The Constitutional Framework
Access to court is not a courtesy. For defendants with disabilities, it is a constitutional requirement backed by both federal and Michigan law. The failure to provide meaningful access is not just an accommodation lapse — it is a due process violation.
No state shall deprive any person of life, liberty, or property without due process of law, nor deny any person within its jurisdiction equal protection of the laws. Read the 14th Amendment ?
In all criminal prosecutions, the accused has the right to a fair trial and effective assistance of counsel — rights that are meaningless if a defendant cannot hear or follow the proceedings against them. Read the 6th Amendment ?
Full and equal utilization of public services — including courts — without discrimination because of a disability is a guaranteed civil right under Michigan law. Read MCL 37.1102 ?
The ADA requires courts to provide reasonable modifications and auxiliary aids and services — including interpreters, captioning, and assistive hearing devices — to ensure equal participation. Michigan Courts ADA guidance ?
What Courts Are Required to Provide
Accommodations are not optional amenities. They are legally mandated tools that allow defendants to exercise rights they already have. For people with mobility impairments, that means ramps, elevators, and accessible parking. For hearing-impaired defendants and court participants, it means:
For deaf defendants, interpreters must be provided for all court proceedings at no cost to the individual.
Courts must provide or facilitate access to assistive listening technology when a defendant’s own devices are inadequate or fail.
For individuals who cannot benefit from audio amplification, real-time captioning of proceedings may be required as a reasonable modification.
When a defendant signals that they can no longer hear proceedings, the court has an obligation to pause and address the failure — not continue as if nothing has changed.
What You Can Do: A Step-by-Step Action Guide
If you or someone you know has been denied accommodations in a Michigan court, these are the concrete steps available — in order of immediacy.
Every Michigan county has a designated ADA coordinator. Submit your accommodation request in writing before the hearing date and keep a copy. For Barry County specifically: Barry County ADA Coordinator ?. A written request creates a paper trail. A verbal one can be denied or forgotten.
Ask a court watching team or trusted people to attend and document everything that occurs. Multiple witnesses corroborate your account and typically improve courtroom behavior. If devices fail, have someone note the exact time and what was happening in the proceedings.
If you are deaf or hard of hearing and have been mistreated in a Michigan court, this division exists specifically to address your situation. Contact the Division on Deaf, Blind and Hard of Hearing ?
A formal MDCR complaint triggers an investigation. This creates an official record that can support subsequent legal action and puts the county on notice. File an MDCR Complaint ?. Document dates, names of court staff present, what accommodation was denied, and exactly what happened.
