SETTLEMENT AGREEMENT BETWEEN THE UNITED STATES OF AMERICA AND THE DISCIPLINARY BOARD OF THE SUPREME COURT OF PENNSYLVANIA OFFICE OF DISCIPLINARY COUNSEL DEPARTMENT OF JUSTICE COMPLAINT NUMBER This matter was initiated by a complaint filed under Title II of the Americans with Disabilities Act (ADA), 42 U.S.C.  12131-12134, with the United States Department of Justice (Department of Justice) against The Disciplinary Board of the Supreme Court of Pennsylvania, Office of Disciplinary Counsel First District (Office of Disciplinary Counsel). The complaint was received by the Civil Rights Division of the Department of Justice, under the authority of 28 C.F.R. Part 35, Subpart F. The complaint alleged that the Office of Disciplinary Counsel did not secure appropriate auxiliary aids and services to ensure that communication with the complainant was as effective as that provided to others. The Office of Disciplinary Counsel denies this allegation. The Department of Justice is authorized under 28 C.F.R. Part 35, Subpart F, to investigate fully the allegations of the complaint in this matter to determine the Office of Disciplinary Counsel's compliance with Title II of the ADA and the Justice Department's implementing regulation, issue findings, and, where appropriate, negotiate and secure voluntary compliance agreements. Furthermore, the Attorney General is authorized under 42 U.S.C.  12133, to bring a civil action enforcing Title II of the ADA should the Department of Justice fail to secure voluntary compliance pursuant to Subpart F. In consideration of the terms of this Agreement as set forth below, the Attorney General agrees to refrain from undertaking further investigation or from filing a civil suit in this matter. The parties to this Agreement are the United States of America and the Office of Disciplinary Counsel. The parties agree that this Agreement is not an admission of violation and should not be construed as an admission by the office of Disciplinary Counsel of any violation. In the interests of securing compliance by voluntary means, the parties hereby agree as follows: 1. The ADA applies to the Office of Disciplinary Counsel because it is a public entity as defined in the Department of Justice's regulation implementing Title II. 28 C.F.R.  35.104. - 1 - 01-07223 2. The subjects of this Settlement Agreement are a written policy, which is attached, that the Office of Disciplinary Counsel shall adopt upon the effective date of this Agreement. The policy requires that in those situations where the provision of interpreting services is necessary to ensure effective communication, the office of Disciplinary Counsel will, upon reasonable notice, secure qualified interpreting services. In addition, the office of Disciplinary Counsel shall establish and publish a Grievance procedure to allow the public prompt and equitable resolution for complaints of disability discrimination. 3. In order to ensure effective communication with members of the public who are deaf or hard of hearing in the Office of Disciplinary Counsel's programs, activities, and services, the office of Disciplinary Counsel agrees: a. To provide, at the office of Disciplinary Counsel's expense, appropriate auxiliary aids and services, including qualified interpreters, when necessary to afford a qualified individual with a disability an equal opportunity to participate in, and enjoy the benefits of, a service, program, or activity conducted by the Disciplinary Board. b. To give primary consideration to the requests of individuals with disabilities in determining what type of auxiliary aid or service is necessary. C. To notify individuals who are deaf or hard of hearing about the provision of auxiliary aids and services to ensure effective participation. The Office of Disciplinary Counsel will distribute this information through pamphlets, posters or other appropriate means. 4. In order to inform members of the public regarding the provisions of Title II and their applicability to the office of Disciplinary Counsel's programs, services and activities, the office of Disciplinary Counsel will publish, within 60 days of the effective date of this Agreement, the following notice or an equivalent, and place this notice as a temporary insert until incorporated during reprinting of the Pamphlet "Information About Complaint Procedures and Discipline of Lawyers": In accordance with the requirements of Title II of the Americans with Disabilities Act of 1990, The Office of Disciplinary Counsel of the Supreme Court of Pennsylvania will not discriminate against qualified individuals with disabilities on the basis of disability in the Office of Disciplinary Counsel's services, programs, or activities. The Office of Disciplinary Counsel will provide appropriate auxiliary aids and services, including qualified interpreters, whenever necessary to ensure effective communication with members of the public. - 2 - 01-07224 5. Within 60 days of the effective date of this Agreement, the office of Disciplinary Counsel pursuant to 28 C.F.R.  35.107 (a) and (b), shall adopt and publish a written policy which states the proper procedures an individual wishing to file a grievance should follow, including the name, telephone number and office address of the designated employee. 6. Beginning on the effective date of this Agreement, the Office of Disciplinary Counsel will instruct all of its employees to comply with the provisions of this Agreement. 7. The office of Disciplinary Counsel will provide a copy of the notice in paragraph 4 to any person upon request. 8. This document is a public agreement. A copy of this document or any information contained in it may be made available to any person. The Office of Disciplinary Counsel will provide a copy of this Agreement to any person on request. 9. The Department of Justice may review compliance with this Agreement at any time. If the Department of Justice believes that this Agreement or any requirement thereof has been violated, it may institute civil action seeking specific performance of the provisions of this Agreement in an appropriate Federal court. 