October 25, 2014

State Bar of California
State Bar Court
Americans with Disabilities Act (ADA)
Policy and Procedures

Request for Accommodations by Persons with Disabilities

Policy Statement

It is the policy of the State Bar of California to:

  1. assure that qualified individuals with disabilities have equal and full access to State Bar Court proceedings, services, and programs; and
  2. work interactively with qualified persons with disabilities to provide appropriate accommodations whenever possible.

Nothing in this policy shall be construed to impose limitations upon or to invalidate the remedies, rights, and procedures accorded to qualified individuals with disabilities under state or federal law, or under the general accommodation policy of the State Bar of California.

Request for Accommodations in Court Proceedings

  1. Except as modified by these procedures, California Rule of Court, rule 1.100 applies to requests for accommodations directed to the State Bar Court.  All written requests for accommodations must be on Form MC-410, approved for use by the Judicial Council of California.  This form may be obtained here:  http://www.courtinfo.ca.gov/forms/fillable/mc410.pdf .
  2. All requests for accommodations received by the State Bar Court will be referred to the State Bar Court ADA Coordinators:  Marilyn Tichenor, Court Administrator, San Francisco, or Michelle Cramton, Court Administrator, Los Angeles.  All requests for accommodations should include a description of the accommodation sought, along with a statement of the impairment that necessitates such accommodation.  The State Bar Court ADA Coordinator may require the applicant to provide additional information regarding the accommodation sought and the impairment necessitating the accommodation.
  3. Requests for physical facility accommodations, or for the provision of auxiliary aides and services, including equipment, devices, materials in alternative formats, and qualified interpreters or readers, will be referred by the State Bar Court ADA Coordinator to the Office of the Deputy Executive Director for assessment and action in accordance with the State Bar’s procedures.
  4. Requests for accommodations of a procedural nature, including, but not limited to, extensions of time or appearances by telephone, will be determined by the State Bar Court.  The State Bar Court ADA Coordinator will refer these requests for ruling to the Hearing Judge assigned to the case for a Hearing Department matter, or the Presiding Judge for a Review Department matter.

    1. The Hearing Judge or Presiding Judge will determine whether to grant or deny the request for accommodation in whole or in part and the nature of the accommodation(s) to be provided, if any.  The Judge may direct the State Bar Court ADA Coordinator to meet with the applicant to work individually with the applicant to provide the accommodations ordered by the Judge.
    2. If the determination to grant or deny a request for accommodation is made by a Hearing Judge, an applicant may seek review of that decision by filing a petition for interlocutory review under rule 5.150 of the Rules of Procedure of the State Bar.  If the determination is made by the Presiding Judge, the applicant may seek review of that decision by filing a motion for reconsideration in the Review Department.
  5. Questions regarding requests for accommodation, in State Bar Court cases only, may be directed to the assigned case administrator or the court administrator at the location in which the matter is pending.