NEW BRIEF — Our Hands Are Tied: Barriers to Full Participation in Court for Deaf People in Cook County
In our newly published brief, Our Hands Are Tied: Barriers to Full Participation in Court for Deaf People in Cook County, Chicago Appleseed explores the common experiences of deaf people navigating the legal system and proposes how we can create policies that ensure deaf people have the ability to fully participate and access the entirety of their legal rights.
Deaf people routinely experience audism, a form of discrimination that manifests in both interpersonal relationships and institutions. The federal Americans with Disabilities Act (ADA) protects deaf and hard of hearing people from discrimination and entitles them to appropriate services and auxiliary aids within government institutions such as the courts. However, these protections are only effective if deaf people are able to access them; instead, they face multiple barriers to accessing these rights in both civil and criminal courts.
While none of us anticipate being in court, we end up there for a variety of reasons: divorce, traffic tickets, contract disputes, and criminal cases, to name a few. As difficult as the legal system is to navigate, it is important to ensure that protections are exercised for vulnerable populations. Access to high-quality interpretation is essential for deaf people to fully participate in the legal process, whether they are a litigant, witness, or other interested party.
However, there are significant barriers that prevent deaf people from accessing the best accommodations for them in the courts. For example, it is common to use two interpreters: one to interpret the court proceedings and another to interpret all out-of-court legal processes, such as confidential communications with their attorney, depositions, or mediations. As a result, even in jurisdictions like Cook County that have relatively robust resources for deaf people navigating the legal system, deaf people often struggle to find an attorney willing to take their case. Many attorneys do not want to pay for the interpretation services necessary, even though they are legally required to do so.
The Circuit Court of Cook County has made important steps towards making the legal system accessible to deaf people by creating the Deaf and Hard of Hearing Access Department. This department is unique in the United States and makes Cook County a leader in services for deaf litigants. Unfortunately, lack of knowledge of available resources still presents barriers for deaf people navigating the legal system.
Read the brief to learn more about the barriers deaf people face in the courts and what recommendations we have to improve their access to the courts at the county and state level.