10. Failure by the Department of Justice to enforce this entire Agreement or any provision thereof with respect to any deadline or any other provision herein will not be construed as a waiver of its right to enforce other deadlines and provisions of this Agreement. 11. The effective date of this Agreement is the date of the last signature below. 12. This Agreement constitutes the entire agreement between the parties on the matters raised herein, and no other statement, promise, or agreement, either written or oral, made by either party or agents of either party, that is not contained in this written Agreement, will be enforceable under its provisions. This Agreement is limited to the facts set forth in the first paragraph, and it does not purport to remedy any other potential violations of the Americans with Disabilities Act or any other Federal law. This Agreement does not affect the Office of Disciplinary Counsel's continuing responsibility to comply with all aspects of Title II of the ADA. - 3 - 01-07225 For the Office of Disciplinary For the United States: Counsel, Disciplinary Board of the Supreme Court of Pennsylvania: (Signature) (Signature) Ronald Whisonant __________________________ _____________________________ John L. Doherty JOHN L. WODATCH, Chief Chief Disciplinary Counsel Allison L. Nichol, Deputy Ronald Whisonant, Investigator Disability Rights Section U.S. Department of Justice P.O. Box 66738 Washington, D.C. 20035-6738 Date: 9/24/96 Date: 9/30/96 - 4 - 01-07226 MEMORANDUM FROM: Paul J. Burgoyne, Administrative Assistant to Chief Disciplinary Counsel TO: Disciplinary Counsel-in-Charge, All Districts Marcia J. Lieberman, District I Samuel D. Miller, III, District II Edwin W. Frese, Jr., District III Rose Marie Albarano, District IV TO BE ROUTED TO ALL STAFF RE: Accommodation People with Communication Impairments DATE: March 26, 1996 It is the practice of the Office of Disciplinary Counsel to extend reasonable accommodation to callers and Complainants who, by reason of communication impairments, are unable to communicate through normal channels. Examples of communication impairments are: - Language barriers (Spanish, Vietnamese, etc.) - Physical impairments (deafness, blindness, etc.) - Learning disabilities (mental retardation, dyslexia, dysgraphia, etc.) - Illiteracy Section 87.2 of the Rules of the Disciplinary Board states that complaints must be in writing and signed by the Complainant. This requirement is not waived as to Complainants with dis- abilities. However, when a Complainant identifies an impairment which interferes with the ability to prepare a written complaint, or when communications from or on behalf of the Complainant make it clear that the Complainant has such an impairment, the staff of the Office of Disciplinary Counsel should extend reasonable efforts to assist in the preparation of a written complaint. Reasonable efforts may include: - Personal or telephone interviews - Consultation with a concerned intermediary (family member, friend, social worker, counsel, etc.) - Employment of interpreters Once a complaint is received in written form, Disciplinary Counsel retain the discretion to determine whether personal or telephone interviews should be extended. Counsel may elect not to interview Complainants based on evaluation of the merits of the complaint as received in writing. However, the decision whether or not to conduct or direct followup interviews should be made on 01-07227 COMMUNICATION IMPAIRMENTS March 26, 1996 PAGE 2 the merits and not on the perceived inconvenience or difficulty of communication with the Complainant. If interviews are indicated, staff should not hesitate to employ reasonable accommodation including the employment of translators or interpreters, TDD communications through the Telecommunications Relay System (TRS), and other techniques of accommodation. If the expense of such accommodation is expected to exceed $ 50, counsel should submit Form TRAC-1 seeking approval of such services. Counsel should not hesitate to submit such requests in appropriate cases. In order to facilitate such communications, each Counsel in Charge shall designate a staff coordinator to compile and maintain a list of local translators and interpreters. The list should include at a minimum resources for translation of common languages including Spanish and American Sign Language interpretation for the deaf. All staff members shall be informed of the existence and location of this list and should be able to refer to it quickly at all times. The coordinator shall update the list on an annual basis and add new resources to it as she/he becomes aware of them. All callers seeking to communicate with the Office of Disciplinary Counsel by Telecommunications Devices for the Deaf (TDDs) should be referred to the Telecommunications Relay Service (TRS) of Bell Atlantic. This is a free service offered by Bell Atlantic to facilitate communication with parties using TDDs. Callers seeking to contact the Office of Disciplinary Counsel with TDDs should be directed to call TRS at 1-800-654-5984 and request connection to the appropriate District office. ODC staff seeking to call individuals using TDDs should call 1-800-654-5988, and be prepared to provide the TRS operator with the TDD number being called. Edwin R. Frownfelter, Senior Disciplinary Counsel in District III, has been designated as the Office of Disciplinary Counsel's Ombudsman for disabilities and language related issues. District staff should feel free to contact him for assistance in development of local lists and in dealing with communications issues. Staff are also encouraged to advise Mr. Frownfelter of any problems encountered as a result of contacts with Complainants with disabilities or linguistic/cultural barriers, in order to assist in the development and refinement of Office of Disciplinary Counsel policy with regard to such problems. 01-07228