Settlement Agreement Between the United States of America and the Florida State Courts System This matter was initiated by a complaint filed under title II of the Americans with Disabilities Act (ADA), 42 U.S.C.  12131-12134, with the United States Department of Justice (hereinafter "the Department") against the Twentieth Judicial Circuit of Florida, which is part of the Florida State Courts System. The complaint was filed with the Civil Rights Division of the Department of Justice, under the authority of 28 C.F.R. Part 35, Subpart F. The complainant, who is hard of hearing and who is a defendant in an eminent domain proceeding, alleged that the Twentieth Judicial Circuit discriminated against her on the basis of her disability by failing to take the appropriate steps to ensure that the communication with her during the August 1993 proceedings was as effective as communication with others. She also alleged that the transcription equipment that the Twentieth Judicial Circuit provided was ineffective in providing her access to what was being said at her three-day trial because of confusing and distracting information being displayed on the screen. She further alleged that even though she had filed a grievance against the usage of such technology, the same technology was used at a later hearing in April 1994. The Department of Justice is authorized under 28 C.F.R. Part 35, Subpart F, to investigate the allegations of the complaint in this matter, to determine the compliance of the Twentieth Judicial Circuit 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 a civil action enforcing title II of the ADA should the Department fail to secure voluntary compliance pursuant to subpart F. The parties to this Agreement are the United States of America and the Chief Justice of the Supreme Court of Florida as chief administrative officer of the judicial branch (Art. V,  2, Fla. Const.) (hereinafter "Chief Justice"). 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 a civil suit in this matter. 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 secure compliance by voluntary means, the parties hereby agree as follows: 01-04814 1. The Chief Justice does not admit by the signing of this Agreement that the Florida State Courts System's current policies and practices are in violation in any respect with the ADA or its implementing regulation. 2. The ADA applies to the Florida State Courts System because it is a public entity as defined in 42 U.S.C.  12131 and the Department of Justice's regulation implementing title II, 28 C.F.R.  35.104. 3. The purpose of the Settlement Agreement is to ensure that persons who are deaf or hard of hearing have an equal opportunity to benefit from the programs and services of the Florida State Courts System. 4. The Florida State Courts System has established, and will continue to maintain, a written policy, which requires that all Florida courts ensure that real-time transcription services used in court proceedings be accurate in order to ensure effective participation by a party, witness, attorney, judicial employee, judge, or juror who is deaf or hard of hearing. The policy states that in order to ensure complete accuracy of real-time transcription, the Florida courts must comply with the minimum guidelines as set forth in the policy. 5. Beginning on the effective date of this Agreement, all appropriate state court officials responsible for conducting proceedings will be instructed to comply with the provisions of this Agreement. 6. The Florida Supreme Court, through its administrative arm, the Office of the State Courts Administrator, will: a. distribute notice of the Agreement and policy to all Florida judges and trial court administrators within 30 days of the effective date; and b. schedule and conduct training for chief judges and trial court administrators on the practical application of the ADA and this Agreement in jury trials and other court proceedings, at their next regularly scheduled meetings. 7. 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 a civil action seeking specific performance of the provisions of this Agreement in an appropriate Federal court. 8. 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 Page 2 01-04815 will not be construed as a waiver of the Department's right to enforce other deadlines and provisions of this Agreement. 9. 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 Office of the State Courts Administrator will provide a copy of this Agreement to any person upon request. 10. In the event that the Florida State Courts System 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. 11. The effective date of this Agreement is the date of the last signature below. 12. 