Disability and Language Access
About
Find more information about the Judicial Branch's Disability Access Program.
- What is a “reasonable accommodation”?
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A “reasonable accommodation” means that court personnel will try to work with you to provide access to court facilities, processes, or events. This may be a change or modification in policies, procedures, or practices that are necessary to provide equal access to the courthouse or court processes for a person with a disability. Depending on the circumstances, the reasonable accommodation you receive may not be your first choice of accommodation.
- Who can I contact to request an accommodation for court?
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Every county courthouse has a local Disability Access Coordinator who is responsible for coordinating accommodations. You or your attorney may contact your county's DAC at [email protected]. For example, if your court event is in Wake County, contact [email protected]. Another way to contact your local DAC is by completing the online Disability Access Request Form. The online form will send an email with your request details to your county’s DAC and a confirmation of your request to your email.
- When should I request an accommodation for court?
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Please make your request for a disability access accommodation to the court as soon as possible so that arrangements can be made, preferably at least two weeks before your court date because some accommodations take time to schedule.
- How can I request an accommodation for court?
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You or your attorney can request a reasonable accommodation for your participation in a court event by contacting your county’s DAC in person, over the phone, by letter, email, or by completing the online Disability Access Request Form. The online form will send an email with your request details to your county DAC and a confirmation of your request to your email.
- What information do I need to provide to request an accommodation?
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You will need to tell court personnel that you have a disability and describe your individual needs as a result. If your disability is not obvious, you may need to provide a note from your healthcare provider explaining your needs. The statewide protocol recommends that you provide the disability access coordinator with the following information:
- County in which assistance is needed
- Name and contact information for the individual needing assistance
- Whether the individual needing assistance is the plaintiff, defendant, juror, witness, or court observer
- Case file number
- Date and time of hearing or other judicial activity
- If applicable, the name, phone number, and email of the attorney representing the individual
- Explanation of the nature of the disability
- Exact type of reasonable accommodation(s) needed
- Do I need to tell people what my disability is to get an accommodation?
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No. You should explain to court personnel that you have a disability and any specific needs that you have. If you need a note from your healthcare provider, the note does not have to say what your disability is, but it does have to explain how it affects you. For example, if you have diabetes, your note can say that you have a disability that requires you to eat regularly on a strict schedule. It is up to you whether you ask your healthcare provider to name your disability or not.
- What legal resources are available to me as a person with a disability?
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Disability Rights North Carolina provides legal assistance to people with disabilities in some situations. You can view resources for common issues faced by people with disabilities here. You can view additional resources for many areas of law commonly faced by people unable to hire an attorney here. See the Finding an Attorney Help Topic for information about finding a private or nonprofit attorney to assist you with your case.
- I am Deaf / hard of hearing / Deaf-blind. How can I request an interpreter or communication access that meets my needs?
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Use the online Disability Access Request Form or contact your local Disability Access Coordinator directly to request an American Sign Language (ASL) interpreter, Certified Deaf Interpreter (CDI), Communication Access Realtime Translation (CART) services, cued speech transliterator or other reasonable accommodations that would best meet your needs.
- What is the difference between an ASL interpreter and a Certified Deaf Interpreter?
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The first major difference is that ASL interpreters are typically hearing individuals whereas CDIs are born deaf or hard of hearing. ASL interpreters must go through extensive training to become professional interpreters for the Deaf community. CDIs, on the other hand, are already part of the Deaf community and have a strong sense of Deaf culture as a result of their upbringing. They are certified to provide interpreting services to Deaf consumers who may have linguistic impairments that prevent them from fully utilizing a traditional ASL interpreter. Second, for most ASL interpreters, ASL is their second language whereas it is the native language of CDIs. Because CDIs are native sign language communicators and part of the Deaf community, they can communicate more easily and clearly with Deaf individuals. CDIs specialize in the use of interpreting, gestures, miming, incorporating props, drawings and other tools to provide detailed deaf communication. As ASL interpreters are focused on interpreting spoken language into sign language, their signing may not always be as accurate. As a result, ASL interpreters and CDIs often work in tandem to produce more accurate interpretation. The ASL interpreter will interpret the spoken language into ASL for the CDI, who then interprets it for the Deaf individual. In turn, the Deaf individual will sign to the CDI, who interprets into ASL for the ASL interpreter, who then interprets into the spoken language.
- Are all courthouses wheelchair accessible?
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You are guaranteed the right of access to court proceedings. However, some older courthouses were built before the passage of the Americans with Disabilities Act in 1990, and may not be 100% accessible. For this reason, you should discuss your disability-related needs with your attorney or court personnel as early as you can. With appropriate notice, court personnel can ensure that court is held in a location that is accessible to you.
- Can I bring medical devices with me to court?
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Yes. You will generally need to go through a metal detector on entering the courthouse and may need to explain any devices that could cause an alarm.
- Can I bring medication with me to court?
