So I just got denied an interpreter by the circuit court judge

So I just got back from my court meeting and, needless to say I am pissed the fuck off. I was just told my a judge, even though the law is on my side that I am not going to get an interpreter to take some classes for my probation. He said that I've shown him that I can read lips well enough because of our dialogue in court.

I explained to him very clearly that I am not really hearing that much of what he's saying, but I do my best to read lips. He said that we had been doing just fine so that he'll provide "reasonable accommodations." So I got a reserved seat right up front and the teacher gets a heads-up to make sure she's facing me.

Frankly I'm pissed off and I don't know where to go from here. I can't really afford an attorney, and I need this taken care of ASAP because I have to pass tests for this class and I have to go every Thursday for the next 6 months and pay $40 bucks each week I go.

I think it's insulting that the judge is going to make assumptions about what I can and cannot do and refuse an interpreter when I have to pay $40 bucks to attend a court ordered class which they want me to learn something. How the fuck am I gonna learn anything if I can't hear anything?

Would go ahead and seek a deaf avocate.

And contact an ADA attorney. Your rights have been violated and the judge is way off! He can not dianose how much you can and can not understand. The judge is not a qualified medical professional to say such things.

Good luck!! because you do have a long battle ahead of you.

By you posting here will make more people aware.

Call your local news station. Sometimes their investigation draws the right attention.

Nothing like seeing someone being exposed by the media!!

Where do you attend the classes? The agency providing the classes might be responsible for providing a terp.

I interpreted for "Defensive Driving Classes" in the past. Those are court-ordered classes for people who have too many driving points or traffic offenses. The classes were taught by a safety officer from the police department but were held as continuing ed classes in the local tech college facilities. Therefore, the college paid me to interpret.

Can you try that approach?

I requested the same thing from the woman running the classes. She said that she was not responsible for that and if I wanted an interpreter that I was required to provide my own.

She said that the best she could do is refer me to a psychologist which I'd have to pay like 100-200 an hour to see.

But if that's her way of making a "reasonable accommodation" shouldn't she be responsible for paying for that reasonable accommodation?

MikeJ said:

I requested the same thing from the woman running the classes. She said that she was not responsible for that and if I wanted an interpreter that I was required to provide my own.

She said that the best she could do is refer me to a psychologist which I'd have to pay like 100-200 an hour to see.

But if that's her way of making a "reasonable accommodation" shouldn't she be responsible for paying for that reasonable accommodation?

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something is not right with this story here. this suxs too

MikeJ said:

I requested the same thing from the woman running the classes. She said that she was not responsible for that and if I wanted an interpreter that I was required to provide my own.

She said that the best she could do is refer me to a psychologist which I'd have to pay like 100-200 an hour to see.

But if that's her way of making a "reasonable accommodation" shouldn't she be responsible for paying for that reasonable accommodation?

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I say that she is wrong, and she's blowing smoke hoping that you won't call her on it.

Where are the classes held? I don't mean the exact name but what kind of place? Hospital, college, social services? The facility itself might be responsible for providing a terp.

However, if you do have to go to a psychologist, you would be entitled to a terp for that service, too.

If I had more information, I could give you more specific advice but I know this forum is too public for sharing personal stuff.

Well the classes are held in the court house. I'm just trying to figure out who's responsible for paying for my interpreter so I can get on it. I ain't playing games with 'em. They may think so, but I'm not.

I forgot to mention that part of the issue is that I waived my rights to an interpreter due to frusturation when I was going through the system for my charges 2 years ago. An interpreter was ordered on my behalf and everytime I'd show up, there was no 'terp so I just said "fuck it, let's do it anyway"

MikeJ said:

I forgot to mention that part of the issue is that I waived my rights to an interpreter due to frusturation when I was going through the system for my charges 2 years ago. An interpreter was ordered on my behalf and everytime I'd show up, there was no 'terp so I just said "fuck it, let's do it anyway"

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yike.... because you waived your rights for interpreter.... you're basically screwed. The judge is technically right that because you were able to have a dialogue with him... he feels that you do not need interpreter. All you have to do is sit up front and lipread. That is the "reasonable accommodations."

