Courts provide reasonable accommodation for persons with disabilities who require assistance to participate fully in a court proceeding or activity. Accommodation requests can be granted to any person with a disability for whom such accommodation is necessary under the Americans with Disabilities Act, the Washington Law Against Discrimination, or other local, state, or federal laws.
The court will make its decision in each case individually after considering the nature of the person’s disability and the ability of the court to provide the requested accommodation. The court will give primary consideration to the type of accommodation the person requests.
Timing: Requests should be made at least 5 days before the hearing or jury duty date.
Simple accommodations, such as an assisted listening device, will be provided without requiring the Request for Accommodation form.
Procedure for Requesting Accommodation
Complete the Request for Accommodation form. If you cannot fill out the form or have questions, talk to the court contact listed above.
If the request is for a specific case, file the Request for Accommodation form with the Superior Court Clerk’s Office under a sealed coversheet. Submit a copy to Court Administration via SCRequests@co.benton.wa.us or drop off a hard copy at the Superior Court Administration window.
If the request is not for a specific case file, send the Request for Accommodation form and any documents you want the court to consider to SCRequests@co.benton.wa.us or drop off a hard copy at the Court Administration window.
The Court may contact you for more information.
If you provide medical and other health information, it must be filed under seal so that only you and the court can read it. Attach it to the form called the: Sealed Medical and Health Information Cover Sheet. No one else can have access to your information unless they get a court order that allows access.
Decision
The court will inform you of its decision to grant or deny the request for accommodation. Your request will be granted unless the court finds:
You have failed to satisfy the substantive requirements of GR 33; or
The court is unable to provide the requested accommodation on the date of the proceeding and the proceeding cannot be continued without significant prejudice to a party; or
Permitting you to participate in the proceeding with the requested accommodation would create a direct threat to the health or safety or wellbeing of you or others; or
The requested accommodation would create an undue financial or administrative burden for the court; or would fundamentally alter the nature of the court service, program, or activity.
An accommodation may be denied based on a fundamental alteration or undue burden only after considering all resources available for the funding and operation of the service, program, or activity, and must be accompanied by a written statement of the reasons for reaching that conclusion.
If a fundamental alteration or undue burden would result from fulfilling the request, the Court must still ensure that, to the maximum extent possible, you receive the benefits or services provided by the court.
Denial
If your requested accommodation is denied, the court must specify the reasons for the denial (including the reasons the proceeding cannot be continued without prejudice to a party). The court must also ensure that you are informed of your right to file an ADA complaint with the United States Department of Justice Civil Rights Division.
Sealing Decision
The court will determine whether or not to seal the written decision.
Benton Franklin Superior Court
Grievance Procedure under the Americans with Disabilities Act
This Grievance Procedure is established to meet the requirements of the Americans with Disabilities Act of 1990. The complaint should be in writing and contain information about the alleged discrimination such as name, address, phone number of complainant and location, date, and description of the problem.
The complaint should be submitted by the grievant and/or their designee as soon as possible, but no later than 60 calendar days after the alleged violation to:
Benton Franklin Superior Court: SCRequests@co.benton.wa.us.
Within 30 calendar days after receipt of the complaint, the Presiding or Assistant Presiding Judge will respond in writing. The response will explain the position of the courts and offer options for substantive resolution of the complaint.
All written complaints received by Benton Franklin Superior Court Administration and responses will be retained by the court for at least three (3) years.