ADA Accommodation Request Process

 

How to Request an ADA Accommodation

Let us know early, so we can prepare.  Whenever possible, make your accommodation requests at least a few days before you come to court.  Advance requests can be made by
e-mail, letter, or telephone. 

In NYC? Ask the Chief Clerk.  For trial courts in New York City, make your request to the Chief Clerk of the court. To find the mailing address, e-mail address, and phone number for the appropriate Chief Clerk, please visit our Local ADA Information by Courthouse page, and select the county in which the court is located.

Outside NYC? Ask the District Executive.  For trial courts outside New York City, make your request to the District Executive of the judicial district in which the court is located. To find the mailing address, e-mail address, and phone number for the appropriate District Executive, please visit our Local ADA Information by Courthouse page, and select the county in which the court is located.

Tell us what you need. Make your request as specific as possible. Please give us:

  • your name
  • a brief description of your disability
  • the accommodation(s) you want
  • name of the case (and number, if known)
  • name of the judge (if known)
  • date(s) you will be in court
  • your contact information, including mailing address, e-mail address, and phone number.

If you make your request by e-mail, please put “ADA Accommodation Request” in the subject line.

If you make your request by letter, please write “ADA Accommodation Request” at the top.

In all locations, you can also make your request in person. Please ask court security personnel to direct you to the court’s Chief Clerk’s office.  Be aware that, if you wait until you get to court to request an accommodation, we may not be able to provide it that same day.

 

GavelImportant Note: A Chief Clerk or District Executive cannot grant, as an ADA accommodation, a request that involves a judicial balancing of the rights of the parties or the Judge’s inherent power to manage the courtroom and the proceeding.  Examples of such requests may include, but are not limited to, requests for:  extensions of time or adjournments; changes in the time of day a case will be heard;  permission to participate by phone or video; the presence or absence of other persons in the courtroom; and, modifications in the way testimony is to be given.  Those types of accommodation requests must be decided by the judge or judicial officer presiding over the case. 

If all or some part of the request that you make to a Chief Clerk or District Executive involves an accommodation that only a judge has the authority to grant or deny, the Chief Clerk or District Executive will refer the request (or that part of it) to the judge presiding over your case. 

If you are sure that your accommodation request is the kind that needs to be decided by the judge, you can make your request directly to the judge in your case.  Contact the judge’s chambers before you come to court, or ask the judge when you get to court.

We may need more information. Many accommodations can be made based on the information you give in your request.  Sometimes, however, the court may need to know more about your disability to help it understand what a reasonable accommodation might be. If so, you may be asked to provide additional information. To the extent possible, your accommodation request and any information you provide will remain confidential. 

 

GavelPlease be aware that if your request is for the kind of accommodation that can only be granted or denied by a judge (see Important Note, above), the judge may require that your request be brought to the attention of the other parties to the proceeding.

 

How will the court respond to the request? 
If the court grants the accommodation you requested, you will be notified by court personnel, or by the judge or judicial officer hearing your case.

If the Chief Clerk or District Executive denies your accommodation request-- and an alternative cannot be agreed upon - you will get a written Denial of Accommodation that explains why the request is denied. That Denial can be administratively reviewed upon request. 

If a judge or judicial officer denies your accommodation request -- and an alternative
cannot be agreed upon -- you can ask them for a written judicial order or to state the reason for the denial on the record.  That denial can be judicially reviewed, but it cannot be reviewed by court administrators.

 

How a Denied Request Can Be Reviewed

If your accommodation request has been denied, you can seek review of that decision.  The review will be either judicial or administrative, depending on who denied your request.

Denied by a judge or judicial officer?
If a judge or judicial officer in a pending proceeding denied the request, the denial may only be reviewed through the regular process of judicial review.  Court administrators cannot review a judge’s or judicial officer’s decision.

Denied by a Chief Clerk or District Executive? 
If a Chief Clerk or District Executive denied the request, the denial may be reviewed through the administrative Request for Reconsideration process, discussed below.  This administrative process discussed below is NOT for reviewing a decision by a judge or judicial officer.

If you have received a Denial of Accommodation from a Chief Clerk or District Executive, you can have that decision reviewed by submitting either a Request for Reconsideration Form or a written statement.

If you don’t use the Request for Reconsideration form, your written statement must include:

  • your name, address, e-mail address and telephone number.
  • the name and location of the court or court facility where you wanted the accommodation.
  • an explanation of why the decision was wrong and why it should be reconsidered.
  • a statement of the desired remedy or the solution requested.
  • a copy of the Chief Clerk’s or District Executive’s Denial of Accommodation.

Whether you use the form or a written statement, you must submit the reconsideration request no later than ten (10) days after the date of the written denial, by mail or e-mail, to:

New York State Office of Court Administration
Statewide ADA Coordinator
25 Beaver Street, 7th Floor
New York, NY 10004
e-mail: ada@nycourts.gov

The 10-day filing deadline may be extended by the Statewide Coordinator for good cause shown.  Alternative means of filing the Request for Reconsideration, such as in an audio format, may be permitted if deemed appropriate by the Statewide Coordinator.

You may submit additional relevant information or documents that were unavailable to you at the time you requested the accommodation.

The Statewide Coordinator will review the reconsideration request promptly, and will review any information or documents that you have submitted or that otherwise relate to the denial decision. If the Statewide Coordinator decides more information is needed, the Statewide Coordinator may request, obtain and consider additional information.

To the extent possible, the Statewide Coordinator will issue a decision in writing or, where appropriate, in a format accessible to the person requesting reconsideration, within 30 days of the date the request for reconsideration was filed. The Statewide Coordinator may affirm, modify or reverse the Chief Clerk’s or District Executive’s denial of the accommodation request.

 

Questions or Concerns?

If you have any questions or concerns, please email ada@nycourts.gov or call the ADA Office at (212) 428-2760.