Rule 7.061 - REQUESTS FOR ACCOMODATIONS BY PERSONS WITH DISABILITIES(1) Process for requesting accommodations (a) Who may request. Accommodations may be requested from any lawyer, party, witness, juror, person with an interest in attending any proceeding open to the public or other person seeking to use the services, programs, or materials provided by this judicial district.(b) Form of Request. Requests for accommodation under this rule may be presented ex parte on the form designated by court administration for such requests, in another written format such as email to the court's ADA Coordinator, or orally to any court personnel. In all cases, however, the request shall be documented in writing and forwarded to the ADA coordinator or designee within the time frame provided in (1)(d) of this rule.(c) Content of Request. Requests for accommodations must contain the information required by UTCR 7.060(2). These requirements may be met by using the court's accommodation request form, available from any of the court's public service counters, from the trial court administration office, or the court's website. Medical and other health information submitted in support of the accommodation request, if any, shall be submitted under the cover sheet accompanying the request form designated "SEALED MEDICAL AND HEALTH INFORMATION." Such information shall be accessible only to the court and the person requesting accommodation unless disclosure is otherwise expressly ordered or required by law.
(d) Timing of request. Pursuant to UTCR 7.060, requests for accommodation must be made as far in advance as possible, but no fewer than 4 judicial days before the requested implementation date. The court may, in its discretion, waive this requirement.(e) Informal practices encouraged. Where the need for accommodation is obvious and the accommodation can be easily implemented, informal practices for responding to and implementing the accommodation are permitted and encouraged. However, informal practices shall not be utilized if an accommodation request would impact court procedures within a specific case, as described in (2)(a) below.(2) Consideration, determination, and responses to requests(a) Administrative versus judicial consideration. The ADA Coordinator shall not administratively grant accommodation requests that impact court procedures within a specific case. Examples include requests for an extension of time, a setover, or a continuance; changes of venue; and telephonic or videoconference appearances. Such requests shall be forwarded by the ADA coordinator in writing to the judicial officer handling the case for consideration and determination. In all cases, however, a denial of an accommodation request in whole or in part shall comply with (2)(c) of this rule and shall be in writing.(b) Response. The court shall promptly inform the requestor of the determination to grant or deny an accommodation request. If the accommodation request is denied, in whole or in part, the response shall be in writing. On request the court shall provide an additional response in an alternative format. The response to the applicant must indicate: (i) Whether the request for accommodation is granted or denied, in whole or in part. If denied, the response shall also include a description of an alternative accommodation that does not implicate any of the bases for denial under (2)(c) of this rule;(ii) If the request for accommodation is denied, in whole or in part, the reason therefor;(iii) The nature of the accommodation(s) to be provided;(iv) The duration of the accommodation(s) to be provided; and(v) If the response is in writing, the date the response was delivered in person or sent to the applicant.(c) Denial of request. A request for accommodation may be denied only when it is determined that one or more of the following apply:(i) The requestor has failed to satisfy the substantive requirements of this rule;(ii) The court is unable to provide the requested accommodation on the date of the proceeding and the proceeding cannot be continued without significant prejudice to a party;(iii) Permitting the requestor to participate in the proceedings with the requested accommodation would create a direct threat to the safety or well-being of the requestor or other participants;(iv) The requested accommodation would create an undue financial or administrative burden for the court or would fundamentally alter the nature of the court service, program or activity under (1) or (2):1. An accommodation may be denied based on a fundamental alteration or undue burden only after considering all resources available for the funding and operation of the service, program or activity, and shall be accompanied by a written statement of the reasons for reaching that conclusion.2. If a fundamental alteration or undue burden would result from fulfilling the request, the court shall nevertheless ensure that, to the maximum extent possible using alternative accommodations, individuals with disabilities receive the benefits or services provided by the court.(3) Handling of confidential medical information. The court shall keep confidential all information of the requestor concerning the request for accommodation, unless confidentiality is waived in writing by the requestor or disclosure is required by law or order of the court. The requestor's identity and confidential information may not be disclosed to the public or to persons other than those involved in the accommodation process. Confidential information includes all medical information pertaining to the requestor, and all oral or written communication from the requestor concerning the request for accommodation.Multnomah Supp. L. R. 7.061
Amended effective 2/1/2024.