Rule 1-332. Reasonable Accommodations for Persons with Disabilities

(a) Applicability This Rule applies to accommodations for persons with disabilities.

(b) Definitions In this Rule, the following definitions apply except as otherwise expressly provided or as necessary implication requires:

(1) ADA “ADA” means the Americans with Disabilities Act, 42 U.S.C. § 12101, et seq.

(2) Person with a Disability “Person with a disability” means an individual with a disability who meets the essential eligibility requirements for the receipt of services or the participation in court services, programs, or activities, with or without reasonable modifications to policies, practices, or procedures, the removal of architectural, communication, or transportation barriers, or the provision of auxiliary aids and services.

(3) Reasonable Accommodation “Reasonable accommodation” means a measure necessary to provide a person with a disability the opportunity to access a court service, program, or activity in a manner consistent with State and federal law. A reasonable accommodation may include, for example:

(A) a reasonable modification in policy, practice, or procedure;

(B) a reasonable modification to a deadline or time limit that Rule 1-204 permits to be modified but that does not alter a statutory deadline or a statute of limitations;

(C) remote participation by a party or witness in accordance with Title 21 of these Rules;

(D) an auxiliary aid or service other than a personal device, including equipment, that is made available without charge; and

Committee note: An auxiliary aid or service may include a qualified interpreter or other effective method of making aurally delivered materials available to an individual who is deaf or hard of hearing; a qualified reader, taped text, or another effective method of making visually delivered materials available to an individual who is blind or has low vision; acquisition or modification of equipment or devices; and other similar services and actions. See 42 U.S.C. § 12103, 28 C.F.R. § 35.104, and 28 C.F.R. § 35.160.

(E) recognition of a supported decision-making arrangement entered pursuant to Code, Estates and Trusts Article, Title 18.

(4) Victim “Victim” includes a victim's representative as defined in Code, Criminal Procedure Article, § 11-104.

(c) Request for Reasonable Accommodation

(1) Generally An attorney, party, witness, victim, juror, prospective juror, or member of the public requesting a reasonable accommodation under the ADA or other applicable Maryland or federal law promptly shall notify the court of the request.

Committee note: An individual authorized to act on behalf of the person with a disability or with the permission of the person with a disability may request an accommodation.

(2) Submission To the extent practicable, a request for a reasonable accommodation shall be (A) presented on a form approved by the State Court Administrator, posted on the Judiciary website, and available from the clerk of the court and (B) submitted to the court not less than 30 days before the proceeding for which the accommodation is requested. The request should include a case number, if applicable, but need not be filed in a particular action or served on any other party.

Committee note: This Rule does not impose a strict 30-day filing deadline and recognizes that advance notice is not always practicable for all requests for accommodation. Reasonable advance notice is required to the extent feasible so that a court or staff can implement reasonable accommodations.

Insufficient advance notice may prevent the provision of a reasonable accommodation.

(d) Determination of Request

(1) Authority to Determine The court shall consider a reasonable accommodation request that pertains to a motion before the court, the rescheduling of a case, or any other matter that involves the administration of court proceedings or the substantive rights of litigants. The court may approve the requested accommodation, deny the requested accommodation, or offer an alternative accommodation. The court may designate the ADA coordinator to consider and determine other requests.

Committee note: Accommodation requests that may be considered and determined administratively include requests that involve facilities, furniture, and other available accommodations that do not involve substantive issues or affect court procedure.

(2) Interactive Process The court or designated ADA coordinator shall review the request and, if appropriate, engage the requestor in an interactive process to determine a reasonable accommodation.

(3) Factors--Generally In determining what, if any, accommodation to grant, the court or the ADA coordinator shall:

(A) consider (i) the provisions of the ADA and applicable federal regulations adopted under the ADA; (ii) Code, State Government Article, §§ 20-304 and 20-901; (iii) Code, Courts Article, § 9-114; (iv) Code, Criminal Procedure Article, §§ 1-202 and 3-103; and (v) other applicable Maryland and federal law;

(B) give primary consideration to the accommodation requested;

(C) consider whether an accommodation would result in (i) a fundamental alteration of the nature of a court service, program, or activity or (ii) an undue financial and administrative burden; and

(D) make the determination on an individual and case-specific basis, with due regard to the nature of the disability and the feasibility of the requested accommodation.

In considering reasonable accommodations for a person with a disability, the primary focus is on providing accommodations that enable the individual to participate in or qualify for a program, service, or activity. The focus must not be on the extent of the individual's impairment.

(4) Request for Sign Language Interpreter If the accommodation requested is the provision of a sign language interpreter, the court shall determine whether a sign language interpreter is needed in accordance with the requirements of the ADA, Code, Courts Article, § 9-114, and Code, Criminal Procedure Article, §§ 1-202 and 3-103. If the request is granted, the court shall appoint a sign language interpreter in accordance with Rule 1-333 (c).

(5) Notification of Determination The court or ADA coordinator promptly shall notify the requestor of its accommodation determination. If a requested accommodation is denied, the court or ADA coordinator shall specify the reason for the denial.

(e) Publication of Data on Accommodation Requests Each court shall submit an annual report to the State Court Administrator, without identifying information and in a manner that protects the identities of those requesting accommodations, containing (1) data on the number and types of reasonable accommodation requests submitted, (2) the types of reasonable accommodations granted, and (3) the number of reasonable accommodation requests denied. The State Court Administrator shall publish a compilation of the data on the Judiciary website.

Committee Notes

Cross reference: See 42 U.S.C. § 12131. Cross reference: See In the Matter of Chavis , 486 Md. 247 (2023), pertaining to procedures and standards for evaluating a request for reasonable accommodations under the ADA. Source: This Rule is new.