UNITED STATES DISTRICT COURT
DISTRICT OF MASSACHUSETTS

_________________________________________________

UNITED STATES OF AMERICA,

Plaintiff,

v.

THE COMMONWEALTH OF MASSACHUSETTES,
THE MASSACHUSETTES TRIAL COURT, THE
ADMINISTRATIVE OFFICE OF THE TRIAL COURT,
and THE COUNTY COMMISSIONERS OF BRISTOL
COUNTY, MASSACHUSETTES,

Defendant.

________________________________________________

JOSEPH. deMELLO, et al.,

Plantiffs,

v.

HON.ROBERT A. MULLIGAN, et al.,

Defendants.

_______________________________________________




C.A. No. 03-CV-10246 (PBS)

















C.A. No. 01-CV-11730-(PBS)




SETTLEMENT AGREEMENT

This agreement is entered into this __8th__ day of __January______, 2004, by and between (A) the parties to United States v. Commonwealth of Massachusetts, et al., No. 03-CV-10246 (D. Mass.): (1) the United States of America, acting through the United States Department of Justice, Civil Rights Division, Disability Rights Section (“the United States”); (2) the Commonwealth of Massachusetts, the Massachusetts Trial Court, and the Administrative Office of the Trial Court of the Commonwealth of Massachusetts [hereinafter “the State Defendants”]; and (3) the County Commissioners of Bristol County; and (B) the parties to deMello, et al. v. Mulligan, et al., C.A. No. 01-CV-11730 (D. Mass.): (1) Joseph deMello and Miles Herman [the “Individual Plaintiffs”]; (2) Robert A. Mulligan, in his official capacity as Chief Justice for Administration and Management of the Trial Court of Massachusetts, and David B. Perini, in his official capacity as the Commissioner of the Division of Capital Asset Management of the Commonwealth of Massachusetts [hereinafter, the “Individual State Defendants”]; and (3) Maria F. Lopes, in her official capacity as Chairwoman of the County Commissioners of Bristol County, Massachusetts.

This Agreement resolves the claims in the consolidated matters of Joseph deMello and Miles Herman v. the Hon. Robert A. Mulligan, et al., C.A. No. 01-CV-11730 (D. Mass.) and the United States v. Commonwealth of Massachusetts, et al., C.A. No. 03-10246 (D. Mass.).

Parties and Complainants in the case of U.S. v. Commonwealth of Massachusetts, et al.

1. The United States of America, through the Department of Justice has responsibility for administering and enforcing title II of the Americans with Disabilities Act [“ADA”], 42 U.S.C. ' 12132.

2. Joseph deMello, as Complainant, is an attorney licensed to practice law in the Commonwealth of Massachusetts with a principal office located in Taunton, MA. Joseph deMello has muscular dystrophy, a deteriorating nerve condition that substantially limits his ability to use his arms and legs. At all relevant times hereto, deMello is an individual with a disability as defined in the ADA and the Rehabilitation Act of 1973.

3. Miles Herman, as Complainant, is an attorney licensed to practice law in the Commonwealth of Massachusetts with a principal office located in Plymouth, MA. Miles Herman cannot walk and requires the use of a wheelchair. At all relevant times hereto, Herman is an individual with a disability as defined in the ADA and Rehabilitation Act.

4. The Administrative Office of the Trial Court [“AOTC”] and the Massachusetts Trial Court are instrumentalities of the Commonwealth of Massachusetts. The Massachusetts Trial Court consists of the superior court department, the housing court department, the land court department, the probate and family court department, the Boston municipal court department, the juvenile court department, and the district court department. There is a chief justice for administration and management (the head of AOTC) and a chief justice for each of the departments of the trial court. Mass. Gen. Laws ch. 211B, ' 4. The Massachusetts Trial Court and AOTC are both parts of state government within the meaning of section 201 of the ADA (codified at 42 U.S.C. ' 12131(1)), 28 C.F.R. ' 35.104, and section 504 of the Rehabilitation Act (codified at 29 U.S.C. 794), and are, therefore, public entities subject to title II of the ADA and section 504 of the Rehabilitation Act, and their implementing regulations, 28 C.F.R. Part 35 and Part 42. AOTC accepts responsibility for ensuring that the services, programs, and activities of the Massachusetts Trial Court comply with title II of the ADA. The Massachusetts Trial Court and AOTC receive federal financial assistance from the United States Department of Justice and are, therefore, subject to the Rehabilitation Act (29 U.S.C. ' 794) and the relevant implementing regulations, 28 C.F.R. Part 45.501, et seq.

5. The Commonwealth of Massachusetts is a state government within the meaning of section 201 of the ADA, 28 C.F.R. ' 35.104, and section 504 of the Rehabilitation Act, and is, therefore, a public entity subject to title II of the ADA and section 504 of the Rehabilitation Act, and their implementing regulations, 28 C.F.R. Part 35 and Part 42. Judges and other employees in the trial courts of Bristol County are employees of the Commonwealth of Massachusetts per Mass. Gen. Laws ch. 211B, ' 4.

6. The County Commissioners of Bristol County are the titular heads of a local government within the meaning of section 201 of the ADA (codified at 42 U.S.C. ' 12131(1)) and 28 C.F.R. ' 35.104. They are subject to title II of the ADA, 42 U.S.C. ' 12132, and its implementing regulations, 28 C.F.R. Part 35. The County Commissioners accept responsibility for ensuring that the Bristol County Registries of Deeds comply with the requirements of title II of the ADA. A majority of the Bristol County Commissioners has conferred with the Registrars of Deeds in Bristol County before agreeing to the terms of this Agreement.

Parties in deMello v. Mulligan, et al.

7. Joseph deMello is an attorney licensed to practice law in the Commonwealth of Massachusetts with a principal office located in Taunton, MA. Joseph deMello has muscular dystrophy, a deteriorating nerve condition that substantially limits his ability to use his arms and legs. At all relevant times hereto, deMello is an individual with a disability as defined in the ADA and the Rehabilitation Act.

8. Miles Herman is an attorney licensed to practice law in the Commonwealth of Massachusetts with a principal office located in Plymouth, MA. Miles Herman cannot walk and requires the use of a wheelchair. At all relevant times hereto, Herman is an individual with a disability as defined in the ADA and the Rehabilitation Act.

9. Robert A. Mulligan is the Chief Justice for Administration and Management of the Massachusetts Trial Court. As such and subject to the superintendence power of the Supreme Judicial Court of the Commonwealth of Massachusetts, he has general superintendence of the administration of the Massachusetts Trial Court, including, without limitation, the improvement of the administration of each constituent trial court and the securing of their proper and efficient administration. He is sued in his official capacity under the principles established in Ex Parte Young, 209 U.S. 123 (1908), and its progeny.

10. David B. Perini is the Commissioner of the Division of Capital Asset Management (“DCAM”) of the Commonwealth of Massachusetts. By statute (G.L. c. 7, ' 39B), he is responsible for, among other things, the direction, control, supervision, planning, and oversight of the scheduled maintenance and repair needs, and the design and construction, of capital assets owned by the Commonwealth, subject to appropriation. He is sued in his official capacity under the principles established in Ex Parte Young, 209 U.S. 123 (1908), and its progeny.

11. Maria F. Lopes is the Chairwoman of the County Commissioners of Bristol County, Massachusetts, and is being sued in her official capacity. Acting in her official capacity, she heads a local government, as that term is defined in section 201 of the ADA and 28 C.F.R. ' 35.104. Bristol County is subject to title II of the ADA, 42 U.S.C. ' 12132, and its implementing regulations, 28 C.F.R. Part 35.

