SETTLEMENT AGREEMENT BETWEEN THE UNITED STATES OF AMERICA AND THE JUDICIARY OF THE SIXTH JUDICIAL CIRCUIT OF FLORIDA DEPARTMENT OF JUSTICE COMPLAINT NUMBER XX 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, Civil Rights Division, Coordination and Review Section (the Department), against the Judiciary of the Sixth Judicial Circuit of Florida (Court). The complaint alleges that in a criminal proceeding involving a defendant who is deaf, the Court did not secure the services of qualified interpreter(s). Pursuant to the provision of the ADA entitled "Alternative Means of Dispute Resolution," 42 U.S.C. 12212, the parties have entered into this Settlement Agreement. The Department is authorized under 28 C.F.R. Part 35, Subpart F, to investigate fully the allegations of the complaint in this matter to determine the compliance of the 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 a 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 Court. In order to avoid the burdens and expenses of possible litigation, the parties hereby agree as follows: 1. The ADA applies to the Court because it is a public entity as defined in 42 U.S.C. 12131. 2. Title II of the ADA prohibits discrimination against qualified individuals with disabilities on the basis of disability in the services, programs, or activities of the Court, including all judicial proceedings. 3. Any participant, meaning any party, witness, juror, or spectator, who is deaf or hard of hearing, may not be denied an equal opportunity to participate in any proceeding before the 01-04766 Court because of the disability or because of the requirement for interpreters. 4. When provision of interpreting services is required to ensure effective participation by an individual who is deaf or hard of hearing, the Court will, upon reasonable notice, secure the services of qualified interpreter(s). 5. The Court has developed a written policy, which is attached, to provide that in those proceedings where an interpreter is required to ensure effective participation by any individual who is deaf or hard of hearing, the Court will, upon reasonable notice, secure the services of a qualified interpreter(s). 6. The Court agrees to inform and instruct all its employees who are in any way responsible for the conduct of any proceedings to adhere to and comply with the policy. 7. Copies of the policy will be provided to members of the public upon request. 8. Within thirty (30) days of the effective date of this Agreement, the Court will publish the following notice or an equivalent on two separate occasions in a newspaper of general circulation in Pinellas and Pasco Counties: In accordance with the requirements of title II of the Americans with Disabilities Act, the Judiciary of the Sixth Judicial circuit of Florida will not discriminate against qualified individuals with disabilities on the basis of disability in its services, programs, or activities. In those proceedings where provision of interpreting services is required to ensure effective participation by any party, witness, juror, or spectator who is deaf or hard of hearing, the Judiciary will, upon reasonable notice, secure the services of qualified interpreter(s). 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 by the Court or the Department on request. 10. 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. 11. The Department of Justice's failure 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 of Justice's right to enforce other deadlines and provisions of this Agreement. 01-04767 12. In the event that the Court fails to comply in a timely manner with any requirement of this Agreement without obtaining sufficient advance written agreement with the Department of Justice 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 Americans with Disabilities Act or any other Federal law. This Agreement does not affect the Court's continuing responsibility to comply with all aspects of the Americans with Disabilities Act. For the Court: For the United States: (Signature) (Signature) _________________________ _________________________ J. William Lockhart Stewart B. Oneglia Courts Administrator Chief Thomas J. Walsh Robert J. Mather Court Counsel Attorney The Sixth Judicial Circuit Coordination & Review Section of Florida Civil Rights Division 150 5th Street North U.S. Department of Justice St. Petersburg, Florida P.O. Box 66118 33701 Washington, D.C. 20035-6118 Date 29 October 1993 Date November 1, 1993 01-04768 POLICY ON INTERPRETING SERVICES IN JUDICIAL PROCEEDINGS INVOLVING INDIVIDUALS WHO ARE DEAF OR HARD OF HEARING It is the policy of the Judiciary of the Sixth Judicial Circuit that in those proceedings where an interpreter is required to ensure effective participation by any party, witness, juror, or spectator who is deaf or hard of hearing, the Court will, upon reasonable notice, secure the services of a qualified interpreter(s). The term "qualified interpreter" means an interpreter who is able to interpret effectively, accurately, and impartially both receptively and expressively, using any necessary specialized vocabulary. Before determining the type of interpreting services to be secured, the Court or its designated representative will confer with an individual with a disability regarding his or her mode of communication (i.e., American Sign Language, Signed English, or oral interpreting). The Court or its designee will then determine the type of the services and the date, time, and place where such services will be required. The Court will then secure an interpreter(s) who is/are capable of providing these services and