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Yes. You can bring medications to court and take them during a recess, or step outside the courtroom to take them while other cases are being handled as long as you are available when your case is called. If you may need to take medications while your case is being handled, you should tell your attorney in advance. If you do not have an attorney, let the judge know when your case begins. When it comes time to take your medication, tell your attorney or respectfully let the judge know that you need to take a break.
- What if my medications contain a controlled substance?
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You can bring medications including controlled substances to court if necessary. It may be helpful to ensure that you bring the prescription bottle with a label showing that the medication has been prescribed to you in case of any confusion. If your medication may affect your ability to testify, you should explain this to your lawyer in advance, or to the judge when you are called to testify. If your medication may affect your behavior while in court, you should discuss this with the Disability Access Coordinator in advance, or let the bailiff know in the courtroom.
- What are the rules for bringing a service animal to court?
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Service animals are permitted to go wherever their handler goes, including courtrooms and other areas of the courthouse. Court personnel may ask you two questions to determine if your service animal meets the legal requirements for access: 1) Are you a person with a disability? and 2) What work or tasks does the animal perform for you? Court personnel can also ask you if the service animal is registered with the North Carolina service animal registry. If you have not registered your animal, this does not affect your ability to bring the animal to court. If your service animal interrupts court proceedings, the judge can order that the service animal be removed from the courtroom.
- What are the rules for bringing an emotional support animal to court?
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An emotional support animal (sometimes called therapy animals or assistance animals) are animals that help with the symptoms of a disability, but have not been individually trained as a service animal. These animals may be able to come to court on a case-by-case basis. You or your attorney should contact the courts about this accommodation in advance. Be prepared to explain how your emotional support animal would help you remain calm or otherwise assist you during court proceedings. Court personnel may need to meet the animal to observe its behavior and determine if it will interrupt court proceedings before agreeing to this accommodation.
- Will the courts provide a transcript of the proceedings for me?
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The courts do not provide written transcripts. If your hearing was in civil district or superior court or in criminal superior court, there will be an audio recording of the hearing. You can request the recording for a fee. Private court reporters can make an official transcript of the recording. A list of approved Court Reporters may be found here.
Accommodation Disputes
- What can I do if I believe a judge did not properly consider my disability when making a decision about my case?
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Once a judge has made a decision, it can be overturned only by filing a motion to set aside the decision or through an appeal. An attorney can advise you about the best way to challenge a particular decision. You also have the right to file a complaint with the Judicial Standards Commission if you believe a judge has behaved unethically. Local Disability Access Coordinators, other court personnel, and the Administrative Office of the Courts staff cannot change a judge’s decision once it is made.
- What can I do if I got to court and my agreed upon accommodations were not provided?
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You should contact your local Disability Access Coordinator in your county. If not, you can explain your needs to court personnel.
- What can I do if I believe the judge is ignoring my accommodations?
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You or your attorney should respectfully explain your needs to the judge and contact your local Disability Access Coordinator if necessary.
- What can I do if my local Disability Access Coordinator denied the accommodations I requested?
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If you requested an accommodation from staff at your courthouse and your request was denied, you can follow the NCAOC’s Grievance Procedure and contact the Court Programs Division at (919) 890-1212 or [email protected]. Please be aware that if you contact the NCAOC without first discussing your request with staff at your local courthouse, you will be directed to contact your local Disability Access Coordinator or other local court personnel first.
Language Access
Learn how the Judicial Branch accommodates people with spoken foreign language needs, how to request an interpreter, and more.
Language Access Updates to Standards and Initiating Forms - July 25, 2024
- Can I get an interpreter for a court case?
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Yes. The courts provide interpreters at no cost to you for all civil and criminal court appearances in front of a judge, magistrate, or clerk of court. This includes criminal cases, traffic tickets, evictions, foreclosures, divorce, child support, child custody, guardianship, disputes about money, and others.
Court interpreters are also provided for child custody mediation, permanency mediation, and child planning conferences. The court will provide you an interpreter for court whether you have an attorney for your case or not. Interpreters are also provided for conversations between prosecutors and victims or witnesses, conversations between court-appointed attorneys and their clients, and conversations between Guardian ad Litem Program attorneys and the parties involved in the case.
- When will the courts not provide interpreters?
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The state does not cover the cost of an interpreter for:
- Communication between attorneys hired by the client (not court-appointed) and clients, except while a judge is hearing the case.
- Communication between Legal Aid attorneys or other non-profit attorneys and clients, except while a judge is hearing the case.
- Communication between people with a court case and Department of Social Services attorneys or Child Support Enforcement agents.
- Probation and parole functions.
- Law enforcement (police) functions.
- Criminal court mediations.
- Private mediations and arbitrations.
- Who can get a court interpreter?
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The courts will provide an interpreter in court for a “party in interest” who speaks a language other than English as a primary language and has a limited ability to read, speak, or understand English. You are a “party in interest” if you are:
- The person who filed the lawsuit (the “plaintiff”), the person being sued, or the person charged in a criminal case (the “defendant”)
- A victim in a criminal case
- A witness in any type of case
- A parent, legal guardian, or custodian of a minor party
- A legal guardian or custodian of an adult party
- Do I have to pay for the interpreter provided by the state?