Additional Designations

12. As used herein, “the Commonwealth Defendants” shall refer collectively to the Commonwealth of Massachusetts, the Massachusetts Trial Court, the AOTC, and the Individual State Defendants. As used herein, “the Bristol County Defendants” shall refer collectively to the Commissioners of Bristol County, Massachusetts and Maria Lopes.

13. As used herein, “the Plaintiffs” shall refer collectively to the United States and the Individual Plaintiffs.

Factual Background

14. The Commonwealth of Massachusetts operates, among others, the following state trial courts in Bristol County, MA: Attleboro District Court; Fall River Superior Court; Taunton Superior Court; Taunton Probate and Family Court; Taunton District Court; and New Bedford Superior Court. All of these courts are housed in courthouses that have multiple steps leading to the ground floor and upper floors. These courthouses are owned by Bristol County.

15. The Courts delineated in paragraph 14, and others, provide programs, services, and activities of the trial courts in Bristol County, including all motion hearings, juvenile proceedings, probate proceedings, trials, and other proceedings for criminal and civil matters.

16. At the time the lawsuits were initiated, each courthouse named in paragraph 14 had multiple steps that hindered individuals with mobility impairments from entering the buildings. Even if an individual could get inside a named courthouse, multiple interior steps acted as barriers hindering the individual from gaining access to courtrooms and other services located on the basement level and upper floors.

17. At the time the lawsuits were initiated, none of the named trial courts had established adequate written procedures that would make the programs, services, and activities of the trial courts accessible to and usable by individuals with disabilities.

18. Bristol County maintains Registries of Deeds in Fall River, Taunton, and New Bedford. All of the Registries are in buildings that have multiple steps leading to the first floor.

19. The Registries of Deeds house the only repositories of land records for real property in Bristol County, Massachusetts.

20. At the time the lawsuits were initiated, each Registry had multiple steps that hindered individuals with mobility impairments from entering the buildings.

21. At the time the lawsuits were initiated, none of the Registries had established published procedures that would make the programs, services, and activities of the Registries accessible to and usable by individuals with disabilities.

Legal Standards

22. No qualified individual with a disability shall, on the basis of disability, be excluded from participation in, and denied the benefits of the services, programs or activities of a public entity or be subjected to discrimination by any public entity. 42 U.S.C. ' 12132, and the implementing regulations at 28 C.F.R. Part 35.130(a).

23. A public entity may not deny an individual with a disability, on the basis of disability, the opportunity to participate in or benefit from its services. 28 C.F.R. Part 35.130(b)(1)(i).

24. A public entity may not afford a qualified individual with a disability, on the basis of disability, an opportunity to participate in or benefit from a service that is not equal to that afforded others. 28 C.F.R. Part 35.130(b)(1)(ii).

25. A public entity may not provide a qualified individual with a disability, on the basis of disability, an aid, benefit, or service that is not as effective in affording equal opportunity to obtain the same result, to gain the same benefit, or to reach the same level of achievement as that provided to others. 28 C.F.R. Part 35.130(b)(1)(iii).

26. A public entity shall make reasonable modifications in policies, practices and procedures when the modifications are necessary to avoid discrimination on the basis of disability, unless the public entity can demonstrate that making the modifications would fundamentally alter the nature of the service, program or activity. 28 C.F.R. Part 35.130(b)(7).

27. No qualified individual with a disability shall, because the facilities are inaccessible to and unusable by individuals with disabilities, be excluded from participation in, or be denied the benefits of, the services, programs, and activities of the public entity or be subjected to discrimination by any public entity. 28 C.F.R. Part 35.149.

28. A public entity shall operate each service, program or activity so that the service, program or activity, when viewed in its entirety, is readily accessible to and usable by individuals with disabilities in the most integrated setting appropriate to meet the needs of individuals with disabilities. 28 C.F.R. Part 35.150(a), (b)(1).

29. A public entity is not required to make structural changes in existing facilities where other methods are effective in achieving compliance with this section, where changes would threaten or destroy the historic significance of an historic property, or where modifications would fundamentally alter the nature of a service, program, or activity, or would result in undue financial and administrative burdens. 28 C.F.R. Part 35.150(a), (b)(1).

30. No qualified handicapped person shall, solely on the basis of handicap, be excluded from participation in, or denied the benefits of, or otherwise be subjected to discrimination under any program receiving or benefiting from federal financial assistance. 28 C.F.R. Part 42.503(a).

31. A recipient of federal financial assistance may not discriminate against individuals with disabilities on the basis of disability by denying them the opportunity accorded others to participate in the program receiving federal financial assistance. 28 C.F.R. Part 42.503(b)(1)(i).

32. A recipient of federal financial assistance may not discriminate against individuals with disabilities on the basis of disability by denying them an equal opportunity to achieve the same benefits that others achieve in the program receiving federal financial assistance. 28 C.F.R. Part 42.503(b)(1)(ii).

33. A recipient of federal financial assistance shall administer programs in the most integrated setting appropriate to the needs of qualified individuals with disabilities. 28 C.F.R. Part 42.503(d).

34. A recipient of federal financial assistance shall insure that no qualified handicapped person is denied the benefits of, excluded from participation in, or otherwise subjected to discrimination under a program receiving federal financial assistance because the recipient’s facilities are inaccessible to and unusable by handicapped individuals. 28 C.F.R. Part 42.520.

35. A recipient of federal financial assistance shall operate each program so that the program, when viewed in its entirety, is readily accessible to and usable by handicapped persons. 28 C.F.R. Part 42.521(a).

36. A recipient of federal financial assistance is not required to make structural changes in existing facilities where other methods are effective in achieving compliance with 28 CFR 42.521(a). In choosing among methods, a recipient shall give priority to those methods that offer programs to handicapped persons in the most integrated setting appropriate to obtain the full benefits of the program. 28 C.F.R 42.521(a), (b).

Sovereign Immunity of the Commonwealth of Massachusetts

37. Nothing in this Settlement Agreement constitutes a waiver of the sovereign immunity asserted by the Commonwealth of Massachusetts and its instrumentalities pursuant to the Eleventh Amendment of the United States Constitution and common law, nor a waiver of the United States' assertion that the Americans with Disabilities Act and Section 504 of the Rehabilitation Act properly abrogate the Commonwealth's Eleventh Amendment immunity.

Obligations Assumed By the Commonwealth Defendants

38. In accordance with the timeframe provisions of paragraph 45, the Commonwealth Defendants will make the structural changes and procedural modifications in the Attleboro District Court courthouse called for in Appendix A.

39. In accordance with the timeframe provisions of paragraph 45, the Commonwealth Defendants will make the structural changes and procedural modifications in the New Bedford Superior Court courthouse called for in Appendix B.

40. In accordance with the timeframe provisions of paragraph 45, the Commonwealth Defendants will make the structural changes and procedural modifications in the Fall River Superior Court courthouse called for in Appendix C.

41. In accordance with the timeframe provisions of paragraph 45, the Commonwealth Defendants will make the structural changes and procedural modifications in the Taunton Superior Court courthouse called for in Appendix D.