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 is limited to the facts set forth in the first paragraph, and it does not purport to remedy any other potential violations of the ADA or any other Federal law. This Agreement does not affect the continuing responsibility of the Florida State Courts System, or the Twentieth Judicial Circuit, to comply with all aspects of the ADA. For the Florida State Courts System: For the United States of America: (Signature) (Signature) Robert Mather _________________________________ _____________________________ STEPHEN H. GRIMES, Chief Justice JOHN L. WODATCH, Chief as chief administrative officer and on L. IRENE BOWEN, Deputy Chief behalf of the Florida State Courts System ROBERT J. MATHER, Attorney Supreme Court of Florida Disability Rights Section 500 South Duval Street Civil Rights Division Tallahassee, Florida 32399-1925 U.S. Department of Justice P.O. Box 66738 Washington, D.C. 20035-6738 Date May 31, 1996 Date June 20, 1996 Attachment Page 3 01-04816 Settlement Agreement Between the United States of America and the Florida State Courts System This matter was initiated by a complaint filed under title II of the Americans with Disabilities Act (ADA), 42 U.S.C.  12131-12134, with the United States Department of Justice (hereinafter "the Department") against the Twentieth Judicial Circuit of Florida, which is part of the Florida State Courts System. The complaint was filed with the Civil Rights Division of the Department of Justice, under the authority of 28 C.F.R. Part 35, Subpart F. The complainant, who is hard of hearing and who is a defendant in an eminent domain proceeding, alleged that the Twentieth Judicial Circuit discriminated against her on the basis of her disability by failing to take the appropriate steps to ensure that the communication with her during the August 1993 proceedings was as effective as communication with others. She also alleged that the transcription equipment that the Twentieth Judicial Circuit provided was ineffective in providing her access to what was being said at her three-day trial because of confusing and distracting information being displayed on the screen. She further alleged that even though she had filed a grievance against the usage of such technology, the same technology was used at a later hearing in April 1994. The Department of Justice is authorized under 28 C.F.R. Part 35, Subpart F, to investigate the allegations of the complaint in this matter, to determine the compliance of the Twentieth Judicial Circuit 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 a civil action enforcing title II of the ADA should the Department fail to secure voluntary compliance pursuant to subpart F. The parties to this Agreement are the United States of America and the Chief Justice of the Supreme Court of Florida as chief administrative officer of the judicial branch (Art. V,  2, Fla. Const.) (hereinafter "Chief Justice"). 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 a civil suit in this matter. 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 secure compliance by voluntary means, the parties hereby agree as follows: 01-04817 1. The Chief Justice does not admit by the signing of this Agreement that the Florida State Courts System's current policies and practices are in violation in any respect with the ADA or its implementing regulation. 2. The ADA applies to the Florida State Courts System because it is a public entity as defined in 42 U.S.C. S 12131 and the Department of Justice's regulation implementing title II, 28 C.F.R.  35.104. 3. The purpose of the Settlement Agreement is to ensure that persons who are deaf or hard of hearing have an equal opportunity to benefit from the programs and services of the Florida State Courts System. 4. The Florida State Courts System has established, and will continue to maintain, a written policy, which requires that all Florida courts ensure that real-time transcription services used in court proceedings be accurate in order to ensure effective participation by a party, witness, attorney, judicial employee, judge, or juror who is deaf or hard of hearing. The policy states that in order to ensure complete accuracy of real-time transcription, the Florida courts must comply with the minimum guidelines as set forth in the policy. 5. Beginning on the effective date of this Agreement, all appropriate state court officials responsible for conducting proceedings will be instructed to comply with the provisions of this Agreement. 6. The Florida Supreme Court, through its administrative arm, the Office of the State Courts Administrator, will: a. distribute notice of the Agreement and policy to all Florida judges and trial court administrators within 30 days of the effective date; and b. schedule and conduct training for chief judges and trial court administrators on the practical application of the ADA and this Agreement in jury trials and other court proceedings, at their next regularly scheduled meetings. 7. 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 a civil action seeking specific performance of the provisions of this Agreement in an appropriate Federal court. 8. 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 Page 2 01-04818 will not be construed as a waiver of the Department's right to enforce other deadlines and provisions of this Agreement. 9. 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 Office of the State Courts Administrator will provide a copy of this Agreement to any person upon request. 10. In the event that the Florida State Courts System 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. 11. The effective date of this Agreement is the date of the last signature below. 12. 