elderjustice.nycourts.gov

Elder Friendly Courtroom

An accessible courtroom is essential to ensuring that all older adults are fully able to participate in court proceedings.

Ms. A, an older adult with limited mobility had experienced physical and emotional abuse from her son and was seeking an Order of Protection. When testifying, due to issues with her dentures, Ms. A was constantly moving her mouth. The judge misinterpreted her movement as chewing and asked Ms. A to spit out her gum. Not understanding the direction, Ms. A took out her dentures and held them in a napkin.

These subtle misunderstandings have a dramatic impact on the experience of the older adult and potentially the outcome of the hearing.

The following list provides examples of initial steps that could be taken to increase courtroom accessibility for older adults.

Considerations for the Physical Space

Forms and instructions in larger and easy to read font*
Accessible water
Minimal background noise
Non-glare, non-buzzing lighting
Microphones, pocket talkers, magnifying glasses, and other assistive devices
Sturdy chairs with arms and without wheels
Tables with rounded corners and at a comfortable height to avoid excessive reaching
Trauma-informed sensory tools (see also: The GO Bag: Trauma Informed Tools for the Court)
Access to resources from local offices for the aging, NY Connects, and Adult Protective Services
Accessible routes throughout the courthouse
Accessible parking and entrances

Considerations for the Judge

Maintain a tone of respect, flexibility, and sensitivity to the older adult’s needs, seen or unseen
Consider use of technology, including Skype, remote appearances, and e-filing*
Sensitivity to limited accessible transportation, including Access-a-Ride, which can impact timeliness beyond the litigant’s control
Seat witness in an appropriate place to accommodate physical and medical needs
Explain the case procedure and timeline
Schedule time certain appearances
Seek to accommodate medical needs, including use of bedside or hospital hearings
Seek to accommodate fluctuations in capacity and mental alertness when calendaring cases

Considerations for Courtroom Personnel

The right to access available legal resources.
Provide water
Maintain a tone of respect, flexibility, and sensitivity to the older adult’s needs, seen or unseen
Facilitate accessible routes throughout the courthouse
Assist with seating and moving about the courthouse (ex: conscious of heavy doors and changes in lighting that may impact vision)
Speak directly to the older adult
Explain the courtroom layout and role of the court staff
Provide appropriate seating for testifying older adult
Sensitivity to limited accessible transportation, including Access-a-Ride, which can impact timeliness beyond the litigant’s control

* Please also see the New York State Unified Court System’s Americans with Disabilities Act and the Courts guide at: http://ww2.nycourts.gov/sites/default/files/document/files/2018-11/17_ADA-Judge_Training.pdf

Sources:

Center for Court Innovation, New York State Office of Court Administration’s Office on Policy and Planning, and New York State Judicial Committee on Elder Justice, How Can Courts Enhance Elder Justice? (2020).

Weinberg Center, GO Bag: Trauma Informed Tools for the Court (Dec. 2020).

Eleazer Courtroom: Access and Justice for All™, Stetson Univ., https://www.stetson.edu/law/academics/elder/home/eleazer-courtroom.php

David Godfrey et al., Checklist for an Elder-Friendly Law Office (2012).