42. In accordance with the timeframe provisions of paragraph 45, the Commonwealth Defendants will undertake the changes and procedural modifications relating to the operations of the Taunton District Court called for in Appendix E; provided, however, that if the Commonwealth is unable to obtain from the City of Taunton, by December 31, 2003, a multi-year lease or license allowing the Massachusetts Trial Court use of the Cohannet School building for Taunton District Court operations, then paragraph one of Appendix E will be suspended and the parties will meet promptly to negotiate alternative means of making the services of the Taunton District Court physically accessible to and usable by individuals with disabilities by February of 2005, such as modifying the existing Taunton District Court building or using other, state-controlled property. If the parties are unable to reach agreement, any party may invoke the procedures specified in paragraphs 52 or 54, infra, to obtain an appropriate order regarding the Taunton District Court.

43. In accordance with the timeframe provisions of paragraph 45, the Commonwealth Defendants will make the structural changes and procedural modifications in the Taunton Probate and Family Court courthouse called for in Appendix F.

44. The Individual State Defendants agree to employ all applicable resources at their disposal, as made available to them by the Massachusetts Legislature, and to seek to obtain any additional necessary resources to provide the physical access, make other necessary structural changes in the named courthouses, and modify existing policies and procedures, as called for in appendices A-F. All parties acknowledge, however, that the Individual State Defendants are not required to make expenditures in excess of the amounts legally available to them under state law. The Individual State Defendants represent that, as of the execution of this Agreement, they have the financial resources, as referenced in a letter from the Commonwealth’s Secretary of Administration and Finance to the Governor’s Chief Legal Counsel dated November 6, 2003, to make the structural changes and modify existing policies and procedures, as called for in appendices A-F. Nonetheless, nothing in this Agreement limits the United States' or the Individual Plaintiffs' right to seek a court order enforcing the terms of this Agreement through the procedures outlined in paragraphs 52 and 53, infra.

45. The Commonwealth’s counsel has represented that it is not possible to make all the structural changes delineated in appendices A-F immediately, and the Plaintiffs agree that the changes can be made in accordance with the time tables set forth in appendices A-F. In instances in which only a month and year follow a particular action item in appendices A-F, the Commonwealth Defendants shall have until the last day of the specified month to complete that particular action item. The term “upon execution of the Settlement Agreement” either preceding or immediately following a particular action item shall be construed to mean that that action item shall be accomplished within thirty (30) days of the effective date of this Settlement Agreement, unless it has already been fulfilled.

46. Notwithstanding any unforeseen future contingencies that might impact the construction plans and timetables set forth in appendices A-F, the Commonwealth Defendants agree not to take any action that will diminish the level of physical accessibility, to and within the courthouse facility, achieved through this Settlement Agreement at each named courthouse. This paragraph shall not be read to prohibit the curtailment of a Trial Court program, service, or activity at any named courthouse for reasons unrelated to compliance with the ADA unless such action eliminates the only such accessible program, service, or activity in Bristol County.

47. If approval must be obtained from any state or local historical commission to perform work under this Settlement Agreement, the Individual State Defendants and the Bristol County Commissioners will commence, or support the petition filed in, any administrative or judicial proceedings required to obtain such approval.

Obligations Assumed By Bristol County

48. The County Defendants agree to provide the physical access, make the structural changes, and modify existing policies and procedures at the three Registries of Deeds facilities in Bristol County as called for in Appendix G, and make the accessibility accommodations specified in paragraphs 8 and 11 of Appendix G.

Enforcement and Monitoring

49. Resolution of the Litigation. Upon execution of this Settlement Agreement, the Agreement shall be filed with and approved by the Court, but not entered as an order, and the Court shall retain jurisdiction to enforce its provisions as set forth below. Upon approval by the Court of this Agreement, the Parties shall jointly file a motion to dismiss and proposed Order of Dismissal, in the form attached hereto as Exhibit A, dismissing without prejudice all claims asserted in United States v. Commonwealth of Massachusetts, et al., Civil Action No. 03-10246, and Joseph deMello and Miles Herman v. Hon. Robert A. Mulligan, et al., Civil Action No. 01-11730 (hereinafter, the “Referenced Actions”), with each party to bear its own costs, except as provided in paragraph 51.

50. Notwithstanding the filing of the stipulations of dismissal, the Court shall retain jurisdiction over the Referenced Actions for purposes of enforcing this Agreement or resolving any disputes under this Agreement. The Court’s jurisdiction shall continue for five (5) years from the date of the Agreement; provided, however, that the Court may maintain jurisdiction beyond that point if, and during the period that, the plaintiffs demonstrate, before the five year period expires, that the defendants have failed to accomplish the structural changes and/or the modifications to existing policies and procedures described in appendices A - G.

51. Upon the filing of the Order of Dismissal in the case of deMello and Herman v. Mulligan, et al., and the delivery to the defendants of fully executed general releases, in substantially the form attached hereto as Exhibit B, the Commonwealth and the County agree to pay all reasonable attorney’s fees and costs incurred by the Individual Plaintiffs in this matter up through the effective date of this Settlement Agreement, as that term is defined in paragraph 65, infra. The parties agree to make all reasonable efforts to resolve the specific amount of attorney fees and costs, consistent with the guidelines for attorney’s fee awards under 42 U.S.C. section 1988 enunciated by the United States Supreme Court in Blanchard v. Bergeron, 489 U.S. 87 (1989), but if such a resolution is not accomplished by December 31, 2003, or a mutually agreed extension of that deadline, the defendants acknowledge and agree that the Individual Plaintiffs will file a petition to have an appropriate award of such fees and costs determined by the Court. The parties further agree that if the City of Taunton declines to enter into a multi-year lease or license allowing the Massachusetts Trial Court use of the Cohannet School building for Taunton District Court operations and further negotiations or litigation between the parties to reach an agreement or obtain a court order making the services of the Taunton District Court physically accessible to individuals with disabilities become necessary, the Commonwealth will pay any reasonable attorneys’ fees and costs incurred by the Individual Plaintiffs as a direct result of the need to develop an alternative accessibility plan for the Taunton District Court pursuant to paragraph 42, supra. While the defendants make no further commitment to pay attorneys’ fees or costs incurred by the Individual Plaintiffs after the execution of this Settlement Agreement, nothing in this agreement precludes the Individual Plaintiffs from petitioning the court for reimbursement of post-settlement attorneys’ fees or costs should enforcement action pursuant to paragraphs 52-54, infra, become necessary. The United States is not a party to paragraph 51.

52. If any party to this Agreement believes that another party is violating its obligations under this Agreement, or believes a dispute has arisen as to the meaning of the Agreement, then the complaining party shall give written detailed notice describing the claimed violation or dispute to all other affected parties. The complaining party may immediately file the written notice with the Court in the form of a motion and may request a hearing thereon, but the hearing shall not occur sooner than thirty (30) days after service of the notice/motion is completed on all counsel of record. The parties shall then attempt, within this thirty (30) day period or such other time as may be agreed upon in writing, to resolve their differences over the claimed violation or disputed meaning. If successful, the parties shall notify the Court that the matter has been resolved and request that any scheduled hearing be cancelled. If after such time the parties are unable to resolve their differences, then any party may argue a motion before the Court seeking a declaration determining whether there has been a violation, or determining the meaning of a provision of this Settlement Agreement, or both, and may simultaneously seek an appropriate enforcement order. Neither this Settlement Agreement nor any of its specific provisions shall serve as the sole basis for an application for an order of contempt brought in this action. After the expiration of the thirty-day period for mediating differences, the other party(ies) shall respond to any motion filed within the time allowed by the Local Rules, unless the time is extended by agreement or court order. Upon the Court’s declaration and any enforcement order, the party(ies) shall have a reasonable time, or such time as the Court may direct, to perform their obligations as declared and ordered.

