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Jury

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0% found this document useful (0 votes)
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Jury

Copyright
© © All Rights Reserved
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Available Formats
Download as PDF, TXT or read online on Scribd
You are on page 1/ 18

THE

ANSWER
BOOK
FOR
JURY
SERVICE
FOR JURORS IN THE CIRCUIT
COURTS OF THE
COMMONWEALTH
THE
ANSWER
BOOK
FOR
JURY
SERVICE

The Future of Bean & Harlow

COPIES OF THIS PUBLICATION MAY BE OBTAINED FROM


THE OFFICE OF THE EXECUTIVE SECRETARY
SUPREME COURT OF VIRGINIA
100 NORTH NINTH STREET, THIRD FLOOR
RICHMOND, VIRGINIA 23219
MESSAGE FROM THE SUPREME COURT OF
VIRGINIA

Jury service is one of the most important responsibilities


that you will exercise as a citizen of your community and
this Commonwealth. As the number of cases filed in
Virginia's courts continues to increase each year, your
service as a juror becomes more essential than ever.
Jury service is not only the responsibility of all qualified
citizens, but also an opportunity to participate directly in
the administration of justice and contribute to our
diverse communities. Trial by jury is one of the essential
rights of American democracy and serving as jurors
reminds us all that these rights exist only as long as
individual citizens are willing to uphold them.

So that you can familiarize yourself with the trial


process in advance, this booklet contains explanations
about the different parts of a trial. This booklet explains
the differences in civil and criminal trials, and provides
insight into both the sequence of a trial and the role of a
juror. As you embark on such an important task, please
remember to listen to the evidence presented at a trial,
decide the facts, apply the law to the facts as instructed
by the judge, and render a fair and impartial verdict.

You do not have to possess a legal education or special


skill to be a juror. A juror needs only to be fair,
impartial, willing to listen, and willing to keep an open
mind. We recognize that jury service interrupts other
important obligations in your life, and we appreciate the
sacrifice that jury service often entails. If you are
selected to serve, we trust that you will find your service
to be interesting and rewarding.

Thank you for your service.

3
PART I:
GENERAL INFORMATION

How was I chosen for jury your jury service can be deferred.
service? If you feel that you can’t perform
your jury service at this time, call
Potential jurors are selected
the number listed on your
randomly by the jury
summons to discuss your
commissioners using lists
situation.
designated by the courts, such as
the voter registration list and the You won’t be excused because
driver’s license list. In some your jury service is inconvenient
courts, this is done by hand, and or because you have a busy
in others, it is done by computer. schedule, but you may be for
Either way, the selection method reasons such as a physical
is designed to produce a cross ailment. If you have special
section of the community. Men conflicts on a particular day
and women over 18 years of age during the term, the court may
and from all walks of life have an excuse you on those days.
equal opportunity to be called for
jury service. What about my job?

Do I have to respond to the Your employer can’t fire, demote,


summons to jury service? or otherwise penalize you for
missing work while performing
Yes. The summons to jury jury service. If you have been
service is an official court summoned and appear for jury
summons. If you do not respond, duty for four or more hours in one
you could be held in contempt of day, including travel time, your
court! employer may not require you to
start any work shift that begins at
What if I can’t perform jury
service right now? or after 5:00 p.m. on the day you
appeared for jury duty, or to start
Your term of jury service might any work shift that begins before
disturb your regular pattern of 3:00 a.m. on the day following the
work and other activities. If this day you appeared for jury duty.
disruption causes you genuine Many employers will continue to
hardship, not just inconvenience, pay your salary while you are in
it may be possible for you to jury service. Contact your
defer your service to another employer to find out what the
time. However, this is done only policy is at your job.
in cases of extreme hardship or
need. The judge decides whether
4 - THE ANSWER BOOK FOR JURY SERVICE
Will I be reimbursed for serving during jury service.
on a jury?
Additionally, you will learn
You are entitled to payment in an about your role as a juror
amount set by the state and what you should and
legislature for attendance for should not do while in the
each day you must report to the courthouse or serving on a
courthouse. jury.

