HB 2903

HOUSE BILL REPORT
HB 2903

This analysis was prepared by non-partisan legislative staff for the use of legislative members in their deliberations. This analysis is not a part of the legislation nor does it constitute a statement of legislative intent.

As Reported by House Committee On:
Judiciary
Appropriations Subcommittee on General Government & Audit Review

Title: An act relating to providing equal access to courts for persons with disabilities.

Brief Description: Creating an access coordinator for the administrative office of the courts.

Sponsors: Representatives Lantz, Rodne, McCoy, Wallace, Moeller, Williams, O'Brien and Goodman.

Majority Report: The substitute bill be substituted therefor and the substitute bill do pass. Signed by 10 members: Representatives Lantz, Chair; Goodman, Vice Chair; Rodne, Ranking Minority Member; Warnick, Assistant Ranking Minority Member; Ahern, Kirby, Moeller, Pedersen, Ross and Williams.

Background:

Both federal law, under the Americans with Disabilities Act of 1990 (ADA), and the state's law against discrimination prohibit discrimination by state and local government agencies based upon disability. In 2004 the United States Supreme Court ruled that courts have the affirmative obligation under the ADA to reasonably accommodate persons with disabilities in order to ensure their fundamental right of access to courts.

Washington's Court Rule 33 (CR 33) provides a procedure for persons with disabilities to request accommodations from the court. The rule defines "person with a disability" as a person covered by the ADA, the state law against discrimination, or other similar local, state, or federal laws. The term includes but is not limited to, an individual who has a physical or mental impairment that limits one or more major life activities, has a documented history of such an impairment, or is regarded as having such an impairment.

Under CR 33, if an applicant who is entitled to an accommodation files a request five or more court days prior to the date of the proceeding in which the accommodation is needed, the court will grant the request unless it is impossible for the court to provide it. If the applicant files less than five days before the proceeding, the court will grant the accommodation unless it is impractical. If the requested accommodation is not provided, the court must offer the applicant an alternative accommodation.

A request can only be denied if the court finds that:

Recently, the Impediments to Access to Justice Committee (created by the Access to Justice Board) developed a guide for courts that explains options, devices, and services currently available to courts and other agencies to implement their duty to provide reasonable accommodations to persons with disabilities.

Summary of Substitute Bill:

Washington courts are required to provide equal access to persons with disabilities. Subject to the availability of funds appropriated for the purpose, the Administrative Office of the Courts (AOC) must create the position of Court Access and Accommodations Coordinator (Coordinator). The Coordinator must:

In carrying out these duties, the Coordinator must consult with persons with disabilities and must facilitate communication between the AOC and persons with disabilities and their representative groups.

Substitute Bill Compared to Original Bill:

The substitute: (a) provides that the Coordinator position must be created subject to available funds appropriated for the purpose; and (b) removes the requirement that the Coordinator acquire assistive devices for the courts.

Effective Date of Substitute Bill: The bill takes effect 90 days after adjournment of session in which bill is passed.

Staff Summary of Public Testimony:

(In support) The state has an obligation to provide access to courts, and people with disabilities face barriers to access to justice. The court rule creates a pathway for persons to require accommodations, but it's important to have someone at the AOC to provide assistance to counties with training and technical advice. The groundwork has been done to make this AOC position possible. There is a lot of resources and interest to help the Coordinator.

(Neutral) The AOC has discussed the policy of this bill, but the Coordinator position required in the bill is not in the AOC's budget proposal.

(Opposed) None.

Persons Testifying: (In support) Representative Lantz, prime sponsor; David Lord, Disability Rights of Washington; and Cherie R. Tessier.

(Neutral) Mellani McAleenan, Board of Judicial Administration.

HOUSE COMMITTEE ON APPROPRIATIONS SUBCOMMITTEE ON GENERAL GOVERNMENT & AUDIT REVIEW

Majority Report: The substitute bill be substituted therefor and the substitute bill do pass. Signed by 14 members: Representatives Linville, Chair; Ericks, Vice Chair; Armstrong, Ranking Minority Member; Skinner, Assistant Ranking Minority Member; Alexander, Blake, Chandler, Kretz, Lantz, Liias, Miloscia, Morris, Nelson and Van De Wege.

Summary of Recommendation of Committee On Appropriations Subcommittee on General Government & Audit Review Compared to Recommendation of Committee On Judiciary:

A null and void clause was added, making the bill null and void unless funded in the budget.

Effective Date of Substitute Bill: The bill takes effect 90 days after adjournment of session in which bill is passed. However, the bill is null and void unless funded in the budget.

Staff Summary of Public Testimony:

(In support) The Access to Justice Board has been working on this issue for several years. This bill is a key piece in trying to make courts accessible for people with disabilities. The Supreme Court recently adopted a new rule, which provides uniform procedures for people with disabilities to request accommodation by the court. It is important to fund this access coordinator position because local courts will need help providing the most effective accommodation. This position will provide critical information to local courts in order to effectively implement the new court rule.

(Opposed) None.