Unfortunately - the law does NOT specify that they are required to provide you the "best" service available for you. As long as it is "reasonable".... they have not broken any law. If you were having a great difficulty in communicating with judge.... to the point where communication is impossible without having an interpreter, then yes you do have a case.

sounds like you'll need a lawyer... I don't know. You can pursue this on your own but it is very difficult and very time-consuming. Have you tried calling ADA hotline?

MikeJ said:

I forgot to mention that part of the issue is that I waived my rights to an interpreter due to frusturation when I was going through the system for my charges 2 years ago. An interpreter was ordered on my behalf and everytime I'd show up, there was no 'terp so I just said "fuck it, let's do it anyway"

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I'm not sure that your waiver is perpetual. You waived a terp for that particular session. I don't think it's binding forever. For example, your lipreading abilities might have deteriorated since then.

Reba said:

I'm not sure that your waiver is perpetual. You waived a terp for that particular session. I don't think it's binding forever. For example, your lipreading abilities might have deteriorated since then.

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exactly my thought but it appears that Judge is trying to pull a quick one to dismiss him.

Well I did ask where my interpreter was each time I went to court. It was just when they didn't have one there I said "let's just do it anyway." Better than going back to jail and coming back at a later date for the same hearing.

Reba said:

I'm not sure that your waiver is perpetual. You waived a terp for that particular session. I don't think it's binding forever. For example, your lipreading abilities might have deteriorated since then.

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I am sure it is not perpetual. I would take out my trusty notepad and write down a request for an interpreter. That paper then becomes a court document. The interpreter has to be one qualified for court, Level Four at least, etc. Other than that, I do not know what comes after, since I do not know enough about this case. I mean, what if the judge sentences the person to substance abuse meetings? Will they provide interpreting for those? I bet it can be done if you have the attitude that you need it. The only question in my mind is the attitude here. Orally representing yourself in court is an attitude that would get you nowhere, and so are doing without interpreters in meetings with your probation/parole officer. I am sort of surprised you have this problem but wish you luck.

MikeJ,

Please, please, please, get on the NAD website, and contact one of their legal advocates pronto. Also, file a complaint with the Dept. of Justice.

Being able to speech read a judge in a court room, and understand a teacher in a classroom are two very different situations. If the judge doesn't want to recongize this, take it to the next level. Official complaints against the judge and the county judicial system. And an attorney to take it to the next court.

Don't give up the fight.

My buddy's mom is the president of the IAD Board, so I sent her an email and informed him what was up. He's going to talk to her for me too.

I've done pretty much everything that you've suggested, I hope my many posts about other things aren't making you think otherwise, I'm just trying to cover all the bases here. I want to do everything i can do, regardless of how childish it may seem (refusing to speak, if I can) to get my point across.

I asked a deaf lawyer and his reply was:
"technically federal courts are not under the Rehabilitation Act of 1973 even though they are the recipients of federal financial assistance. State and local courts are under the ADA, yes." see if the courthouse has an interpreters (all foreign languages, etc).

MikeJ said:

My buddy's mom is the president of the IAD Board, so I sent her an email and informed him what was up. He's going to talk to her for me too.

I've done pretty much everything that you've suggested, I hope my many posts about other things aren't making you think otherwise, I'm just trying to cover all the bases here. I want to do everything i can do, regardless of how childish it may seem (refusing to speak, if I can) to get my point across.

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DURAY said:

I asked a deaf lawyer and his reply was:
"technically federal courts are not under the Rehabilitation Act of 1973 even though they are the recipients of federal financial assistance. State and local courts are under the ADA, yes." see if the courthouse has an interpreters (all foreign languages, etc).

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there you go.

Jiro said:

there you go.

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Yep, and since the circuit court to which MikeJ was referring, it is a state court and therefore, falls under the ADA.

jillio said:

Yep, and since the circuit court to which MikeJ was referring, it is a state court and therefore, falls under the ADA.

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I knew federal government & military are exempted from handful of federal laws (which is something I don't like but I understand). I hope MikeJ gets his justice.