Accessibility in the SC Court System

The Americans with Disabilities Act, also known as the “ADA,” is a broad federal civil rights law that prohibits discrimination against people with disabilities. The ADA has different sections of the law called Titles. Title II of the ADA, also known as “Title II” is the section that applies to state and local governments. This includes all state and local departments and agencies. Title II of the ADA calls them “public entities.” South Carolina courts fall under Title II and are considered public entities. Whenever “court” is mentioned here, it refers to South Carolina state courts.

Under Title II: 

• People with disabilities cannot be excluded from state and local government services, programs or activities based on their disabilities.
• People with disabilities should have equal opportunities to participate in state and local government activities. 
• Public entities need to provide “reasonable modifications” when necessary to policies, practices, and procedures, so a person with a disability can have an equal opportunity to participate.  
• Public entities must take steps to ensure effective communication.

The ADA also has accessibility requirements that depend on when the building was constructed. Buildings built or altered since January 26, 1992, have accessibility requirements. For older buildings, the public entity must take steps to make sure its services, programs, and activities are accessible. This is called program access. For instance, if a public entity was holding a meeting in an older building that is not accessible, program access could mean moving the meeting to an accessible location.   

A public entity cannot charge a person with a disability to make its programs or services accessible. A public entity may not be required to provide an accommodation which would result in a fundamental alteration, cause undue financial and administrative burden, or pose a direct threat. It also is not required  to provide a person with a disability with a personal device, like hearing aids, or personal services, like assistance with going to the bathroom.

It is important to understand your rights so you can advocate for yourself if needed. Courts should be accessible to individuals with disabilities. People with disabilities should not be excluded from court activities because they are not accessible. You may need an auxiliary aid/service, accommodation, and/or modification to accommodate your disability. Below are some examples of common needs and accommodations.

Effective Communication

If you have a disability that impacts your ability to communicate, it is important to let the court know if you need communication help to participate in its programs or services. Courts must take steps to ensure that communications with people with disabilities are as effective as communications with people that do not have a disability. This means courts must provide “auxiliary aids and services” when a person needs it to have effective communication.

Auxiliary aids and services can include a sign language interpreter, captioning, assistive listening devices, materials in other formats like large print or Braille, video remote interpreting and others.

The type of auxiliary aid or service needed will depend on the needs of the person and the nature, length, and complexity of the communication. The court should give primary consideration for the type of auxiliary aid or service requested by the person with a disability. This does not mean you will get the  specific auxiliary aid or service you requested. You could be supplied with a different one if it provides for the same level of communication. With an auxiliary aid or service, you should be able to participate in communications during your time at court. The court cannot charge you for an auxiliary aid or service. 

Auxiliary Aids or Services for the Deaf/Hard of Hearing

Some of the accommodations you could request are:

• Assistive listening system
• Qualified sign language interpreter
• Cued speech transliterator
• Communication access real-time transcription (CART)

Sign Language Interpreters: When a sign language interpreter is requested, Title II requires that the interpreter be “qualified.”  This means that the interpreter is effective, accurate, and can use any special vocabulary for the situation. South Carolina has a sign language interpreter law that applies to South Carolina Courts. This says that the interpreter also must have a certification in sign language interpretation approved by the South Carolina Association of the Deaf, the South Carolina Registry of Interpreters of the Deaf, or the National Registry of Interpreters for the Deaf.  A court cannot lawfully require a family member or a friend to interpret.

Video remote interpreting (VRI): VRI is a service that offers an interpreter through electronic means. The interpreter should still be a qualified interpreter. If VRI is offered, the court must ensure that the interpreter on the screen is clear and large enough to view them, voices are clear, and the internet connection does not result in lags, freezing, or pauses. Courts that use VRI should have staff that are trained to use VRI. Let the court staff know if VRI doesn’t work for you. For instance, if you have trouble seeing the video screen or the interpreter keeps freezing.

Telecommunications relay service: Court staff must accept calls from telecommunications relay service, like video relay service, just as it would respond to all calls.