53. In the event of claimed non-compliance with a party’s obligations under the Agreement as declared by the Court, the aggrieved party(ies) may seek an enforcement order, if one has not already issued, by filing a motion after giving notice and attempting to resolve the matter, all as set forth in paragraph 52 above. In the event of claimed non-compliance with an enforcement order, the aggrieved party may seek further relief, including contempt, by filing a motion after giving notice and attempting to resolve the matter, all as set forth in paragraph 52 above. In no event may the plaintiffs sue for damages for any alleged breach of the terms of this Settlement Agreement.

54. If the plaintiffs are not satisfied with the defendants’ overall compliance with the obligations they have assumed under the provisions of this Settlement Agreement, the plaintiffs may, on or after July 1, 2004, but no later than July 1, 2008, resume prosecution of the action, provided that the plaintiffs have first given written detailed notice to all affected parties of their dissatisfaction with the defendants’ performance under this Agreement and have meaningfully engaged, over the course of at least thirty (30) days, in good-faith discussions and efforts to resolve any dispute over the defendants’ performance under this Agreement.

55. The United States District Court for the District of Massachusetts shall have exclusive jurisdiction and venue to construe and enforce this Settlement Agreement, and to resolve any and all disputes arising out of or relating to this Settlement Agreement, which shall be governed by and construed in accordance with the laws of the United States and the Commonwealth of Massachusetts.

56. Each Individual Defendant shall provide to the plaintiffs a bi-monthly report (no less frequently than every 60 days following the execution of this Settlement Agreement) that (a) sets forth their progress in making the structural changes and/or procedural modifications set forth in Appendices A - G, until such time as compliance with the obligations specified therein is achieved, and (b) notifies plaintiffs of any changes in the timetables set forth in the appendices.

57. If at any time the defendants (or one of them) wish to modify any portion of this Settlement Agreement because of changed conditions making performance impossible or impractical, or for any other reason, they will promptly notify the plaintiffs’ counsel in writing, setting forth the facts and circumstances thought to justify modification and the substance of the proposed modification, and provide evidence to support their position. Until there is written assent or agreement by the plaintiffs’ counsel to the proposed modification, the proposed modification will not take effect. If the requested modification is not approved within thirty (30) days of the date of written notification of such need, then the defendants may refer the matter to the Article III judge assigned to the case, as provided for in paragraph 52 above.

Miscellaneous Provisions

58. The defendants hereby waive any defense under the ADA that the planned modifications to the existing structures or procedures described in appendices A-G fundamentally alter the services, programs, or activities of, or cause undue financial or administrative burden to, the trial courts and registries of deeds delineated in paragraphs 14 and 18. The defendants also waive any defense under the ADA that the planned modifications described in appendices A-G threaten or destroy the historic significance of any of the courthouses and registry buildings referenced in paragraphs 14 and 18.

59. By entering into this Settlement Agreement, no party shall be deemed to have waived any claim or defense not otherwise specifically released in writing, until such time as the Court no longer has jurisdiction over the matters raised in the Referenced Actions.

60. To the fullest extent permitted under their respective grants of statutory authority, the Individual Defendants signing this Agreement represent that they are authorized to bind their respective governmental units. Each signatory to this Settlement Agreement affirms that he or she has consulted with and been advised by counsel in connection with the execution of this Settlement Agreement and that he or she agrees that its terms are fair and reasonable. The Hon. Robert A. Mulligan represents that his counsel has conferred with clerks and judges in the named Bristol County trial courts and they concur in the procedural modifications set forth in Appendices A-F. Maria F. Lopes represents that either she, another Bristol County Commissioner, or their counsel has conferred with each Registrar of Deeds in Bristol County and they concur in the procedural modifications set forth in Appendix G.

61. This Settlement Agreement sets forth the entire agreement between the plaintiffs and the defendants with respect to the subject matters hereof, and supersedes all prior oral and written agreements and discussions with the exception of the Memorandum of Understanding entered into between the Commonwealth Defendants and the Bristol County Defendants (“the Memorandum”) and a letter from the Commonwealth’s Secretary of Administration and Finance to the Governor’s Chief Legal Counsel dated November 6, 2003 (“the Letter”). No other statement, promise, or agreement, either written or oral, made by any party or the agents of any party that is not contained in this written Settlement Agreement, the Memorandum, or the Letter shall be enforceable. The plaintiffs and the defendants represent that none of them relies upon, in entering into this Settlement Agreement, any statement of any other party to this agreement except those statements set forth in this Settlement Agreement, the Memorandum, or the Letter.

62. All notices and other correspondence sent by the Parties to one another relating to this Settlement Agreement (including paragraphs 52-54, 56, and 57 thereof in particular) shall be sent to the Parties at the following addresses or at such other address as the Parties may designate in writing in the future:

For correspondence to the United States:

John L. Wodatch, Chief
Disability Rights Section
Civil Rights Division
U.S. Department of Justice
950 Pennsylvania Avenue NW - NYA
Washington, DC 20530

For correspondence to the Individual Plaintiffs:

Carlin Phillips, Esq.
Phillips & Garcia, LLP
13 Ventura Drive
No. Dartmouth, MA 02747

For correspondence to Bristol County and/or the County Commissioners:

Chairperson, Bristol County Commission
9 Court Street
Taunton, MA 02780

For correspondence to the Commonwealth of Massachusetts:

Stephanie Lovell
First Assistant Attorney General
for the Commonwealth of Massachusetts
One Ashburton Place
Boston, MA 02108

For correspondence to the Administrative Office of the Trial Court and/or the Chief Justice for Administration and Management:

Alexander G. Gray, Jr.
General Counsel
Administrative Office of the Trial Court
Two Center Plaza, Suite 540
Boston, MA 02108

For correspondence to the Commissioner of the Division of Capital Asset Management:

Robert McGinness
General Counsel
Division of Capital Asset Management
One Ashburton Place, 15th floor
Boston, MA 02108

63. This Settlement Agreement is a public document. A copy of this document, or any information contained herein, may be made available to any person upon request.

64. This Settlement Agreement shall be binding on the Parties, and their elected or appointed successors in interest.

65. This Settlement Agreement shall become effective once signed by all Parties and the effective date will be the date of the last signature affixed hereto.

IN WITNESS WHEREOF, the plaintiffs and the defendants in the above-captioned actions have caused this Settlement Agreement to be executed as of the dates subscribed below.