How long will I be in jury What hours will I serve?


service?
You should report to the
Jurors serve for one term of court at the date and time
court. Depending on where shown on your jury
you live, your term may be summons. At that time, you
up to four months. Your will be told the procedure for
summons will indicate the reporting to the court for the
length and exact dates of rest of the term and the
the term you will serve. court’s normal business
hours. On days that you
What if an unexpected
report for jury service, you
emergency keeps me from
can expect to be at the court
coming to the courthouse
during its normal hours. If
while I’m on a jury?
not selected for a jury, you
It is very important that all may be able to leave early.
jurors report each day they Jurors will be given a lunch
are told to report and that break and may be given
they be on time. Your other breaks during a trial.
absence may delay a trial. If On occasion, a trial will
you have an emergency continue beyond the court’s
(such as a sudden illness or normal working hours. If this
a death in the family), call happens, you may need to
the court immediately. arrange your schedule to
allow you to stay longer.
How will I know what to
expect and what to do
during my jury service?
Jurors play an essential
In addition to the role in the trial of civil
information in this answer and criminal cases.
book, most courts provide Although many people
an orientation program for do not know what to
jurors to inform and educate expect from jury
them about jury service and
service, most look back
the trial process. The
upon it as a rewarding
orientation will inform you of
experience. Jury
the procedures for checking
service is a tangible,
in on the days you must
report to the courthouse, challenging, and
how you find out when to indispensable
report, what the court’s contribution to our
hours are, and what to do if country.
you have an emergency

GENERAL INFORMATION - 5
I have heard that jury (the reasons for this are
sometimes jurors are not explained in the next
allowed to go home until section). So bring a book,
after the trial is over. Will some needlework, or other
this happen to me? quiet activity; solve a
crossword puzzle; write a
Usually, jurors go home at letter; sketch a picture; or
the end of the day and get to know your fellow
return the next morning. jurors. Remember that as a
However, in extremely rare juror, you are a vital part of
cases, a jury will be the court system. Part of
“sequestered” during the the job of many court
trial or during the jury’s employees, such as the
deliberations. Sequestered bailiffs and the clerks, is to
means that instead of going help make your jury service
home at the end of the day, comfortable and convenient.
jurors stay in hotels, where Don’t be afraid to ask them
their access to other people for help.
and to radio and television
news or newspapers is
limited. This is usually to
keep them from accidentally
hearing something about the
trial that wasn’t told in court
or from being influenced by
news reports. This is Trial by jury – being
important because jurors judged by our
must reach their decisions neighbors – is at the
based only on what they’ve very heart of American
heard during the trial. In justice. For the
almost all Virginia jury trials, American citizen there
however, the jury goes home is no finer contribution
at the end of each day and
to our democratic
is simply told not to discuss
society than serving as
the case with anyone nor to
a juror.
watch, read, or listen to
news reports about the
case. It is essential that you
follow these instructions.

Is there anything I can do


to make my jury service
more comfortable,
convenient, and
enjoyable?

Certainly! While efforts are


made to reduce delay and
avoid waiting time, you may
have to wait awhile at the
courthouse before you find
out whether you have been
chosen to actually sit on a
6 - THE ANSWER BOOK FOR JURY SERVICE
PART II:
SELECTING JURIES FOR TRIALS