negotiate payment terms from appropriate budgeted funds. Upon the date, place, and time noted, and prior to continuing with any proceeding, the Court or other designated official will inquire of the individual, through the interpreter, whether the individual is confident that the interpreter's skills will ensure an adequate and accurate interpretation of the communication of the proceeding, and whether or not the individual feels the interpreter is impartial. If either of those questions are answered in the negative, further efforts will be made by the Court or its designee to acquire a qualified interpreter. If those two questions are answered in the affirmative, the Court will ask the interpreter whether he or she will be able to interpret the proceedings. The proceedings will continue unless the interpreter is unable to satisfy the criteria for a qualified interpreter, at which time a qualified interpreter will be obtained. The Court may not require an individual to bring his or her own family members or friends to interpret. In the event the individual brings his or her own interpreter to any proceeding, the Court or its designee will ask the individual and the interpreter whether the individual is confident that the interpreter's skills will ensure an adequate and accurate interpretation of the communication of the proceeding, and whether or not the individual feels the interpreter is impartial. If the Court and the individual are satisfied that the interpreter is qualified, the Court will cover the cost of interpreting services and the proceedings will continue. Otherwise, the Court or its designee will obtain a qualified interpreter. 01-04769 The Court, by and through the Chief Judge, will cause these procedures to be distributed to all judges and staff of the judiciary. Upon request, the coordinator for the Americans with Disabilities Act will be available to answer all inquiries and will obtain sufficient training materials on the requirements for effective communication. The Court, by and through the Chief Judge, will notify individuals who are deaf or hard of hearing about the provision of auxiliary aids and services to ensure effective participation. The Court will distribute this information through pamphlets, posters or other appropriate means. Notice of the Court's commitment to comply with the provisions of the Americans with Disabilities Act is to be provided to all parties, witnesses, jurors, and spectators in judicial proceedings. As of the date of this document, the final language and placement of this notice has yet to be determined, but this notice is to be provided as soon as practicable.1 The notice will name a centralized office for county government2, which may be contacted via traditional telephone and telecommunications device for the deaf (TDD).3 _____________________________________ 1. Notice will include both signs and written notification on subpoenas, juror summons, pretrial notices, etc. Currently, upon the awareness of any need, each individual who is deaf or hard of hearing is provided a neutral interpreter through the Deaf Services Center, Inc., a not-for-profit agency, at county expense. 2. Ms. Michelle Leshko, the court's Personnel Manager, has been designated as the Court's ADA Coordinator. She may be contacted at area code (813) 464-4646. In Pasco County, Ms. Kerry Rice, Deputy Court Administrator, has been designated as the Pasco ADA Coordinator. She may be reached at area code (813) 847-8135. Any individual contacting the centralized offices will be forwarded to the ADA coordinator and will be accommodated. 3. TDD communication may occur via the Florida Relay Service. 01-04770 Department of Justice FOR IMMEDIATE RELEASE CR MONDAY, NOVEMBER 1, 1993 (202) 616-2765 FLORIDA COURT AGREES TO PROVIDE INTERPRETERS UNDER JUSTICE DEPARTMENT SETTLEMENT WASHINGTON, D.C. -- A Florida judicial circuit will provide qualified interpreters in trial courts for persons who are deaf or hard of hearing under a settlement reached today with the Department of Justice. The agreement resolves a complaint filed with the Department alleging that the Pinellas County Court in Clearwater, Florida failed to obtain a qualified interpreter for a defendant who is deaf. Today's agreement, with the Sixth Judicial Circuit, is the first settlement in Florida pertaining to the provision of qualified interpreters in trial court proceedings under title II of the Americans with Disabilities Act. 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 Sixth Judicial Circuit avoided costly litigation," said Acting Assistant Attorney General for the Civil (MORE) 01-04771 -2- Rights Division, James P. Turner. "It is in the spirit of the ADA for governments to use their scarce resources to comply with the law rather than to combat it." The agreement, which affects all courts in the Sixth Judicial Circuit, 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 Florida court to: * Establish a written policy on the provision of interpreters for participants, including parties, witnesses, jurors, and spectators, who are deaf or hard of hearing. * Secure, at the court's expense, the services of a qualified interpreter whenever necessary to ensure effective participation. * Publicize the policy through public notices in local newspapers. * Inform and instruct all appropriate circuit court officials responsible for conducting proceedings to comply with the policy. The agreement also permits the Department to petition the U.S. District Court to seek specific performance of the agreement's terms if the court fails to comply. ### 93-335 01-04772