For the United States of America:



__________________________
John L. Wodatch, Chief
Disability Rights Section
Phillip L. Breen
Allison Nichol
Laura F. Einstein
Civil Rights Division
U.S. Department of Justice
950 Pennsylvania Avenue NW - NYA
Washington, DC 20530

Date ____1/0/04______________

The Individual Plaintiffs:



__________________________
Joseph deMello, Esq.
71 Main Street
Taunton, MA 02780


Date ___12-23-03__________


______________________
Miles D. Herman, Esq.
2 Cod Road, Suite One
Plymouth, MA 02360


Date __12-31-03________



For Bristol County and the County Commissioners:


_________________________________
Maria F. Lopes
Chairperson, Bristol County Commission
9 Court Street
Taunton, MA 02780

Date: ____12/15/03_____


For the Commonwealth of Massachusetts:



__________________________________
Stephanie Lovell
Deputy First Assistant Attorney General
Office of the Attorney General
One Ashburton Place
Boston, MA 02108

Date: ____1-8-04___________


The Chief Justice for Administration and Management, on behalf of himself, the Massachusetts Trial Court, and the Administrative Office of the Trial Court:



________________________________
The Hon. Robert A. Mulligan
Administrative Office of the Trial Court
Two Center Plaza, Suite 540
Boston, MA 02108

Date: __12/05/03_________


The Commissioner of the Division of Capital Asset Management:



________________________________
David B. Perini
Commissioner
Division of Capital Asset Management
One Ashburton Place, 15th floor
Boston, MA 02108

Date: ____12/11/03_____



Appendix A

A. Attleboro District Court

1.) A temporary ramp will be installed at the side door and will be in place until a permanent ramp is constructed for the front entrance. [Upon execution of the Settlement Agreement]

2.) A permanent ramp will be installed at the main entrance to this courthouse. [April 2004]

3.) Accessible parking spaces restricted to persons with disabilities will be provided in an appropriate location. [temporarily: Upon execution of the Settlement Agreement; permanently: April 2004]

4.) Accessible paths of travel will connect the permanent ramp to these parking spaces and the public sidewalk. [April 2004]

5.) The courtroom on the first floor will be made accessible for spectators, witnesses, and attorneys. [Upon execution of the Settlement Agreement]

6.) A permanent accessible bathroom will be constructed on the first floor and DCAM will instruct the contractor to prioritize this action item. [March 2004]

7.) A temporary or portable accessible toilet will be in place by the time the temporary ramp is functional. [Upon execution of the Settlement Agreement]

8.) Appropriate door hardware, usable by persons with disabilities, will be installed wherever needed on the first floor. [Upon execution of the Settlement Agreement]

9.) Stair railings and nosings on public stairs will be brought into compliance with the Americans with Disabilities Act Accessibility Guidelines (“ADAAG”) and Title 521 of the Code of Massachusetts Regulations (“521 CMR”). [February 2004]

10.) Public counters on the first floor of the Attleboro courthouse will be lowered, or a folding counter will be added, or an accessible counter or table will be provided. [February 2004]

11.) An assistive listening system will be installed in the first floor courtroom. [Upon execution of the Settlement Agreement]

12.) An accessible public telephone and a text telephone (“TTY”) device will be installed on the first floor. [Upon execution of the Settlement Agreement]

13.) An accessible drinking fountain will be installed on the first floor. [Upon execution of the Settlement Agreement]

14.) Appropriate signage will be installed directing people to the accessible entrance and to the ADA coordinator. [Upon execution of the Settlement Agreement]

15.) Civil, Criminal and Juvenile proceedings will be scheduled in the first floor courtroom when necessary to accommodate attorneys, parties, or witnesses with mobility impairments. [Upon execution of the Settlement Agreement]

16.) Individuals with mobility impairments who are summoned to the Attleboro District Court for jury duty will be notified that the courthouse is not accessible to persons with disabilities and these individuals will be reassigned, if they choose, to another District Court in Bristol County for jury duty. [Upon execution of the Settlement Agreement]

17.) Any individual who enters the courthouse who cannot directly or personally access programs or services on the second floor or the basement level will be assisted by the court officer or the associate court officer at the security station to contact the ADA coordinator who will make the necessary arrangement for the services to be provided on the first floor. [Upon execution of the Settlement Agreement]

18.) An individual who needs to access the services of the small claims clerk or the civil transaction counter located on the second floor will be accommodated in the Clerk-Magistrate=s office on the first floor. [Upon execution of the Settlement Agreement]

19.) A criminal defendant who is mobility impaired will be arraigned in an accessible courtroom located in this courthouse. [Upon execution of the Settlement Agreement]

20.) An individual with a mobility impairment who cannot gain access to the Juvenile Court probation office located in the basement will be accommodated in the District Court probation office located on the first floor. [Upon execution of the Settlement Agreement]

21.) An individual with a mobility impairment who cannot gain access to the Juvenile Court clerk=s office located in the basement will be accommodated in the District Court Clerk-Magistrate=s office located on the first floor. [Upon execution of the Settlement Agreement]

22.) Individuals with mobility impairment who have business with the Juvenile Court will be directed to call the ADA coordinator to obtain assistance in arranging for any necessary accommodation, including being met at the back-door entrance by an associate court officer. [Upon execution of the Settlement Agreement]

23.) A notice, printed on colored paper, will be included in every piece of mail sent from the Attleboro District Court (including the Probation Department, the Juvenile Probation Department, the Clerk-Magistrate, the Juvenile Court Clerk, and the judges= lobbies), announcing that anyone who needs accommodation at the Attleboro District Court should call the ADA Coordinator to make the necessary arrangements. In addition, the notice will be posted on the appropriate Trial Court web site, and will be placed on the courthouse’s automated telephone system. [Upon execution of the Settlement Agreement]

24.) If an individual with a mobility impairment chooses or is required to attend a court proceeding at the Attleboro District Court, that proceeding will be scheduled to be held in the first floor courtroom provided that at least 48 hours= advance notice has been given to the ADA coordinator requesting such an accommodation. [Upon execution of the Settlement Agreement]

25.) Where a participant in the court proceeding (party, attorney, witness) has not provided 48 hours= notice, and if the first floor courtroom is not available, the proceeding will be rescheduled until a date when it can be conducted in the first floor court room. [Upon execution of the Settlement Agreement]

Appendix B

B. New Bedford Superior Court

1.) A temporary ramp will be installed at the front of the building and will be in place until such time as a permanent accessible entrance is constructed. [February 2004]

2.) An accessible restroom will be provided on the first floor. [June 2004] The Commonwealth official overseeing this project will instruct the contractor to give this action item top priority.

3.) The Commonwealth's agents will work with the County's agents to create, in an appropriate location, accessible parking spaces restricted to persons with disabilities. [February 2004]

4.) The courtroom on the first floor will be made accessible for spectators, witnesses, attorneys, and jurors. [Upon execution of the Settlement Agreement]

5.) An assistive listening system will be installed in the first floor courtroom. [Upon execution of the Settlement Agreement]

6.) An accessible public telephone and TTY device will be installed on the first floor. [Upon execution of the Settlement Agreement]

7.) An accessible path of travel to the Clerk’s Office will be provided. [February 2004]

8.) The transactional counters in the Clerk’s Office will be lowered, or a folding counter will be added, or an accessible counter or table will be provided. [Upon execution of the Settlement Agreement]

9.) Appropriate signage will be installed directing people to the accessible entrance and to the ADA coordinator. [No later than the date the temporary ramp is opened for use by the general public.]

10.) Any individual who enters the courthouse who cannot directly or personally access programs or services on the second floor or the basement level will be assisted by the court officer or the associate court officer to contact the ADA coordinator who will make the necessary arrangements for the services to be provided on the first floor. [Upon execution of this Settlement Agreement]

11.) Civil and criminal proceedings will be scheduled in the first floor courtroom when necessary to accommodate attorneys, parties (except criminal defendants), witnesses or jurors with mobility impairments. Prospective jurors will be requested to respond to the Jury Commissioner indicating that they will need accommodations to fulfill their jury obligations at the New Bedford Superior Court at least seven days in advance of the date they are called for service. [Upon execution of the Settlement Agreement]

12.) Until a ramp is installed permitting individuals with a mobility impairment to gain entrance to this courthouse, civil and criminal proceedings will be scheduled to be heard in the New Bedford Housing Court whenever necessary to accommodate attorneys, parties, or witnesses with mobility impairments. [Upon execution of the Settlement Agreement]

13.) As soon as a ramp is installed permitting individuals with a mobility impairment to gain entrance to this courthouse, the court room on the first floor will be used as the jury pool when a juror with a mobility impairment has been summoned for jury duty.