Is it possible that I might report The judge will ask if you are
for jury service but not sit on a related to anyone involved in the
jury? case, have any financial interest
or other interest in the outcome of
Yes. The parties involved in a
the case, have formed or
case generally seek to settle their
expressed an opinion, or have
differences and avoid the
any personal bias or prejudice
expense and time of a trial.
that might affect how you decide
Sometimes the case is settled
the case. If you don’t think you
just a few moments before the
can make a fair and impartial
trial begins. So even though
decision for any reason, you
several trials are scheduled for a
should tell the judge at this time.
certain day, the court doesn’t
know until that morning how The attorneys for each side might
many will actually go to trial. But also ask you some questions. If
your time is not wasted – your the judge concludes that you may
very presence in the court not be able to make a fair
encourages settlement. decision, you will be asked to
step down, and another
How are jurors chosen to sit on
prospective juror will be brought
a jury in a civil case?
in to replace you. After the judge
When a trial is ready to begin, the decides that all potential jurors
bailiff calls potential jurors into the are qualified to fairly and
courtroom. Generally, if damages impartially hear the case, the
of $25,000 or less are claimed in clerk will compile a list of jurors
the case, 11 jurors will be called, and give it to the attorneys. Each
and if damages of more than side will remove three names
$25,000 are claimed, 13 jurors from the list. They do not have to
will be called. The clerk or bailiff give reasons for removing these
asks the potential jurors to stand, names. The remaining jurors then
hold up their right hands, and swear that they will hear the case
swear or affirm that they will and give a verdict they believe to
truthfully answer the questions be true. The trial is ready to
about to be asked of them. If you begin.
are called as a potential juror, the
judge will then tell you the names
of the parties and their attorneys
and briefly explain the nature of
the case.
SELECTING JURIES FOR TRIALS - 7
Why are some jurors removed before the jury retires to the
from the list? jury room to decide the
case, the judge will excuse
Allowing both sides to participate from further jury duty
in selecting the jury gives the enough jurors to reduce the
parties the opportunity to feel that number of jurors to the
the jury will be fair and impartial statutory number needed to
when it decides the case. Being decide the case.
excused from a jury in no way
reflects on your character or your
competence as a juror, so you
should not feel offended or
embarrassed if your name is
removed.
Trials begin with jury
How are juries chosen in selection. Names are
a criminal case? randomly selected from
The procedure for criminal those on jury service to
cases is very similar to the form a panel from which
procedure for civil cases. the trial jury will be
However, the numbers of selected. The judge
prospective and final jurors excuses those on the
vary based on whether the panel whose knowledge
case is a misdemeanor or a of the people or
felony. (The difference circumstances would
between a felony and a affect their impartiality.
misdemeanor case is
described in the next
section.)

What are alternate jurors?

