 Court Access for Persons with DisabilitiesThe Judiciary is committed to providing equal access to all its services and programs in a manner that integrates individuals with disabilities as much as possible. Each courthouse has a coordinator responsible for implementing the Americans With Disabilities Act (ADA). Individuals with special needs are encouraged to contact their local court ADA Coordinator.
Judiciary ADA Policy StatementIt is the policy of the Judiciary not to permit discrimination against any individual on the basis of race, ethnicity, color, religion, creed, sex, marital status, sexual orientation, age, national origin, physical or mental disability, or any other basis prohibited by law. In accordance with the Americans with Disabilities Act, the New Jersey Law Against discrimination, and related laws, the Judiciary will promote the ADA as an integral part of the culture and environment of the Judiciary and will provide reasonable accommodation to qualified individuals with disabilities. The judiciary will not permit the provision of such accommodation to be a factor in an employment action, unless the accommodation requested poses an undue hardship or direct threat to health and safety (i.e., a significant risk of substantial harm). The Judiciary, unless constrained by an undue hardship or other considerations permitted by law, will identify and provide reasonable accommodations for employees to perform their jobs effectively. However, an employee must be capable of performing the essential functions of the job, with or without reasonable accommodation. To assure individual rights of privacy, it is the responsibility of the employee to request an accommodation from a supervisor or human resources staff person. A written complaint procedure for employees who believe that they have experienced discrimination has been established and is available from the human resources office. Regardless of the outcome of the matter, the Judiciary will not retaliate against any individual for filing a complaint. If it is determined that discrimination took place, appropriate action will be taken to remedy the discrimination. The Judiciary will notify the complainant of the proposed action, while taking into account others' rights to privacy. The Judiciary will not take any adverse action against an employee who develops a disability, so long as that individual remains qualified and able to perform the essential duties of the job with or without reasonable accommodations. The Judiciary will provide all individuals with equal access to all Judiciary services and programs in a manner that integrates individuals with disabilities to the extent possible into the mainstream of the court activities. The Judiciary will make reasonable accommodations for those with disabilities to participate in court processes and programs. The Judiciary will foster compliance with the law and requirements for any renovation, construction, or acquisition of facilities used by the courts. Consistent with the law, the Judiciary will endeavor to ensure compliance with the ADA by vendors and providers of goods and services to the courts. Accommodation RequestsThe New Jersey Judiciary will provide meaningful access to all of its services, programs, and activities for qualified individuals with disabilities. Individuals requiring accommodation to access judicial services or programs should contact the appropriate ADA Coordinator, as listed in this notice, at least two weeks prior to any scheduled judicial proceeding, hearing, or activity. For emergent judicial matters the ADA Coordinator should be contacted immediately. Effective Communication in Court Programs and ServicesThe New Jersey Courts will take appropriate steps to ensure that communications with litigants, participants, and members of the public with disabilities are effective. The courts will furnish appropriate auxiliary aids and services where necessary to afford an individual with a disability an equal opportunity to participate in or benefit from services, programs, or activities conducted by the courts of the State. When auxiliary aid or service is required to ensure effective communication, the court will provide an opportunity for an individual with a disability to request the auxiliary aid or service of his or her choice and will give primary consideration to the choice expressed by the individual. "Auxiliary aids and services" includes braille, readers, qualified interpreters, note takers, transcription services, written materials, assistive listening devices and systems, or other effective methods of making written or orally delivered materials available to individuals with sight or hearing impairments. Primary consideration means that the court will honor the choice, unless it can show that another equally effective means of communication is available, or that use of the means chosen would result in a fundamental alteration in the nature of its service, program, or activity or in undue financial or administrative burden. When the preferred type of auxiliary aid or service is not available or will not be provided, a court official will consult with the individual with the disability and will ascertain whether an alternative means of communication will ensure effective communication. Advance notice to the court of the request for auxiliary aids or services is strongly encouraged. The ADA Coordinator should be notified at least two weeks in advance for court sessions and hearings. For ongoing services and programs, the ADA contact person should be notified at least 48 hours in advance. For emergencies or urgent requests, the responsible ADA Coordinator should be notified immediately. The best effort to fulfill the request will be made. The ADA Coordinator will, as soon as possible, notify the requesting individual of the proposed auxiliary aid or service to be provided. This will be done in writing unless the short lead time of a request precludes written notice. If the requesting individual is dissatisfied with the proposed auxiliary aid or service, the individual may file a complaint with the ADA Coordinator using the procedure described in this notice. Procedure for Handling a Complaint About Access to Judicial Programs, Services, Activities