14.) As soon as a ramp is installed permitting individuals with a mobility impairment to gain entrance to this courthouse, the room currently used by the law clerk of Justice Jacob will be used as the jury deliberation room when a juror with a mobility impairment has been empaneled on a jury.

15.) As soon as a ramp is installed permitting individuals with a mobility impairment to gain entrance to this courthouse, the room currently used by the law clerk of Justice Jacob will be used when an individual with a mobility impairment needs to access services provided in the basement, such as the Victim Witness Program or Community Services. Until the ramp is installed, special arrangements will be made to provide Victim Witness program and Community Services program services to mobility-impaired individuals in an accessible location. [Upon execution of the Settlement Agreement]

16.) The room currently used by the law clerk of Justice Jacob will be used when an individual with a mobility impairment needs to access the law library services provided on the second floor. A computer terminal that has access to electronic research material will be located in this room. A telephone will also be available in this room to contact the law librarian directly. [Upon execution of the Settlement Agreement]

17.) A notice that anyone who needs accommodation at the New Bedford Superior Court should call the ADA Coordinator to make the necessary arrangements will be printed on the standard tracking form generated by the ForeCourt computer system. A similar notice will appear on all court-generated notices of pre-trial conferences and motion hearings. In addition, the notice will be posted on the appropriate Trial Court web site, and will be placed on the courthouse’s automated telephone system. [Upon execution of the Settlement Agreement]

18.) If an individual with a mobility impairment chooses or is required to attend a court proceeding at the New Bedford Superior Court, that proceeding will be scheduled to be held in the first floor courtroom provided that at least 48 hours’ advance notice has been given to the ADA coordinator requesting such an accommodation. If the requesting individual is unable to gain entrance to this courthouse (in the interim period prior to installation of a ramp to the side entrance of the building), special arrangements will be made to reschedule the proceeding in an accessible location. [Upon execution of the Settlement Agreement]

19.) Where a participant in the court proceeding (party, attorney, witness) has not provided 48 hours’ notice, and if the first floor courtroom is not available, the proceeding will be rescheduled until a date when it can be conducted in the first floor court room or an accessible location. [Upon execution of the Settlement Agreement]

Appendix C

C. Fall River Superior Court

1.) A temporary accessible ramp will be installed at the side entrance of the building. [February 2004]. An accessible entrance will be maintained until such time as the Trial Court vacates the building.

2.) An accessible path of travel will connect the ramp to nearby accessible parking. [Within 60 days of the completion of the ramp]

3.) The Commonwealth's agents will work with the County's agents to create, in an appropriate location, accessible parking spaces restricted to persons with disabilities. [Within 60 days of the completion of the ramp]

4.) Any individual who enters the courthouse who cannot directly or personally access programs or services on the second floor or third floors, will be assisted by the court officer or the associate court officer to contact the ADA coordinator, who will make the necessary arrangements for the services to be provided on the first floor or an appropriate accessible location. [Upon execution of the Settlement Agreement]

5.) A courtroom on the first floor will be made internally accessible for spectators, witnesses, attorneys, and jurors. [Upon execution of the Settlement Agreement]

6.) An accessible restroom will be provided on the first floor. [Upon execution of the Settlement Agreement]

7.) An assistive listening system will be installed in the accessible courtroom. [Upon execution of the Settlement Agreement]

8.) An accessible public telephone and TTY device will be installed on the first floor. [Upon execution of the Settlement Agreement]

9.) Appropriate signage will be installed directing people to the accessible entrance and to the ADA coordinator. [No later than the date the temporary ramp is opened for use by the general public.]

10.) Civil proceedings will be scheduled in the first floor courtroom when necessary to accommodate attorneys, parties, witnesses or jurors with mobility impairments. [Upon execution of the Settlement Agreement]

11.) A court room on the first floor will be used as the jury pool when a juror with a mobility impairment has been summoned for jury duty and as the jury deliberation room when a juror with a mobility impairment has been empaneled on a jury. Prospective jurors will be requested to respond to the Jury Commissioner indicating that they will need accommodations to fulfill their jury obligations at the Fall River Superior Court at least seven days in advance of the date they are called for service. [Upon execution of the Settlement Agreement]

12.) Doors in the path of travel to public spaces on the first floor will be made usable by persons with disabilities. [Upon execution of the Settlement Agreement]

13.) Public counters on the first floor of the Fall River courthouse will be lowered, or a folding counter will be added, or an accessible counter or table will be provided. [Upon execution of the Settlement Agreement]

14.) The room currently used by the law clerks or the unused judge’s lobby will be used when an individual with a mobility impairment needs to access services provided on the second or third floor, including probation services. [Upon execution of the Settlement Agreement]

15.) The room currently used by the law clerks or the unused judge’s lobby will be used when an individual with a mobility impairment needs to access the law library services provided on the second floor of the Registry of Deeds building. A computer terminal that has access to electronic research material will be located in this room. A telephone will also be available in this room to contact the law librarian directly. [Upon execution of the Settlement Agreement]

16.) A notice that anyone who needs accommodation at the Fall River Superior Court should call the ADA Coordinator to make the necessary arrangements will be printed on the standard tracking form generated by the ForeCourt computer system. A similar notice will appear on all court-generated notices of pre-trial conferences and motion hearings. In addition, the notice will be posted on the appropriate Trial Court Web Site, and will be placed on the courthouse’s automated telephone system. [Upon execution of the Settlement Agreement]

17.) If an individual with a mobility impairment chooses or is required to attend a court proceeding at the Fall River Superior Court, that proceeding will be scheduled to be held in the first floor courtroom provided that at least 48 hours= advance notice has been given to the ADA coordinator requesting such an accommodation. If the requesting individual is unable to gain entrance to this courthouse (in the interim period prior to installation of a ramp to the side entrance of the building), special arrangements will be made to reschedule the proceeding in an accessible location. [Upon execution of the Settlement Agreement]

18.) Where a participant in the court proceeding (party, attorney, witness) has not provided 48 hours’ notice, and if the first floor courtroom is not available, the proceeding will be rescheduled until a date when it can be conducted in the first floor courtroom or another accessible location. [Upon execution of the Settlement Agreement]

Appendix D

D. Taunton Superior Court

1.) A durable, long-term ramp will provide access to the front entrance of the building and the entrance doors will be modified to allow for easy access by persons with disabilities. [June 2004]

2.) An accessible restroom will be provided on the first floor. [June 2004] The Commonwealth official overseeing this project will instruct the contractor to give this action item top priority.

3.) As soon as the long-term ramp is installed, accessible parking spaces restricted to persons with disabilities will be provided near the end of the ramp and the walkway between the parking spaces and the ramp will be made accessible.