Sometimes, when the judge


believes that a case is likely
to last for more than a day
or two, additional jurors will
be chosen from those
summoned for jury duty,
questioned, and challenged
like other prospective jurors.
The additional jurors are
chosen to avoid having to
retry the case should one or
more jurors be excused from
the jury during the trial for
an emergency (such as
illness), leaving too few
jurors to decide the case.
Throughout the trial, all
jurors will sit together,
paying careful attention to
all the evidence. After
closing argument, and
8 - THE ANSWER BOOK FOR JURY SERVICE
PART III:
THE TRIAL
What are my responsibilities dispute probably wouldn’t be
now that I’m part of a jury? in court, and a jury probably
wouldn’t be needed. Your
In any trial, two kinds of
job is to listen to all the
questions will have to be decided
testimony, consider all the
at various times. These are
evidence, and decide what
questions of law and questions of
you think really happened.
fact. The judge decides the
questions of law. You decide the Who else will be in the
questions of fact. After you have courtroom? What will they
decided the questions of fact, you be doing?
will apply the law to the facts as
directed by the judge at the end A number of people will be
of the trial. in the courtroom besides the
judge, the jury, and the
What is a “question of law?” attorneys. The list below
explains who they are and
Questions of law involve the
what they’ll be doing:
determination of what the law is.
They may be about procedural Plaintiff (civil case). In a
matters (what information can be civil case, a person who
admitted as evidence, what kinds brought the case to court is
of questions can be asked, which called the plaintiff.
witnesses can appear, and what
they can testify about), or they Defendant (civil case). A
may involve questions of person being sued in a civil
substantive law, which create, case is called the
define, and regulate the rights of defendant.
parties.
Defendant (criminal case).
What is a “question of fact?” In a criminal case, a person
who has been charged with
Quite simply, it’s deciding what a crime is the defendant.
really happened in a case. Don’t
be surprised if the evidence given Attorneys or counsel.
by both sides is conflicting or if Attorneys representing the
the testimony given by one plaintiff, defendant, or the
witness contradicts another. After government in a criminal
all, if everyone was in agreement case are also referred to as
about what happened and what counsel. Depending on who
should be done about it, the they represent and what
THE TRIAL - 9
court you are in, you may representing himself or
hear them called counsel for herself in the trial. Both
the plaintiff, plaintiff’s attorneys may make opening
attorney, counsel for the statements explaining their
defendant, defendant’s client’s position and
attorney or defense outlining the evidence they
attorney. An attorney expect to present that will
representing the government support their claims. These
in a criminal case is called statements are not evidence
the prosecuting attorney or and should not be
Commonwealth’s attorney. considered as such. The
witnesses for the plaintiff
Court Reporter. The court
are then called and
reporter keeps the official
questioned by the attorney
record by recording every
for the plaintiff and cross-
word spoken during the trial.
examined by the attorney for
Bailiff. The bailiff keeps the defendant. After cross-
order, maintains the security examination, the plaintiff’s
of the court, and helps the attorney may reexamine
judge and jury as needed. some of the witnesses. After
all the plaintiff’s witnesses
Clerk of court. The clerk of have been called and all of
court, also called the clerk, the plaintiff’s evidence has
maintains the court files and been presented, the
preserves the evidence attorney will tell the judge
presented during the trial. that the plaintiff rests.
The clerk may also
administer the oaths to Witnesses for the defendant
jurors and witnesses. may then be called. This
time, the defendant’s
Witnesses. Each side in a attorney questions the
trial will probably have a witnesses, and the plaintiff’s
number of witnesses who attorney cross-examines
have information about the them. When all the
dispute. Very often, the defendant’s witnesses and
judge will ask them to wait evidence have been
outside the courtroom until presented, the defense will
it is their turn to testify. This also rest. After the
is done so they won’t hear defendant has finished, the
each other’s testimony and plaintiff has the right to offer
be influenced by it. testimony in reply.
What happens during a Out of the presence of the
civil trial? jury, the judge and the
attorneys will consider the
After the clerk or bailiff has
instructions the judge will
sworn in the jury, the case
give the jurors about the law
is ready to begin. If a
of the case. After the judge
plaintiff or defendant is pro
has decided on the
se, that is not represented
instructions, the judge will
by an attorney, then that
read the jury instructions to
party will perform the tasks
the jury and then the
of the attorney while
10 - THE ANSWER BOOK FOR JURY SERVICE
attorneys make their closing What are jury
arguments. The closing instructions?
arguments let each attorney
Jury instructions tell the jury
tell the jury what they think
what the laws are that
the evidence proves and
govern a particular case.
why their client should win.
Each attorney gives the
These closing arguments
judge a set of proposed jury
may help jurors recall many
instructions. The judge
details of the case, but they
considers each instruction
are not evidence. The
and gives the ones that
plaintiff’s attorney speaks
properly state the law that
first, followed by the
applies to the case. The
defendant’s attorney.
jurors must accept and
Finally, the plaintiff’s
follow the law as instructed
attorney speaks again and
by the judge even though
closes the case.
they may have a different
idea about what the law is
or ought to be.

Sequence of a Trial
I. Selection of a Jury
II. Opening Statements
A. Plaintiff’s attorney (or prosecuting/Commonwealth’s
attorney for a criminal case)
B. Defendant’s attorney
III. Testimony of Witnesses and Presentation of
Evidence
A. Plaintiff’s attorney (or prosecuting/Commonwealth’s
attorney for a criminal case)
1. Direct examination of plaintiff’s witnesses by
plaintiff’s attorney
2. Cross-examination of plaintiff’s witnesses by
defendant’s attorney
3. Redirect examination of plaintiff’s witnesses by
plaintiff’s attorney
B. Defendant’s attorney
1. Direct examination of defendant’s witnesses by
defendant’s attorney
2. Cross-examination of defendant’s witnesses by
plaintiff’s attorney
3. Redirect examination of defendant’s witnesses by
defendant’s attorney
IV. Selection and Preparation of Jury Instructions
V. Jury Instructions Presented to the Jury
VI. Closing Arguments
A. Plaintiff’s attorney (or prosecuting/Commonwealth’s
attorney for a criminal case)
B. Defendant’s attorney
C. Plaintiff’s attorney (or prosecuting/Commonwealth’s
attorney for a criminal case) to close the case
VII. Jury Deliberations
VIII. Verdict of Jury

