will publish the following notice or an equivalent on two separate occasions in a newspaper of general circulation serving Salt Lake County:

01-02617​ -3In accordance with the requirements of title II of the Americans with Disabilities Act, district courts of the State of Utah will not discriminate against qualified individuals with disabilities on the basis of disability in jury service. In order to ensure that a prospective juror who is deaf or hard or hearing is not denied an equal opportunity to serve as a juror because of the requirement for interpreting services, the district court will, upon notice, ensure such an equal opportunity by providing, at the court's expense, the services of qualified interpreters.

9. The Department of Justice may review compliance with this Agreement at any time. If it determines that this Agreement or any requirement thereof has been violated, it may institute civil action seeking specific performance of the provisions of this Agreement in an appropriate Federal court. 10. Failure by the Department of Justice to enforce this entire Agreement or any provision thereof with respect to any deadline or any other provision herein will not be construed as a waiver of the Department's right to enforce other deadlines and provisions of this Agreement. 11. This Agreement is a public document. A copy of this document or any information contained in it may be made available to any person. The Utah State Administrative Office of the Courts will provide a copy of this Agreement to any person upon request. 12. In the event that the Utah State Administrative Office of the Courts or the district court fails to comply in a timely manner with any requirement of this Agreement without obtaining sufficient advance written agreement with the Department as a temporary modification of the relevant terms of this Agreement, all terms of this Agreement will become enforceable in an appropriate Federal court. 13. The effective date of this Agreement is the date of the last signature below. 14. This Agreement constitutes the entire agreement between the parties on the matters raised herein, and no other statement, promise, or agreement, either written or oral, made by either party or agents of either party, that is not contained in this written agreement, will be enforceable. This Agreement does not purport to remedy any other potential violations of the ADA or 01-02618​ 4 any other Federal law. This Agreement does not affect the Utah State Administrative Office of the Courts' or the district courts' continuing responsibility to comply with all aspects of the ADA.

For the Utah State For the United States: Administrative Office of the Courts: Ronald W. Gibson State Court Administrator Colin R. Winchester General Counsel Stewart B. Oneglia Chief Robert J. Mather Attorney

Administrative Office Coordination & Review Section of the Courts Civil Rights Division 230 South 500 East U.S. Department of Justice Suite 300 P.O. Box 66118 Salt Lake City, Utah 84102 Washington, D.C. 20035-6118 Date October 5, 1993 Date October 6, 1993

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THE UTAH STATE ADMINISTRATIVE OFFICE OF THE COURTS POLICY ON JURY DUTY AND THE PROVISION OF INTERPRETING SERVICES IT SHALL BE THE POLICY OF THE UTAH STATE ADMINISTRATIVE OFFICE OF THE COURTS THAT WHEN THE DISTRICT COURT HAS NOTICE THAT INTERPRETING SERVICES ARE REQUIRED TO ENSURE THAT A PROSPECTIVE JUROR WHO IS DEAF OR HARD OF HEARING HAS AN EQUAL OPPORTUNITY TO PARTICIPATE AS A JUROR, THE COURT WILL PROVIDE, AT THE COURT'S EXPENSE, THE SERVICES OF A QUALIFIED INTERPRETER(S). BY ORDER OF THE UTAH STATE ADMINISTRATIVE OFFICE OF THE COURT THIS 5th DAY OF OCTOBER 1993.

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