4.) Any individual who enters the courthouse who cannot directly or personally access programs or services on the second floor or third floors will be assisted by the court officer or the associate court officer to contact the ADA coordinator who will make the necessary arrangements for the services to be provided on the first floor. [Upon execution of this Settlement Agreement]

5.) The Juvenile Court courtroom on the first floor will be made accessible for spectators, witnesses, attorneys, and jurors. [Upon execution of the Settlement Agreement]

6.) An accessible public telephone and TTY device will be installed on the first floor. [Upon execution of the Settlement Agreement]

7.) Appropriate signage will be installed directing people to the ADA coordinator. [Upon execution of the Settlement Agreement] Appropriate permanent signage will be installed directing people to the accessible entrance. [June 2004]

8.) An elevator providing access to the basement, first, and second floors will be installed. [October 2004]

9.) Until the new elevator is installed providing access to the second floor, civil proceedings will be scheduled in the first floor Juvenile Court courtroom when necessary to accommodate attorneys, parties, witnesses, or jurors with mobility impairments. [Upon execution of the Settlement Agreement]

10.) Until the new elevator is installed providing access to the second floor, the Juvenile Court courtroom on the first floor will be used as the jury pool when a juror with a mobility impairment has been summoned for jury duty. A designated room on the first floor will be used as the jury deliberation room when a juror with a mobility impairment has been empaneled on a jury. Once the new elevator is installed, the courtroom on the second floor will serve as the jury pool when a juror with a mobility impairment has been summoned for jury duty. At that time, the room behind the courtroom will be used as the jury deliberation room when a juror with a mobility impairment has been empaneled. Prospective jurors will be requested to respond to the Jury Commissioner indicating that they will need accommodations to fulfill their jury obligations at the Taunton Superior Court at least seven days in advance of the date they are called for service. [Upon execution of the Settlement Agreement]

11.) A designated room on the first floor will be used when an individual with a mobility impairment needs to access services provided on the second or third floors, including probation services. [Upon execution of the Settlement Agreement]

12.) Until the new elevator is installed providing access to the second floor, the designated room on the first floor will be used when an individual with a mobility impairment needs to access the law library services provided on the second floor. A computer terminal that has access to Internet legal research material will be located in this room. A telephone will also be available in this room to contact the law librarian directly. [Upon execution of the Settlement Agreement]

13.) A notice that anyone who needs accommodation at the Taunton Superior Court should call the ADA Coordinator to make the necessary arrangements will be printed on the standard tracking form generated by the ForeCourt computer system. In addition, the notice will be posted on the appropriate Trial Court Web Site, and will be placed on the courthouse’s automated telephone system. [Upon full execution of the Settlement Agreement]

14.) Until the new elevator is installed providing access to the second floor,
if an individual with a mobility impairment chooses or is required to attend a court proceeding at the Taunton Superior Court, that proceeding will be scheduled to be held in the first floor Juvenile Court courtroom, provided that at least 48 hours’ advance notice has been given to the ADA coordinator requesting such an accommodation. [Upon execution of the Settlement Agreement]

15.) Where a participant in the court proceeding (party, attorney, witness) has not provided 48 hours’ notice, and if the first floor Juvenile Court courtroom is not available, the proceeding will be rescheduled until a date when it can be conducted in the first floor court room. [Upon execution of the Settlement Agreement]

Appendix E

E. Taunton District Court

1.) All Taunton District Court programs, services, and judicial proceedings will be moved to accessible facilities in the Cohannet School in Taunton. [February 2005]

2.) Until the District Court is operating in an accessible facility, appropriate signage will be installed directing people to the accessible entrance at the Taunton Superior Courthouse and explaining how to make telephone contact with the ADA coordinator for the Taunton District Court. [Upon execution of the Settlement Agreement]

3.) Until the District Court is operating in an accessible facility, any individual who cannot directly or personally access programs or services provided in the Taunton District Court courthouse will be assisted by a court officer in contacting the ADA coordinator who will make the necessary arrangement for the services to be provided at the Taunton Superior Courthouse. [Upon execution of the Settlement Agreement]

4.) Until the District Court is operating in an accessible facility, civil and criminal proceedings will be scheduled in the first floor Juvenile Court courtroom (or the second floor courtroom once the elevator has been installed) located in the Taunton Superior Court courthouse, whenever necessary to accommodate attorneys, parties or witnesses with mobility impairments. [Upon execution of the Settlement Agreement]

5.) Individuals with mobility impairments who are summoned to the Taunton District Court for jury duty will be notified that the courthouse is not accessible to persons with disabilities and these individuals will be reassigned, if they choose, to another District Court in Bristol County for jury duty. [Upon execution of the Settlement Agreement]

6.) Until the District Court is operating in an accessible facility, criminal defendants with mobility impairments will be arraigned in the first floor Juvenile Court courtroom in the Taunton Superior Courthouse. [Upon execution of the Settlement Agreement]

7.) Until the District Court is operating in an accessible facility, probationers with mobility impairments will be provided with probation services at the Probation Department offices located at 18 Broadway in Taunton or an appropriate accessible location such as the probationer’s home. [Upon execution of the Settlement Agreement]

8.) Until the District Court is operating in an accessible facility, individuals with mobility impairments who need to access the civil or criminal clerk’s offices or the small claims offices will be provided with the services that they require in the designated room on the first floor of the Superior Courthouse. [Upon execution of the Settlement Agreement]

9.) Until the District Court is operating in an accessible facility, small claims proceedings will be scheduled in the first floor Juvenile Court courtroom of the Taunton Superior Courthouse when necessary to accommodate attorneys, parties, or witnesses with mobility impairments. [Upon execution of the Settlement Agreement]

10.) Until the District Court is operating in an accessible facility, a notice, printed on colored paper, will be included in every piece of mail sent from the Taunton District Court (including the Probation Department, the Clerk-Magistrate, and the judges= lobbies), announcing that anyone who needs accommodation at the Taunton District Court should call the ADA Coordinator to make the necessary arrangements. In addition, the notice will be posted on the appropriate Trial Court Web Site, and will be placed on the courthouse’s automated telephone system. [Upon execution of the Settlement Agreement]

11.) If an individual with a mobility impairment chooses or is required to attend a court proceeding at the Taunton District Court, that proceeding will be scheduled to be held in the first floor Juvenile Court courtroom at the Taunton Superior Courthouse (or the second floor courtroom in the Taunton Superior Courthouse once the elevator is installed) provided that at least 48 hours’ advance notice has been given to the ADA coordinator requesting such an accommodation. [Upon execution of the Settlement Agreement]

12.) Where a participant in the court proceeding (party, attorney, witness) has not provided 48 hours’ notice, and if the first floor Juvenile Court courtroom (or the second floor courtroom in the Taunton Superior Courthouse once the elevator is installed) is not available, the proceeding will be rescheduled until a date when it can be conducted in an accessible court room at the Taunton Superior Court courthouse. [Upon execution of the Settlement Agreement]

Appendix F

F. Taunton Probate and Family Court

1.) As set forth in Appendix G, Bristol County and the Commonwealth will create an accessible entrance to the Taunton Probate and Family Court, with construction of an elevator to all floors of this facility to commence on or before May 31, 2004.

