This measure examines access to courthouse facilities by persons with physical disabilities. The measure produces two kinds of information: general information about accessibility in the courthouse as a whole and more specific information on the ease or difficulty with which individuals with disabilities conduct business transactions with the court. (The volunteers who complete this measure may also be included in the samples for Measure 1.2.6, Evaluation of Accessibility and Convenience by Court Users, and Measure 1.4.2, Observers’ Assessment of Court Personnel’s Courtesy and Responsiveness.)

Planning/Preparation. The first step is for court staff to complete Part I of Form 1.3.5, Access to Courthouse Facilities by Individuals with Disabilities. Part I is based on a checklist developed by the National Center for State Courts to assess court compliance with the Americans with Disabilities Act.²² These questions will provide the court with general information about the accessibility and usability of courthouse facilities and services as a whole for persons with disabilities.

Next, court officials should prepare a list of routine activities that citizens engage in while using the court’s services. These should include: (1) transacting business in the clerk’s office, (2) appearing for jury duty, (3) observing a domestic relations calendar, (4) observing a criminal arraignments calendar, (5) observing a trial or simulating the experience of being a litigant during a trial (e.g., visit the courtroom, sit in the litigation area), (6) accessing facilities for special services such as ADR program offices, child support complaint and payment offices, and bail payment windows, and (7) using general courthouse facilities such as cafeterias, restrooms, attorney-client conference rooms, and public telephone areas.

Local service agencies or advocacy associations for individuals with physical disabilities should be contacted to obtain the names of individuals who may be willing to participate in a simulation exercise. At a minimum, two individuals confined to wheelchairs and two individuals with a visual impairment should be asked to visit the courthouse.

Data Collection. A list of the simulation activities and a copy of Part II of Form 1.3.5 is given to each volunteer. (The information is provided verbally as well.) Each volunteer should attempt each activity and note the results of each simulation on Form 1.3.5. (Volunteers with visual impairments will need assistance in recording the results of the simulations.) Form 1.3.5 allows 15 simulations to be recorded. If more than 15 simulations are conducted, the form should be modified to accommodate the additional simulations. Each simulation should be started from outside the courthouse. Volunteers should record the length of time it takes to conduct each simulation, the ease with which the activities are accomplished, and any specific problems encountered.

After the volunteers have completed the simulations, court officials should schedule a meeting with them. During the meeting, the volunteers can compare their experiences with one another and discuss possible improvements for making the court more accessible to individuals with disabilities. Problems encountered in obtaining the resources to make improvements should be described, and both court officials and the volunteers should discuss possible options for overcoming the problems. Court officials may also choose to interview regular users of the court who have disabilities (such as court employees or attorneys) to discuss problems they encounter while working in the courthouse, as well as suggestions they have for improvements.

Data Analysis and Report Preparation. Court staff first review the answers to Part I of Form 1.3.5 and consider whether the court has adequately addressed the issue of access for persons with disabilities. To what extent are employees knowledgeable about policies and procedures related to accommodating persons with disabilities? Did the answers to these questions provide a favorable or unfavorable impression of the courthouse’s accessibility for all persons?

Next, court staff review the results of the simulation exercises. The average rating for "ease of conducting business" for all simulations is calculated. (If 4 volunteers each rated 15 simulations, the average would be based on 60 simulations.) The closer the average rating is to "1," the better the court is performing on this measure.

The average length of time needed to conduct each simulation also is calculated. Did some activities take longer than others? If so, what specific problems were encountered? Does an examination of all the simulated activities reveal that some areas of the courthouse are less accessible than others?

Using both the general information gathered in Part I and the more specific information gathered from the simulations in Part II, court officials should summarize where the most serious problems exist and develop an action plan (incorporating the volunteers’ suggestions, if possible) for alleviating the problems. If court officials have not already done so, they should refer to the Americans with Disabilities Act for suggestions and requirements when developing their plan.