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Accommodations
Persons with a disability recognized under the Americans with Disabilities Act are entitled to a“reasonable” accommodation.
A person wishing to make a request to accommodate a disabilityshould first make the request to the staff of the judge's office or department they are dealing with. If they need further assistance, they should contact the Judicial Aide Department at (586) 469 5156. Judicial Aide will determine if further assistance can be rendered.
Hearing and Speech Accomodations
Each courtroom is wired to use an infrared assistive listening device. These devices use the Court’s existing microphones and broadcast an infrared signal that is received by a wireless monitor worn by the person with the disability. Court Officers are trained and equipped to help with these systems.
The Court also has two portable systems that may be used as backup systems if the Court’s hard wired system should temporarily fail, or may be used in other areas that do not have any other assistive listening devices.
The wireless receiver and monitor worn by the person with the disability has three different types of headphones and inductors. The headphones may be used with or without a hearing aid. The two inductors are used with a hearing aid that has the telephone use option. These three different headphones and inductors help to provide the most efficient and comfortable electronic assistive listening possible for the person with the disability.
Total Hearing Loss and/or Speech Disability
Through the Judicial Aide Office, the Court contracts and provides sign language interpreters for persons with total hearing loss and/or speech disabilities. Qualified sign language interpreters are certified through the State of Michigan. Sign language interpreters are certified at different levels according to their skill level. This is called the State’s “QA level.” There are three different QA levels recognized by the State of Michigan. For a participant in a case, a QA Level III is the only level of sign language interpreter that is qualified to translate proceedings in court. For other accommodations such as a public observer, for example, a QA Level II could be used.
When a sign language interpreter is contracted for a court case, that interpreter is contracted for the duration of that case. Other interpreters may stand in place of the original interpreter as long as they are certified and qualified at the proper level. Other proceedings, such as Friend of the Court hearings, may allow “as needed” contracting of a sign language interpreter.
Because there are not many sign language interpreters available that are qualified at the QA III level, it is important that as much notice as possible be given when a sign language interpreter is needed in order that one may be located and contracted for the date(s) and time(s) needed.
Communication with Sign Language Interpreters
When a sign language interpreter is assigned to a case, they become an important part of the case. Because the Court pays a minimum hourly fee and mileage to the sign language interpreter, and the QA III level interpreters are very busy, it is important that the sign language interpreter be informed of any scheduling and location changes that are made. This is usually the responsibility of the attorney of the client for whom the interpretation services are needed. It is recommended that a judge authorizing an interpreter emphasize this duty.
Assistance Concerning Other Requests
The Court does not contract sign language interpreters for other local government offices or private business. The Judicial Aide Office will share their resources and information concerning other requests with other government offices and private businesses in an effort to help them.
Language Interpreters
Indigent Criminal and Domestic Cases
Language Interpreters are provided at the Court’s expense for defendants who are indigent and have pending criminal cases or domestic relations enforcement proceedings that may result in incarceration. Hourly fees and mileage paid to a language interpreter are defense costs that defendants are to repay when they are able to do so. Language interpreters are the responsibility of the parties in all other situations.
A person seeking a language interpreter under these circumstances should do so through their appointed attorney. If there are any questions, they may be directed to the Judicial Aide Office at (586) 469 5156.
The State Court Administrator’s Office has begun an effort to establish standards, test, and certify language interpreters. At this time, only small numbers of Spanish and Arabic interpreters are certified statewide. Use of SCAO certified interpreters has not been mandated as of this writing.
The Court does not provide language interpreters for prosecution witnesses or victims of crimes. This is the responsibility of the Macomb County Prosecutor’s Office.
Communicating with a Language Interpreter
When a language interpreter is assigned to a case, he or she becomes an important part of the case. Because the Court pays interpreters a minimum fee and mileage and they are an important part of the case, the interpreter is to be notified as soon as possible of any scheduling or location changes. This is usually the responsibility of the indigent defense attorney. It is recommended that a judge authorizing a language interpreter emphasize this duty to defense counsel.
Criminal and Domestic Cases with Retained Counsel
The securing of and paying for a language interpreter for a criminal defendant who has retained counsel is the responsibility of the party seeking to present testimony that requires interpretation, unless the defendant requests an interpreter at Court expense and demonstrates indigence. Counsel may contact Judicial Aide for a list of potential interpreters.