THE TRIAL - 11
Who awards damages in a evidence that is proper,
civil case? relevant, and allowed by
law. If evidence is submitted
In a civil case, the jury not
that the attorney feels is
only decides on a verdict for
improper, or if the attorney
one side or the other, but
feels that the other side is
also awards damages. That
asking questions that are
is, if the jury determines that
unlawful, the attorney will
an award of money should
call out “Objection!” By
be made, the jury also
objecting, the attorney is
decides how much money
asking the judge to rule on
should be paid.
whether the law allows the
How are criminal cases particular piece of evidence,
tried? the statement or the
question to be admitted. If
Criminal cases are very
the judge thinks it should be
similar to civil cases, except
admitted, the judge will say
instead of a plaintiff, there
“Objection overruled.” If the
is a prosecuting attorney.
judge agrees that the
The prosecuting attorney
evidence in question is
may represent either the
improper, the judge will say
Commonwealth (the state)
“Objection sustained.” How
or a city, county, or town.
often an attorney raises
Who sets the punishment objections during the trial
in criminal cases? shouldn’t bias you against
that attorney’s case.
The judge sets the
punishment unless the Why is the jury sometimes
defendant requests that the asked to leave the
jury set the punishment. In courtroom in the middle of
felony or serious a trial?
misdemeanor cases, the jury
The judge may decide to
first decides the defendant’s
send the jury from the
guilt or innocence and then,
courtroom in the middle of a
if requested, in a separate
trial. When the jury is gone,
proceeding, the same jury
the attorneys and the judge
decides on the penalty. In
will discuss points of law or
lesser misdemeanor criminal
whether certain evidence
cases, if requested, the jury
sets the punishment at the can be admitted. The
same time that they decide purpose of these
their verdict. discussions is to make sure
that the jury hears only
Why do the attorneys evidence that is legally valid
object to certain before making its decision.
statements or evidence? You will be called back to
the courtroom when the
An important part of an
judge’s decision is made.
attorney’s job is to protect
the client’s rights during a
trial. This includes making
sure that the only evidence
presented during the trial is
12 - THE ANSWER BOOK FOR JURY SERVICE
What should I do when What if I accidentally hear
testimony is stricken from something about the trial
the record? outside the courtroom, or
if someone contacts me
You must disregard that
about the trial while it is
testimony. Sometimes the
still going on, or if I
jury hears testimony that the
realize during the trial I
judge later decides they
have some special
should not have heard. The
information that relates to
judge will tell the jury to
the case?
consider the case as if they
had never heard the stricken Ask the bailiff to tell the
testimony. You must follow judge immediately what has
the judge’s instructions if happened. Tell no one about
the parties in the case are the incident except the
to receive a fair trial. bailiff or the judge.

Can I talk to anyone about What if I need a break


the trial while it’s going during the trial?
on?
Jurors are given lunch
No. As long as the trial is breaks and may be given
still going on, do not discuss other breaks during a trial. If
the trial with anyone. Do not it is absolutely necessary
even discuss the case with that you take a break for
your fellow jurors until you some reason at any other
begin your deliberations. time during the trial, tell the
When the trial is over, you bailiff or the judge. But note
can discuss it with anyone if that these requests are
you want to, or you may highly unusual and should
keep silent if you prefer. be made only if absolutely
necessary.
Can I watch news reports
of the trial or read
newspaper accounts of it?

No. As long as the trial is


still going on, you must
avoid news accounts of the
case.

The jury’s primary role


is to determine the
facts based on an
evaluation of all the
evidence the judge
rules admissible.

