HOW MUCH CAN JUDGES DICTATE WHAT HAPPENS WITH THE ADA?

I first requested ADA accommodations at the CT superior court a few years ago.  Since that time, the ADA Coordinator has steadily refused to grant my requests for accommodation and has denied that I am even eligible for accommodations.  

This is particularly frustrating since my case goes marching on month after month and still I am not receiving any accommodations at all even though I have repeatedly asked for them.  It is amazing how long it takes to go through this process because of the delays and evasions and avoidance of the ADA Coordinator.  

For example, I sent in my first request for accommodations and only got a response to that request four months later!  It was a denial of my request.  Then I sent in a request for an explanation, and that took another couple of months to answer.  So, time keeps on going by, and before you know it, two years have passed, or even more.  At least, that is what happened to me, and I am sure the same happens to other people. 

Of course, I eventually filed a grievance because the ADA Coordinator denied me accommodations, and again, I ended up being denied, even though I have a well documented disability.  The attorney who responded to my grievance basically told me that the judge had turned down my request for accommodations and he said that the judge has complete authority to make such a determination. 

In his words, he stated, "If a request for an accommodation was approved by an ADA coordinator, the accommodation would be implemented.  If it is a request for a simple routine matter, such as providing a sign language interpreter, the decision would be made by the ADA Coordinator.  If, however, the request is not routine, or if the accommodation given would impact the proceedings before the judge, that decision would always involve input from the judge.  Ultimately, a judge has the legal authority to control the proceedings before the court." 

The kind of accommodations I was asking for consisted of requesting breaks if I became overwhelmed, and having an advocate with me to repeat statements made by the judge or the opposing attorney if I didn't hear them well.  I also requested freedom from discrimination based upon my disability.  All of that, according to the ADA Coordinator, was entirely at the disgression of the judge to grant or deny. 

But is this really true?  Can a judge simply flout federal law--and the ADA is federal law, just because he wants to? 

My best assessment is that a judge does not have this broad, sweeping authority to do as he or she pleases when it comes to granting accommodations according to the ADA.  This is what a few of the ADA Guides I found online stated regarding this particular point: 

Denial of accommodation:  An application (for reasonable accommodation) may be denied if the court finds that:  A) the requested accommodation(s) would create an undue financial or administrative burden on the court; or B) the requested accommodation(s) would fundamentally alter the nature of the service, program, or activity. 

So it is not true that a judges can do whatever they want and that they have unlimited authority to do as they please in regard to the ADA.  To repeat, to deny reasonable accommodations, Judges would have to show the undue burden of the accommodations or that they entailed a fundamental alteration of the trial court proceedings as a consequence of them. 

So, now I know! 

But in 2011 when I received the incorrect information from the Attorney on the grievance committee, I wasn't aware of that and I didn't know enough to follow up with a protest.  So another year went by and I still didn't receive the accommodations I was entitled to. 

And this is the struggle here in Connecticut as litigants such as myself work towards the goal of obtaining some measure of justice.  People will lie to us--ADA Coordinators will lie to us, judges will lie to us, court clerks will lie to us, attorneys will lie to us.  Still, we have to sort out the information we receive, figure out what is the truth, and remain undeterred in the face of such obstacles. 

It doesn't seem in the least bit right, but that is the reality of the judicial system here in CT and the sooner we face that fact the sooner and the better we will achieve our goals.  If we ever do, of course.  It's all a crap shoot.  But that's what we are trying for.

EXTRA NOTE:
I thought I would add this extra comment from a reader which points out judicial liability for decisions like this in regard to the ADA.  Her comments are as follows:  "I think that explanation puts the judge at serious risk: determining access is an executive function, not a discretionary one. A judge cannot perform an executive function when charged with discretionary issues. He or she looses personal immunity. This is the one place where a judge is not immune."  So I think it is worth taking note of the possibility that a judge can be sued if he denies a litigant ADA accommodations that the litigant is entitled to.  This is a point that is worth pursuing.