Any user of the court system who wishes to file a complaint regarding an ADA accomodation or the court's failure to provide such accomodation should use the ADA Complaint form to pursue his or her claim through these procedures. The procedures provide both a formal and informal method of resolving claims, and they do not in any way limit other legal remedies that may be available. The grievance procedures apply to those individuals with a disability who, with or without reasonable modifications to rules, policies or practices, the removal of barriers, or the provision of auxiliary aids or services, meet the essential eligibility requirements for services, programs, or activities. There is a separate procedure for claims of discrimination by employees and applicants for employment. Information about that procedure may be obtained from the Equal Employment Opportunity Officer, at the vicinage or from the EEO Office at the Administrative Office of the Courts, Richard J. Hughes Justice Complex, Third Floor, P.O Box 037, Trenton, New Jersey 08625. (609/292-3586). Informal Grievance ProcedureBefore using the formal procedure described later, you may wish to consider informal alternatives. The informal process has been put into place to encourage prompt discussion and speedy resolution of complaints. Individuals choosing to bring a claim to the attention of the court system in an informal manner should be referred to the ADA Coordinator of the court which services, programs, or activities gave rise to the claim. The ADA Coordinator, in cooperation with the Trial Court Administrator/Court Clerk, will attempt to address the claim informally and expeditiously. You should be as specific as possible in describing your claim. Indicate the date, place and nature of the occurrence. Include the names, if known, of any Judiciary employees involved, as well as the names of any persons witnessing the event. In many cases, informal approaches are the best way to get results. However, you do not have to use them. You have the right to file a formal claim, as described below, with the Appropriate Judge, or other designated judge, or official responsible for the court program, service or activity against whom your claim or complaint is asserted. Formal Grievance ProcedureIf you believe you have been treated in a discriminator manner as a result of disability, you may file a formal claim or complaint with the Assignment Judge or other designated appointing authority. Claims or complaints must be filed in writing with the Assignment Judge within sixty (60) days from the alleged discrimination. The claims will be addressed through the ADA Coordinator, who will investigate the claim or forward the claim to the individual appointed to investigate ADA claims. The findings will be presented to the Assignment Judge or other designated appointing authority. A. Filing A Claim You can file a claim or complaint by completing the form in this notice, and mailing it to the ADA Coordinator in the county which is involved in your claim. The ADA Coordinator or other individual assigned to investigate your claim will present findings to the Assignment Judge other designated judge, or official for determination. In order to provide the judge or official with sufficient information, you are asked on the form to describe the event as specifically as possible. You should include the names of anyone who can assist in the investigation. Include a copy of any papers that you have that relate to your claim or that may be of help in understanding your complaint. Be sure to send copies of the documents, and keep originals for your files. Within two weeks of receiving the claim the ADA Coordinator will send a letter to the grievant acknowledging receipt of the grievance. The letter should also provide the name and telephone number of the staff member responsible for investigating the claim and inform the grievant if further information is required or if there is a reason why the investigation cannot proceed. B. Investigation Your claim will be investigated promptly, unless you are notified otherwise. In some cases, the investigation will include interviews with other individuals, including those you name in your claim, and an examination of relevant document and files. C. Confidentiality The Judiciary is committed to preserving confidentiality. Your claim or complaint will be discussed only to the extent necessary for a complete investigation. Anyone contacted about your claim will be asked not to disclose the fact or content of your claim unless disclosure is necessary. D. Findings and Determination Within 45 days of the receipt of the claim by the ADA Coordinator a determination should be issued by the Assignment Judge or other appointing authority. The determination will state whether it is reasonable to conclude that there was discriminatory treatment based upon the evidence presented. Copies of the determination will be sent to the grievant and to anyone against whom allegations have been made. The determination will include, if appropriate, a remedy. For example, if it is determined that the grievant was treated in a discriminatory manner, possible remedies may include a change in policy or local practices, or appropriate disciplinary action. If you disagree with the determination, an appeal may be filed within 30 days of receipt of the determination by submitting a letter for reconsideration to the Assignment Judge. This appeal letter should provide reasons why you disagree with the determination and the remedy you believe is appropriate. The Assignment Judge or other appointing authority should make a final determination within 30 days of the date the appeal was received, based upon a complete review of the evidence. Copies of the determination will be sent to the grievant and to anyone against whom the allegations were made. The determination may confirm the earlier determination, modify the remedy, or reverse the determination. E. Implementation The Assignment Judge or other appointing authority has the responsibility for implementing the final determination. If you have any questions about implementation, you can check with the Court Access Services Unit, Administrative Office of the Courts, Richard J. Hughes Justice Complex, P. O Box 985, Trenton, New Jersey 08625 (telephone 609/633-3902). F. Time Limits All of the offices involved in the resolution of your claim will try to comply with the stated time limits. However, compliance is not always possible due to, for example, the absence of important witnesses or the need to complete an unusually complex investigation. Whenever possible, you will be notified about delays. Federal and State Human Rights AgenciesAn individual may file a claim of discriminatory treatment based upon disability in the services, programs or activities of the New Jersey Judicial System with an outside agency, even while an internal claim is pending. This should not affect any efforts to resolve the claim internally. You should be aware that the time limits for filing claims with outside agencies may be different than the time limits for filing a claim with the New Jersey Judiciary. Be sure to check with the outside agency for its filing deadlines. Endnotes
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