2.) Until the new entrance and elevator are constructed by the Defendants, appropriate signage will be installed directing people to the accessible entrance at the Taunton Superior Courthouse and explaining how to make telephone contact with the ADA coordinator for the Taunton Probate and Family Court. [Upon execution of the Settlement Agreement]

3.) Until the new entrance and elevator are constructed by the Defendants, any individual who cannot directly or personally access programs or services provided in the Taunton Probate and Family Courthouse will be assisted by a court officer in making contact with the Probate Court’s ADA coordinator, who will make the necessary arrangements for services to be provided at the Taunton Superior Courthouse. [Upon execution of the Settlement Agreement]

4.) Until the new entrance and elevator are constructed by the Defendants, court proceedings will be scheduled in the first floor Juvenile Court courtroom (or the second floor courtroom in the Superior Courthouse once the elevator has been installed) whenever necessary to accommodate attorneys, parties, or witnesses with mobility impairments. [Upon execution of the Settlement Agreement]

5.) Until the new entrance and elevator are constructed by the Defendants, individuals with mobility impairments who need to access the family service office (Probation Department) will be provided with those services in the designated room on the first floor of the Taunton Superior Courthouse. [Upon execution of the Settlement Agreement]

6.) Until the new entrance and elevator are constructed by the Defendants, individuals with mobility impairments who need to access the Registrar of Probate's offices, the civil or criminal Clerk's offices, or the Small Claims Department offices will be provided with the services that they require in the designated room on the first floor of the Taunton Superior Courthouse. [Upon execution of the Settlement Agreement]

7.) Until the new entrance and elevator are constructed by the Defendants, a notice stating that individuals with disabilities needing accommodation should call the ADA coordinator will be printed on every envelope that is used by the Registrar of Probate to send any written material from that office. In addition, the notice will be posted on the appropriate Trial Court web site, and will be placed on the courthouse’s automated telephone system. [Upon execution of the Settlement Agreement]

8.) Until the new entrance and elevator are constructed by the Defendants, if an individual with a mobility impairment chooses or is required to attend a court proceeding at the Taunton Probate and Family Court, that proceeding will be scheduled to be held in the first floor Juvenile Court courtroom at the Taunton Superior Courthouse (or the second floor courtroom in that courthouse once the elevator is installed), provided that at least 48 hours’ advance notice has been given to the ADA coordinator requesting such an accommodation. [Upon execution of the Settlement Agreement]

9.) Where a participant in the court proceeding (party, attorney, witness) has not provided 48 hours’ notice, and if the first floor Juvenile Court courtroom (or the second floor courtroom in the Taunton Superior Courthouse once the elevator is installed) is not available, the proceeding will be rescheduled until a date when it can be conducted in an accessible court room at the Taunton Superior Courthouse. [Upon execution of the Settlement Agreement]

10.) An accessible public telephone and TTY device will be installed on the first floor of this courthouse. [Upon execution of the Settlement Agreement]

11.) Once the new entrance and elevator are constructed by the Defendants, the Commonwealth will make the courtroom, clerk’s office, and Registrar of Probate office accessible. [Within 60 days of the date the elevator becomes operational]

Appendix G

1. The County will design and construct a ramp to provide access to the Fall River Registry of Deeds, construction to commence no later than April 30, 2004.

2. The County, in conjunction with DCAM, will design and construct an elevator in the Taunton Registry of Deeds with construction to commence on or before May 31, 2004.

3. The County will install an elevator in the New Bedford Registry of Deeds, with construction to commence on or before August 31, 2004.

4. The elevators and ramps referred to in paragraphs 1, 2, 3 shall comply with the standards set forth in 28 CFR Part 36, App. A.

5. The County will guarantee the continuous existence of a temporary ramp leading to the front entrance of the Taunton Superior Court courthouse until such time as the long-term ramp called for in Appendix D, item no. 1, is installed. Upon execution of the Settlement Agreement, the County will install appropriate temporary signage directing people to this accessible entrance.

6. On or before the date the elevator or ramp in a Registry building is completed, the County will make the following additional structural changes: construct accessible bathrooms in each Registry; install accessible drinking fountains and telephones; make available a TTY telephone; install signage that is accessible to individuals with disabilities; install visual alarms; and install accessible parking. Such work will be done in conformance with the standards set out in 28 CFR Pt. 36, App. A 4.6; 4.15 -26; 4.28; 4.29-31.

7. In consultation with Commonwealth officials, the County will designate and provide accessible parking spaces restricted to persons with disabilities in appropriate locations near the entrances to the Taunton, Fall River, and New Bedford Superior Court courthouses and the Taunton, Fall River, and New Bedford Registries of Deeds. [February 2004]

8. Upon execution of the Settlement Agreement, the County will institute procedures that will make the services of the Registries accessible to and usable by individuals with disabilities, and continue the use of these procedures until structural changes are completed that will enable individuals with disabilities to enter the buildings.

A. The Registries will promptly post notices on their web-sites, inside the Registry, and outside the Registry, at or near the foot of the steps, notifying individuals that services are available to individuals with disabilities. The notices will contain, at a minimum, the information set forth in Exhibit 1, attached hereto.

B. The Registries will provide “curb-side service” for filing documents by meeting an individual with a mobility impairment outside the building, and filing the document while the individual waits. Each Registry will establish procedures for the individual with a disability to contact a clerk. The clerk will initiate service within 10 minutes of arrival and will place the request in the queue for services.

C. The Registries will permit individuals with mobility impairments who are prevented by the physical barriers from getting into the Registry of Deeds, to have access to the on-line search services at no cost.

D. The Registries will continue their current practices of providing certain services, such as document retrieval in response to requests received via internet, telephone, fax and mail; readers for visually impaired users; and assistance in carrying or reaching documents.

E. The Registries will retain at least three professionals, at rates that are mutually acceptable, who will be available to perform title searches, partial title searches and other searches and rundowns for qualified individuals with disabilities. It is understood that the user will select the professional, and that the professional will seek payment from the Registry. This paragraph is not intended to cover individuals with mobility impairments whose main occupation is to perform title searches.

F. The Registry may charge copying fees for documents at the same cost per page that individuals pay for making their own copies. The Registry will not charge individuals with mobility impairments, who are unable to gain access to the building, for providing documents via facsimile or mail.

G. The parties may review these procedures six months from the date the Agreement is executed, and from time to time, as necessary.

9. Any individual who self- identifies as a person with a mobility impairment who cannot climb stairs to access a Registry, will be assumed to be an individual with a disability entitled to the services described herein.

10. Each Registry will appoint an ADA coordinator who will, in conjunction with the Registrar of Deeds, have overall responsibility to implement the new procedures, train staff about the procedures and their obligations to provide services to individuals with disabilities, and who, along with the rest of the staff, can answer questions from the public. All staff at each Registry will be fully trained in the services that are provided to individuals with disabilities, so that they can respond to inquiries from the public. [Upon execution of the Settlement Agreement]

11. Registry staff will continue to provide services, such as locating documents; transporting volumes; and copying documents, in order to assist individuals with disabilities.

12. Each Registry will maintain records of any communications it receives regarding the procedures described herein, or implementation of the procedures. Every six months, for a period of three years from the date this Agreement is executed, they will provide these documents to the United States and private plaintiffs in order that they can review the effectiveness of the procedures.

NOTICE TO INDIVIDUALS WITH A DISABILITY [Exhibit 1]

The ____________ Registry of Deeds is not physically accessible to individuals with mobility impairments. In accordance with the requirements of title II of the Americans with Disabilities Act [ADA], the Registry will make alternative arrangements so that you will have access to the documents you wish to review or services you require.

Any individual with a disability who requires an accommodation, as described in this Notice, or other assistance, should contact the ______________ Registry of Deeds at 508- __________.
If you are dissatisfied with our services, or believe we can do better, please contact__________, the Registrar of Deeds for _____________.





March 12, 2004