THE TRIAL - 13
PART IV:
DECIDING ON A VERDICT
What happens after the What if we don’t
closing arguments? understand the jury
instructions?
After the judge gives you
your instructions and you You may take written copies
hear the attorneys’ closing of the jury instructions to the
arguments, you leave the jury room with you. If you
courtroom and go to the jury don’t understand the
room to begin your instructions, you may ask
deliberations. “Deliberation” the judge to explain them to
is the process the jury uses you. It is usually best to put
to reach its verdict. During your questions in writing and
deliberations, the jury will ask the bailiff to give them
discuss evidence and review to the judge, since the judge
law and facts. will discuss the questions
with the attorneys before
Will anyone be in the jury
answering them.
room besides the jury?
How should we conduct
No. But if you have any our deliberations?
questions or need any help,
the bailiff will be nearby. Each juror may have a
different opinion at the start
What’s the first thing we of the deliberations. To
do? reach a unanimous decision,
The first thing you should do some jurors may have to
is elect one member of the change their opinion. You
jury to preside over the should keep an open mind;
deliberations, seeing that listen carefully to other
everyone has an opportunity jurors’ opinions, and the
to participate and that the reasons for their opinions.
discussions remain orderly. You should be prepared to
The person chosen to tell the other jurors what you
preside takes part in think and why. Be fair and
deliberations and votes on carefully consider what your
the verdict along with fellow jurors are saying. Do
everyone else. not let yourself be
intimidated into changing
your opinion, and do not
intimidate anyone else.
14 - THE ANSWER BOOK FOR JURY SERVICE
Change your opinion only if
you genuinely agree with
what another juror is saying.
After a full discussion of the
issues, the jury should be
able to reach a decision that
each juror can agree to with
a clear conscience.
Your decision can
Do we all have to agree?
affect the human rights,
Yes. Every juror must agree the civil rights, and the
on the verdict. This is known property rights of your
as a unanimous verdict. If fellow citizens. The
the jury cannot agree, then Commonwealth has
the judge must declare a called on you and is
mistrial.
now counting on you to
What should we do after apply your sense of
we’ve reached our verdict? equity and your
common sense to the
The person chosen to
formal rules of law.
preside will write down the
jury’s verdict on a form
prepared by the judge, sign
it, and notify the bailiff that
a verdict has been reached.
The bailiff will notify the
judge, who will call
everyone including the jury
back to the courtroom. The
clerk will ask for the jury’s
verdict and read it out loud.

DECIDING ON A VERDICT - 15
PART V:
GLOSSARY
The list below defines some cross-examination – An
of the terms not defined attorney’s questioning of a
elsewhere in this pamphlet, witness called to testify by
as well as some terms you the other side in the case.
might hear at the court or
damages – Compensation
during a trial:
(usually monetary) awarded
action, case, cause, suit, to someone who has
lawsuit – These terms all suffered loss, detriment, or
refer to a proceeding in a injury to their person,
court of law. property, or rights.

acquit – To find a defendant deposition – Sworn


not guilty in a criminal trial. testimony taken and
recorded outside the
affidavit – A written or
courtroom but according to
printed statement made
the rules of the court.
under oath.
evidence – Any form of
answer – A formal response
proof legally presented at a
made by the defendant,
trial, including records,
which admits or denies what
documents, photographs,
is claimed by the plaintiff.
and testimony of witnesses.
burden of proof – This term
exhibit – A paper,
refers to which side is
document, or other physical
obligated to prove the facts
object presented to the
of the case.
court as evidence during a
cause of action – A legal trial.
claim.
hearsay – A statement
charge – A formal made by someone other
accusation that someone than the person testifying,
has committed a criminal which is offered in evidence
offense. to prove the truth of the
matter asserted.
counterclaim – A claim
presented by the defendant
in a civil case alleging that
the plaintiff owes damages
to the defendant.
16 - THE ANSWER BOOK FOR JURY SERVICE
impeachment of a witness testimony – Any statement
– An attempt to show that made by a witness under
the testimony of a witness is oath.
not truthful, accurate, or
tort – An injury or wrong
reliable.
committed to someone
indictment – A written else’s person or property for
accusation by a grand jury which an injured party is
charging someone with requesting damages.
committing a crime.