Auxiliary Aids or Services for Visual Disabilities

Some of the accommodations you could request are:

• Alternative formats, such as materials in large font
• Reader
• Braille
• Preferential seating

Physical Accessibility

People with disabilities should not be excluded from courthouse activities because they are not physically accessible. This includes areas like parking and restrooms. For places that are not accessible, courts should work with the person with a disability to provide access to its services. This could vary depending on the service needed, such as moving to an accessible courtroom or moving furniture to create an accessible route of travel. 

People should be able to use their wheelchairs or mobility aids, like a walker or crutches, in public areas of court. 

Service Animals

A service animal under Title II is a dog or a miniature horse trained to do a task to help a person with a disability. Courts must permit service animals, unless the service animal is not under control of its handleror the service animal is not housebroken. In these instances, the person should still be given the opportunity to participate in the court service without the service animal. If it is not clear that the animal is a service animal, court staff may ask two questions to determine if the animal is a service animal. It may ask if the animal is required because of disability and what work/task the animal has been trained to perform. A person with a disability does not have to provide any documentation that the animal is a service animal. Service animals should be permitted to go wherever a person without a disability can go at a courthouse. For more information about services animals, see DRSC’s resource guide “Assistance Animals in South Carolina.”

Assistive Technology

An assistive technology device is any item, product, or equipment that is used to increase, maintain, or improve the functional capabilities of a person with a disability. It can be high tech or low tech and it can be something that has been customized or modified to fit the person’s needs.

Sometimes you may have your own assistive technology device that you would like to use when you interact with the court. This could be an augmentative communication device or a magnifier. If the court has a policy that would typically forbid the type of technology you are using, you could ask for a modification of the policy to use your assistive technology. 

Other Disability Related Needs

You may need other types of accommodations or modifications based on your specific disability related needs. 

For instance,

• If your disability prevents you from going to the courthouse in person, you could ask if a remote appearance is available.
• If you have a disability that impacts your ability to process information, you could ask the speaker to talk more slowly. 
• If your disability impacts your sleep making mornings difficult, you could ask for court in the afternoon.
• If you have a disability that impacts your ability to fill out forms without assistance, you could ask for help with filling out the forms.
• If you need to take breaks to take medication, you could ask for scheduled breaks. 

Accommodation/modification needs are going to be unique to the person with a disability. If you need an accommodation, modification, or auxiliary aid or service due to your disability, you will need to request one. You can make the request, or someone can make it on your behalf, like your attorney. There is no exact language that needs to be used, you can just indicate that you need help (describe that) due to your disability to access the court. We suggest that you keep a record of your request and the response for your records.

If you need to make a request, it should be made to the local county clerk’s office of the court that applies to your situation. Be sure to due this as soon as possible and no later than two business days before it is needed.

For more information about interpreters, see “Frequently Asked Questions (FAQ) about Court Interpreters in South Carolina”    

Represented by an attorney

If you are being represented by an attorney, you can ask your attorney about requesting a needed accommodation/modification at court and whether you or your attorney on your behalf will make that request. 

Court Administration

Concerns about accessibility of the South Carolina Judicial Branch should be directed to:

Court Interpreter Manager

1220 Sumter Street, Suite 200

Columbia, South Carolina 29201-3739

(803) 734-1800 (telephone)

(803) 734-1821 (fax)

DRSC suggests that you make this contact soon after your concern arises and keep documentation of your complaint for your records.

Source: Keep in mind that information can change since this guide was made public. You can check with the South Carolina Judicial Branch or this website for current information.

Department of Justice (DOJ)

A federal Title II ADA complaint can be sent to the US Department of Justice (DOJ). A complaint can be filed online or by mail. A complaint has to be filed within 180 days of the incident. It can take up to three months for the DOJ to review your complaint and respond. DOJ will let you know if it will or will not investigate your complaint. DOJ has a mediation program. Mediation is a way to resolve the concerns of your complaint. DOJ can refer your complaint to mediation or you can ask for it. Mediation will not take place unless both parties agree to mediation. For more information about filing a complaint to the DOJ and mediation go to the DOJ website.

You can also explore your legal options, like a lawsuit, with an attorney. 

Federal Court

If you are in federal court and need a disability related accommodation, ask about the court’s policy and/or procedures for requesting an accommodation. They may also be located on the court’s website.