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 is limited to the facts set forth in the first paragraph, and it does not purport to remedy any other potential violations of the ADA or any other Federal law. This Agreement does not affect the continuing responsibility of the Florida State Courts System, or the Twentieth Judicial Circuit, to comply with all aspects of the ADA. For the Florida State Courts System: For the United States of America: (Signature) (Signature) Robert Mather _______________________________ ____________________________ STEPHEN H. GRIMES, Chief Justice JOHN L. WODATCH, Chief as chief administrative officer and on L. IRENE BOWEN, Deputy Chief behalf of the Florida State Courts System ROBERT J. MATHER, Attorney Supreme Court of Florida Disability Rights Section 500 South Duval Street Civil Rights Division Tallahassee, Florida 32399-1925 U.S. Department of Justice P.O. Box 66738 Washington, D.C. 20035-6738 Date May 31,1996 Date June 20, 1196 Attachment Page 3 01-04819 Florida State Courts System Policy on Court Real-Time Transcription Services for Persons Who Are Deaf or Hard of Hearing It is the policy of the Florida State Courts System that all judges and court staff will abide by the following guidelines in those court proceedings where real-time transcription services are utilized as a reasonable and necessary method of ensuring effective participation by a party, witness, attorney, judge, court employee, juror, or other participant who is deaf or hard of hearing and entitled to auxiliary aids or services pursuant to Title II of the Americans with Disabilities Act of 1990: 1. Real-time transcription services should be performed by a court reporter who is specially trained in this skill. 2. The device selected should display text in a manner that accomplishes full access to the service and should be a non-glare, display-type computer monitor; a large-screen image from a data projection panel and overhead projector; or other device that ensures effective communication. It is recommended that the monitor be 15 inches or larger. The size of the monitor should take into account the number of persons viewing it. The display of the text should be dark letters on a light background, double spaced, with mixed case as appropriate for the context of the proceedings. The display font or type size should be a minimum of 18 points. The real-time transcription service should display not less than four (4) and no more than 17 lines of text at any one time. The display view should be limited to text that relates to the real-time transcription service; no system information should be visible to the user. 3. Text displayed on the monitor should appear within three (3) seconds from the time of steno-type input. This time frame requirement includes time for any and all related spell checks including phonetic translation for untranslates. 4. At the commencement of the proceeding, the court should determine whether effective communication is occurring. The court should instruct the person receiving the service and other participants in the proceeding to alert the court should a translation or other problem occur that impedes the person receiving the service from effectively participating in that person's appropriate role in the proceeding. Furthermore, if the court reporter becomes aware that an unacceptable number of untranslates or other problem is occurring with the real-time transcription service, the court reporter should immediately alert the court. Should the real-time transcription service become ineffective, the court should determine the cause of the problem and implement any corrective action the court deems reasonable or necessary. 01-04820 5. The reporter, prior to the beginning of the proceeding, should review the case file and build a good client/job dictionary. This same job dictionary should be used at each subsequent proceeding in a particular case. The job dictionary should be updated during the course of the proceeding to include untranslates that may be corrected by any of the parties during the proceedings. Such updates should be operable throughout the remainder of the proceeding's real-time transcription service and carried over to any future proceedings. 6. The real-time transcription service and corrections that were displayed on the screen or monitor during the proceeding must be preserved in a manner to reflect what was actually displayed. Any corrections that were not viewed but that later become a part of the official court record must be maintained separately from the record of displayed text. At the conclusion of any proceeding (other than juror deliberations) in which real-time transcription service has been provided to ensure effective communication for a person who is deaf or hard of hearing, the reporter shall preserve the record of the real-time transcription service in accordance with rule 2.075(e), Florida Rules of Judicial Administration, unless otherwise directed by the court. 7. If real-time transcription services are required for a juror who is deaf or hard of hearing, a court reporter shall be present in the jury room during jury deliberations. The role of the reporter, when in the jury room, is not as a reporter of the official record; therefore the real-time transcription service of jury deliberations must be deleted immediately upon the conclusion of jury deliberation. The reporter shall not counsel, advise, attempt to explain terms, or interject personal opinion. Furthermore, the reporter shall not read back the real-time transcription service from the proceeding or jury deliberations without express judicial approval or authorization. Page 2 01-04821