How a Denied Request can be Appealed
If your accommodation request has been denied, you can seek review of that decision. The review will either be judicial or administrative, depending on who denied your request:
If denied by a judge or judicial officer the denial may only be reviewed through the regular process of judicial review. The ADA Coordinator or court executives may not review a judge’s or judicial officer’s decision.
If denied by the ADA Coordinator or Court Administration, the denial can be appealed by the process described below. The process described below is NOT for reviewing a decision by a judge or judicial officer.
If you have received a Denial of Accommodation by the ADA Coordinator or court administration, you can have that decision reviewed by submitting an ADA Appeal for Reconsideration Form or a written statement. If you don’t use the ADA Appeal for Reconsideration Form, your written statement must include:
• Your name, address, e-mail address and telephone number.
• The name of the court or court facility where you wanted the accommodation.
• An explanation of why the decision was wrong and why it should be reconsidered.
• A statement of the desired remedy or the solution requested.
• A copy of the Denial of Accommodation form.
Whether you use the form or a written statement, you must submit the appeal request no later than ten (10) days after the date of the written denial, by mail, or email to the addresses shown above. The ten-day filing deadline may be extended by the Presiding Judge for the showing of good cause. Alternative means of filing the Appeal for Reconsideration, such as in an audio format, may be permitted if deemed appropriate by the Presiding Judge. You may submit additional relevant information or documents that were unavailable to you at the time you requested the accommodation. The Presiding Judge will review the appeal and will review any information or documents that you have submitted or that otherwise relate to the denial decision. If the Presiding Judge decides more information is needed, the Presiding Judge may request, obtain, and consider additional information.
To the extent possible, the Presiding Judge will issue a decision in writing or, where appropriate, in a format accessible to the person making the appeal, within 30 days of the date the appeal was filed. The Presiding Judge may affirm, modify, or reverse the denial of the ADA Coordinator or court executive denial of the accommodation request.
