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LGR 33

‚Äč(b) Process for Requesting Accommodation.

(1) Requests. Requests for accommodation under GR 33 should be provided in writing and submitted to the ADA Coordinator at The ADA Coordinator is either the Court Administrator or his or her designee.

(3) Local Procedures Allowed.
      (A) Consideration. The ADA Coordinator will consider the written materials, consult with the person making the request as needed, and will consult with:
          (i) the Presiding Judge, before appointing counsel as an accommodation;
          (ii) the appropriate judge if the requested accommodation would impact proceedings in the case. The appropriate judge is the assigned judge, the presiding judicial officer, or the Presiding Judge if the assigned or presiding judicial officer cannot be timely consulted; and
          (iii) Superior Court staff as appropriate.

(B) Materials.
      (i) Distribution. The distribution of accommodation documents and information should include those who were consulted or reviewed the response. All responses that impact proceedings in an active court case will be filed and sent to all counsel and parties of record, as well as the assigned judicial officer. If the ADA Coordinator believes that distribution needs to be broader than provided in this rule, the Court Administrator and the Presiding Judge will determine how to distribute the documents.
     (ii) Privacy. The ADA Coordinator will not place any medical records or private information in the public court file.
     (iii) Keeping Records. The ADA Coordinator will maintain an ADA log of requests and responses. Additionally, the ADA Coordinator will keep copies of all requests, supporting materials, and responses that are not filed in a court file in a location designated by the ADA Coordinator.   

(d) Decision.

     (1) ADA requests that ask for relief that is typically in the form of a motion shall be decided by the assigned judge, with appropriate notice and court hearings as required by law. Examples of requests that are motions include requests to stay or stop proceedings, continue hearings, and adjust deadlines for motions or responses.
      (2) All other decisions will be made promptly in writing by the ADA Coordinator.

(f) Grievances. If a requested accommodation is denied, the person requesting the accommodation may submit an internal grievance to the Court Administrator. If the Court Administrator made the decision on the ADA request or is unavailable, then the grievance shall be directed to the Presiding Judge or his or her designee.

(g) Complaints. A person who is denied a requested accommodation has a right to file an ADA complaint with the United States Department of Justice Civil Rights Division.

[Adopted effective September 1, 2018.]