Judge refuses to acknowledge hoh

lostgirl said:
I have been in touch with the Governor's Office of Disability Affairs and they say the same thing everyone else says0--that I need to get an attorney
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Yes but your Congressman may still be able to expedite things for you.

Some Congressmen are more responsive than others but most of them will help their constituents.
 
Reba said:
Yes but your Congressman may still be able to expedite things for you.

Some Congressmen are more responsive than others but most of them will help their constituents.
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I will give it a try!
Thanks!
 
That is not what due process is--you were denied due process.

One place to look for resources is National Association of the Deaf.

National Association of the Deaf

The might be able to refer you to a lawyer in your area who can help.
 
lostgirl said:
it is just a one room one person office (a justice of the peace) no court reporter, no secretary, no clerk of court, nothing--only him . he can get away with murder. I am so glad I recorded him
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That's why you should request accommodations ahead of time.

Did the judge know that you recorded him? If not, then you most likely can't use that recording against him.
 
Reba said:
That's why you should request accommodations ahead of time.

Did the judge know that you recorded him? If not, then you most likely can't use that recording against him.
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That is probably correct. However, if their happened to be a court reporter, it means she will have to purchase the transcript. She can use the transcript.
 
lostgirl said:
Since ADA is a federal law does the attorney have to be licensed in my state?
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When you bring in the DOJ, if they decide to take your case, they will not be representing you. They represent Uncle Sam. Uncle Sam sues the county. If Uncle Sam wins, you will usually be issued a right to sue.

You will most definitely win if Uncle Sam does.

However, the waiting period can take up to two years. I would follow Reba's advice about writing to your Senator. I would also find out if there is a State Sponsored Disability Rights Advocacy Center and set up an appointment pronto.
 
Reba said:
That's why you should request accommodations ahead of time.

Did the judge know that you recorded him? If not, then you most likely can't use that recording against him.
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i gave him a document that he signed concerning my response to the case and the fact that I was hoh AND I told him verbally several days before the first case.

I think recording is legal in LA.
 
Steinhauer said:
When you bring in the DOJ, if they decide to take your case, they will not be representing you. They represent Uncle Sam. Uncle Sam sues the county. If Uncle Sam wins, you will usually be issued a right to sue.



You will most definitely win if Uncle Sam does.
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Hmm, i really do need an attorney then
 
Reba said:
Really? I've never heard of a deaf person having to prove their deafness in order to request accommodations per ADA.

I'm not saying it doesn't happen. I'm just saying I hadn't heard that before.

I know proof is required in order to get certain benefits and services but I didn't know it was required for court accommodations.

Upon getting the initial court date, she should have contacted the court clerk to make arrangements such as FM system, CART transcription, computer terminals, oral transliterator, or whatever would work best for her. Then, the day before the court date, call the clerk again and verify that the arrangements have been made. If she shows up at court and the arrangements are not in place, she could request a continuance. (At least that's been my experience.)
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True. But she is mildly hard of hearing if I read right. So I think she needs to document to prove she needs the accommodation. Am I wrong?
 
Bottesini said:
True. But she is mildly hard of hearing if I read right. So I think she needs to document to prove she needs the accommodation. Am I wrong?
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I think you might be right. Who is she proving this to?
 
Bottesini said:
True. But she is mildly hard of hearing if I read right. So I think she needs to document to prove she needs the accommodation. Am I wrong?
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Actually I am moderate to severe with about 50% speech comprehension. I do a lot of lipreading to keep up
 
lostgirl said:
Thank you!
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your welcome - here is another link:

Home - Advocacy Center


The Advocacy Center is Louisiana's protection and advocacy system. Federal law requires that a protection and advocacy system operate in every state to protect the rights of persons with mental or physical disabilities. The Advocacy Center is also funded by the state to provide legal assistance to people residing in nursing homes in Louisiana, as well as to residents 60 years and older of Orleans, Plaquemines and St. Tammany Parishes (counties); and to advocate for the rights of group home residents. Among the diverse services offered are legal representation, information and referral, outreach and training.

The organization is a tax-exempt, private non-profit corporation organized in 1978 and governed by a volunteer Board of Directors. It is based in New Orleans with branch offices in Baton Rouge, Lafayette, and Shreveport.

The Advocacy Center is a network of people including a staff of approximately 60-member paid staff including lawyers, paralegals, advocates, social workers, ombudsmen, and support and administrative personnel; a 20-member Board of Directors, representing the various geographical areas of the state as well as different disability and aging interest groups and related professions; a 10-member Advisory Council, which gives input and advice to our mental health advocacy program; volunteers; clients, and other supporters.

We are people with and without disabilities. Some of us are family members of people with disabilities. Some of us are elderly.
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If you expect to be in a state or local court for any reason, you or your lawyer must contact the court in advance to request the accommodations that are necessary for you to participate in and understand the court proceedings. The Americans with Disabilities Act (ADA) requires state and local courts to provide qualified interpreters, real-time captioning (also called CART), assistive listening devices, or other auxiliary aids or services necessary to ensure effective communication with you. State and local courts are not required to provide accommodations that would fundamentally alter the court’s services or that would result in an undue financial and administrative burden. When a requested accommodation would result in a fundamental alteration or undue burden, the court must take any other action it can to ensure that communication with you is as effective as possible. State and local courts may not charge you for the cost of providing the accommodation that is necessary for you to understand or participate in the court proceedings.
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Courts | National Association of the Deaf
 
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