litigant – An individual who


brings or defends a lawsuit.

motion – A request made by


an attorney for a ruling or an
order by a judge on a
particular issue.

perjury – Lying under oath,


which is a criminal offense.

plea – A defendant’s
response to a criminal
charge (“guilty” or “not
guilty”).

pleadings – Formal, written


allegations by both sides of
their claims.

polling the jury – Asking


jurors individually after the
verdict has been read
whether they agree with the
verdict.

rebuttal – The introduction


of contradicting or opposing
evidence.

search warrant – A written


order issued by a judge or
magistrate, directing a law
enforcement officer to
search a specific location
for specific things or
individuals.

stipulation – An agreement
by the parties that certain
facts are true. Facts that
have been stipulated do not
need to be proven in the
trial.

GLOSSARY - 17
VIRGINIA’S JUDICIAL SYSTEM

Notice Regarding the Americans with Disabilities Act


and Requests for Accommodations by Persons with Disabilities

The Americans with Disabilities Act (ADA) of 1990 was enacted to ensure
that all qualified individuals with disabilities enjoy the same opportunities that
are available to persons without disabilities. It guarantees equal opportunity
for individuals with disabilities in public accommodations, employment,
transportation, state and local government services, and telecommunications.
The ADA directly affects state courts as providers of public programs and
services. In accordance with the requirements of Title II of the Americans with
Disabilities Act of 1990, 42 U.S.C. § 12101 et seq., the Supreme Court of
Virginia and the courts of the Commonwealth of Virginia (collectively referred
to as “Virginia’s Judicial System”) will not discriminate against qualified
individuals with disabilities on the basis of disability in its services, programs,
or activities.

Virginia’s Judicial System does not discriminate on the basis of disability


in its hiring or employment practices and complies with all regulations
promulgated by the U.S. Equal Employment Opportunity Commission under
Title I of the ADA.

Effective Communication: Virginia’s Judicial System will generally, upon


request, provide appropriate aids and services for qualified persons with
disabilities so they can participate equally in Virginia’s Judicial System
programs, services, and activities, including qualified interpreters, and other
ways of making information and communications accessible to people who
have speech, hearing, or vision impairments.

Modifications to Policies and Procedures: Virginia’s Judicial System


will make all reasonable modification to policies and programs to ensure that
people with disabilities have an equal opportunity to enjoy all of its programs,
services, and activities. For example, individuals with service animals are
welcomed in Virginia’s courts, even where pets are generally prohibited.

Requests for Accommodation: A request for accommodation should be


made to the relevant clerk if the request relates to a pending case or activity
of a particular court. Otherwise, the request should be made to the ADA
Coordinator at the address below. Procedures for making a request, as well
as a form for doing so, are available through the ADA Coordinator and on
Virginia’s Judicial System website, www.vacourts.gov.

No requirement to alter programs and services: The ADA does not


require Virginia’s Judicial System to take any action that would fundamentally
alter the nature of its programs or services or impose an undue financial or
administrative burden.

Complaints regarding accessibility: Complaints concerning a program,


service, or activity of a circuit court clerk's office should be directed to that
clerk. Other complaints will be handled pursuant to grievance procedures
adopted by the Office of the Executive Secretary. The procedures are
available through the ADA Coordinator, and on Virginia’s Judicial System
website, www.vacourts.gov.

No surcharge: Virginia’s Judicial System will not place a surcharge on a


particular individual with a disability or any group of individuals with
disabilities to cover the cost of providing auxiliary aids/services or reasonable
modifications of policy, such as retrieving items from locations that are open
to the public but are not accessible to persons who use wheelchairs.

Questions about this Notice – Please submit your questions to:

ADA Coordinator
Renée Fleming Mills, Ph.D.
Office of the Executive Secretary
Supreme Court of Virginia
100 N. 9th Street
Richmond, Virginia 23219
Fax: 804-786-0109
E-mail: ADACoordinator@vacourts.gov

For more information, visit www.vacourts.gov

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