U.S.

Department of Justice
Civil Rights Division

Disability Rights Section

P.O. Box 66738
Washington DC 20035-6738

NOV 15 1996 (STAMPED)

Mr. Morgan Ransdell
Assistant Attorney General
Commonwealth of Kentucky
Office of the Attorney General
P.O. Box 2000
Frankfort, Kentucky 40602-2000
Re: DOJ Complaint # XX

Dear Mr. Ransdell:

This letter is in reference to a complaint that was received

by this office alleging a violation of title II of the Americans
with Disabilities Act of 1990 (ADA) by the District Court of
Jefferson County, Kentucky (Court). Title II prohibits
discrimination against qualified individuals with disabilities in
the programs, services and activities of State and local
governments on the basis of disability.

The complainant alleges that the policy and procedures of

the Jefferson District Court do not provide equal communication
with individuals who have hearing disabilities as required by
28 C.F.R. 35.160. Specifically, it has been alleged that,
although the complainant requested the services of a sign
language interpreter prior to proceedings that were held on
December 3, 1993 and December 20, 1993, he was not provided with
an interpreter at either of these proceedings.

The Civil Rights Division has completed its investigation

of this complaint. We have reviewed the material submitted by both
the complainant and the Office of the Attorney General for the
Commonwealth of Kentucky. Although the complainant made a
request to the court administrator on December 2, 1993 for a sign
language interpreter for a proceeding that was to be held the
following day, an interpreter was not present for this
proceeding. However, because a witness did not appear to testify
at this proceeding, a motion for a continuance was granted and a
note was made on the docket to provide the services of an
interpreter at the next proceeding to be held December 20, 1993.

At the proceeding held December 20, 1993, the complainant's

attorney made it known to the court that they wished to postpone

cc: Records, Chrono, Shiraki, Morrow, Magagna, Wodatch

N:\UDD\ASHIRAK\JEFFERCT.CLS

01-00462

proceedings as they had been in negotiations with the District

Attorney's office in order to waive trial and to have his client
entered into the diversion program. The court granted a motion
for a continuance and documented that a sign-language interpreter
should be present for the next court proceeding.

Although the services of an interpreter were not provided at

these two motions hearings, the Court did act affirmatively to
determine whether the complainant would need the services of an
interpreter and to see that one would be provided for future
proceedings. Additionally, subsequent to the proceedings at
issue, the Kentucky Administrative Office of the Courts adopted
rules and procedures governing the appointment of qualified
interpreters for persons with disabilities who require such
services in order to participate in court proceedings.

Based on the information given above, we find that the issue

that was alleged by the complainant has been resolved by the
implementation of procedures by the Kentucky Court System
governing the appointment of qualified interpreters prior to our
investigation of the issue alleged. Accordingly, we have closed
our investigation of this complaint. If the complainant is
dissatisfied with these findings, he may file a private suit in
the appropriate United States District Court under title II.

We appreciate the cooperation of the Attorney General's

Office for the Commonwealth of Kentucky during the course of this
investigation. If you have any questions about this matter,
please contact Bill Shiraki at (202)305-1118.
 Sincerely,

Bruce Friedman
Supervisory Attorney
Disability Rights Section
Civil Rights Division

cc: Mr. XX

01-00463