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A person with a psychiatric disability is someone with a mental illness which significantly interferes with that person’s performance of major life activities, such as learning, thinking, communicating, and sleeping, among others. The most common forms of mental illnesses resulting in psychiatric disabilities are anxiety disorders, depressive disorders, and schizophrenia. Anxiety disorders are the most common group of mental illnesses and include panic disorder, phobias, obsessive-compulsive disorder, and post-traumatic stress disorder characterized by severe fear or anxiety associated with   particular objects and situations. Depressive Disorders would include major depression, manic-depressive illness and seasonal affective disorder characterized by disturbances or changes in moods. Schizophrenia is a highly complex illness characterized by thoughts that seem fragmented and difficulty processing information.

Depending on the needs of the individual and the nature of the disability, accommodation may include: scheduling court proceedings at certain time to coincide with medication requirements or effects; presenting information in a different manner to be better processed by the individual such as providing instructions in a written or recorded format; changing procedures as they relate to the interaction with witnesses and court staff in the courtroom; eliminating distractions; speaking slowly and distinctly; or allowing videotaped testimony or the use of video conferencing technology in lieu of a personal appearance.

The administrative authority, with assistance from local ADA coordinator, Jury Commissioner and State Court Administrator’s Office Human Resources or Legal Divisions, decides what reasonable accommodation can be made. Primary consideration is given to the request of the individual with the disability, however, an alternative accommodation may be offered if equally effective. The court is not required to make modifications that would fundamentally alter the service or program or cause undue administrative or financial burden. When evaluating a request, resources available are to be considered at the local level as well as at the Judicial Department level. With respect to court facilities, the court is not required to make every existing facility accessible so long as there is accessibility to the particular service or program. For example, the court does not have to make every courtroom accessible if the particular proceeding can be held in an accessible room.