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No. Court interpreters are provided at no cost to the parties.
- What is the court interpreter’s role?
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The interpreter will interpret everything you say into English and will interpret everything said in court in English into your language. The interpreter will interpret any communication between you and the judge, and any brief communication you need to have with your attorney during the hearing before the judge. The interpreter will not share any of the information outside of the court. The interpreter will not give legal advice or explain what is happening in court. If you have questions about what is happening, you should ask your attorney or the judge. The interpreter will interpret your questions for your attorney or the judge, but cannot answer questions for you.
- If I speak some English, can I still get an interpreter?
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Yes, if your ability to speak or understand English is limited.
- What languages are available?
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The Office of Language Access Services will find an interpreter for any language necessary so that a party in interest can fully and fairly participate in court. Many larger counties have Spanish court interpreters on staff. With advance notice, interpreters can be scheduled for many other languages. If you do not request the interpreter in advance, you still have a right to an interpreter in court, but your court date may be delayed.
- Can a family member or friend interpret for me in court?
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No, only authorized court interpreters can interpret in court. Family members or friends cannot interpret your testimony for the judge and cannot interpret the court proceedings for you.
- How can I request an interpreter in advance?
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If you have an attorney, your attorney can request an interpreter for you. If you do not have an attorney, you can request an interpreter yourself by completing the request form. Requests should be submitted by email at least 10 business days before your court date. You must email your request to your county’s Language Access Coordinator (LAC). The email address for your LAC will be [email protected]. For example, the Wake County LAC’s email would be [email protected]. If you have difficulty filling out the form due to language, you can email the county LAC or ask a clerk of court in your county for help.
- What if I am in court and need an interpreter, but did not request one in advance?
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If you need an interpreter, you can tell the judge when your case is called, or you can tell the courtroom clerk before your case is called. Depending on availability, an interpreter may or may not be available for you that day. If a qualified court interpreter is not available, your case will generally be “continued,” or postponed until another day.
- Can an interpreter help me talk to court staff, such as the clerk of court, outside the courtroom?
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Yes. Phone interpreting services are available to help you talk to court staff. Tell the staff person that you need an interpreter and they will arrange for an interpreter to assist you by phone.
- How should I work with an interpreter?
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- Do not expect the interpreter to listen to more than one person at a time. Wait for the interpreter to finish interpreting before you respond.
- Speak directly to the person asking the question or speaking to you, not to the court interpreter.
- Speak clearly and at a moderate pace, and remember to pause between complete thoughts to allow the interpreter to interpret. Be aware of the court interpreter’s hand signals to slow down or to stop talking so that he can interpret what you said. Speaking in court is often stressful and may cause you to speak quickly, so make an effort to slow down.
- Remember that the judge will only know what you are saying if the interpreter has the opportunity to interpret it.
- If you choose to use an interpreter, you must testify entirely in your non-English language. You cannot testify partly in English and partly through an interpreter, even if you can speak and understand some English.
- Can the other party object to a request for an interpreter?
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No. Judges are instructed to always make sure that a qualified court interpreter is provided for anyone who requests an interpreter.
- What should I do if I have concerns about the interpreter in court?
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If you have an attorney, tell your attorney so he or she can address your concerns with the judge, if necessary. If you do not have an attorney, tell the judge your concerns. You can also file a complaint after court. See below for information about filing a complaint.
- Can I get court forms or orders in another language?
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Many official court forms are currently available in Spanish and Vietnamese. If you were given a court form in English, you can search for the bilingual version online by using the form number (beginning with AOC) or English title of the form, and choosing Spanish or Vietnamese.
- Can an interpreter read forms or orders to me?
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If you are in court on your court date, an interpreter can “sight translate,” or read court forms to you in your language. The court interpreter cannot answer questions you have about court forms. The courts do not provide interpreters to read forms you receive in the mail. The interpreter can interpret a judge’s verbal order while in court. You should make sure to ask the judge about anything you do not understand while you are in court. The courts do not provide translations of written orders entered after your court date.
- What if I was denied an interpreter?
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- You should speak up and let the judge know that you need an interpreter. If you are able to do so, explain what your needs are.
- If you are denied an interpreter, you can file a complaint with the Language Access Officer.
- How can I find a private interpreter or translator?
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If you need interpretation or translation that is not provided by the courts, you can hire your own interpreter or translator. You can find a list of certified Spanish language court interpreters and their contact information. For other languages, you can contact the Office of Language Access Services at (919) 890-1407 or [email protected].
- Who can I contact with questions or complaints?
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For general questions about Language Access, contact the Office of Language Access Services at (919) 890-1407 or [email protected]. You can submit complaints or concerns online here.
Disability Access
Learn about disability access and ADA compliance in North Carolina courts, resources for special needs/disability services, and how to request an accommodation.