SETTLEMENT AGREEMENT BETWEEN
                        THE UNITED STATES OF AMERICA
                                     AND
                       THE JUSTICE COURT, TOWN OF LLOYD
                     DEPARTMENT OF JUSTICE COMPLAINT NUMBER
        This matter was initiated by a complaint filed under title
II of the Americans with Disabilities Act (ADA), 42 U.S.C. 
12131-12134, with the United States Department of Justice, Civil
Rights Division, Disabilities Rights Section (the "Department"),
against the Justice Court Town of Lloyd (the "Court"). The
complaint alleges that in a proceeding involving a witness, (who
is deaf), the Court did not secure the services of a qualified
oral interpreter(s). Pursuant to the provision of the ADA
entitled "Alternative Means of Dispute Resolution," 42 U.S.C. 
12212, the parties have entered into this Settlement Agreement.
        The Department is authorized under 28 C.F.R. Part 35,
Subpart F, to investigate fully the allegations of the complaint
in this matter to determine the compliance of the Court with
title II of the ADA and the Department's implementing regulation,
issue findings, and, where appropriate, negotiate and secure
voluntary compliance agreements. Furthermore, the Attorney
General is authorized under 42 U.S.C.  12133, to bring a civil
action enforcing title II of the ADA should the Department fail
to secure voluntary compliance pursuant to Subpart F. In
consideration of the terms of this Agreement as set forth below,
the Attorney General agrees to refrain from undertaking further
investigation or from filing civil suit in this matter.
        The parties to this Agreement are the United States of
America and the Court. In order to avoid the burdens and expenses
of possible litigation, the parties hereby agree as follows:
        1.      The ADA applies to the Court because it is a public
entity as defined in 42 U.S.C.  12131.
        2.      Title II of the ADA prohibits discrimination against
qualified individuals with disabilities on the basis of
disability in the services, programs, or activities of the Court,
including all judicial proceedings.
        3.      Any participant, meaning any party, witness, juror, or
spectator, who is deaf or hearing impaired may not be denied an
equal opportunity to participate in any proceeding before the
Court because of the disability or because of the requirement for
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interpreters.
        4.      When provision of interpreting services is required to
ensure effective participation by an individual who is deaf or
hard of hearing, the Court will, upon reasonable notice, secure
the services of qualified interpreter(s).
        5.      The Court has developed a written policy, which is
attached, to provide that in those proceedings where an
interpreter is required to ensure effective participation by any
individual who is deaf or hearing impaired the Court will, upon
reasonable notice, secure the services of a qualified
interpreter(s).
        6.      The Court agrees to inform and instruct all its employees
who are in any way responsible for the conduct of any proceedings
to adhere to and comply with the policy.
        7.      Copies of the policy will be provided to members of the
public upon request.
        8.      Within thirty (30) days of the effective date of this
Agreement, the Court will post in public the following notice or
an equivalent on Public Bulletin Boards within the Court
building:
        In accordance with the requirements of title II of the
        Americans with Disabilities Act, the Justice Court Town of
        Lloyd will not discriminate against qualified individuals
        with disabilities on the basis of disability in its
        services, programs, or activities. In those proceedings
        where provision of interpreting services is required to
        ensure effective participation by any party, witness, juror,
        or spectator who is deaf or hard of hearing, the Court will,
        upon reasonable notice, secure the services of qualified
        interpreter(s).
        9.      This Agreement is a public document. A copy of this
document or any information contained in it may be made available
to any person by the Court or the Department on request.
        10.     The Department of Justice may review compliance with
this Agreement at any time. If it determines that this Agreement
or any requirement thereof has been violated, it may institute
civil action seeking specific performance of the provisions of
this Agreement in an appropriate Federal court.
        11.     The Department of Justice's failure to enforce this
entire Agreement or any provision thereof with respect to any
deadline or any other provision herein will not be construed as a
waiver of the Department of Justice's right to enforce other
deadlines and provisions of this Agreement.
        12.     In the event that the Court fails to comply in a timely
manner with any requirement of this Agreement without obtaining
sufficient advance written agreement with the Department of
Justice as a temporary modification of the relevant terms of this
Agreement, all terms of this Agreement will become enforceable in
an appropriate Federal court.
        13.     The effective date of this Agreement is the date of the
last signature below.
        14.     This Agreement constitutes the entire agreement between
the parties on the matters raised herein, and no other statement,
promise, or agreement, either written or oral, made by either
party or agents of either party, that is not contained in this
written agreement, will be enforceable. This Agreement does not
purport to remedy any other potential violations of the Americans
with Disabilities Act or any other Federal law. This Agreement
does not affect the Court's continuing responsibility to comply
with all aspects of the Americans with Disabilities Act.
For the Court:                  For the United States:
(Signature)                     (Signature)
________________________        ______________________
                                Ron Whisonant
Maurice Downing                 Investigator
Town Justice                    Disability Rights Section
Town of Lloyd                   Civil Rights Division
P.O. Box 982                    U.S. Department of Justice
Highland, New York 12528        P.O. Box 66738
                                Washington, D.C. 20035-6738
Date  9-11-96                   Date 9/17/96
(Signature)
___________________________
Harold C. Berean, Jr.
Supervisor/ADA Coordinator
Town of Lloyd
PO Box 897
Highland NY 12528
Date: 9/11/96
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   POLICY ON INTERPRETING SERVICES IN JUSTICE COURT PROCEEDINGS
INVOLVING INDIVIDUALS WHO ARE DEAF OR HEARING IMPAIRED
        It is the policy of the Justice Court Town of Lloyd that in
those proceedings where an interpreter is required to ensure
effective participation by any party, witness, juror, or
spectator who is deaf or hearing impaired the Court will, upon
reasonable notice, secure the services of a qualified
interpreter(s). The term "qualified interpreter" means an
interpreter who is able to interpret effectively, accurately, and
impartially both receptively and expressively, using any
necessary specialized vocabulary.
        Before determining the type of interpreting services to be
secured, the Court or its designated representative will confer
with an individual with a disability regarding his or her mode of
communication (i.e., American Sign Language, Signed English, or
oral interpreting). The Court or its designee will then
determine the type of the services and the date, time, and place
where such services will be required. The Court will then secure
an interpreter(s) who is/are capable of providing these services
and negotiate payment terms from appropriate budgeted funds.
        Upon the date, place, and time noted, and prior to
continuing with any proceeding, the Court or other designated
official will inquire of the individual, through the interpreter,
whether the individual is confident that the interpreter's skills
will ensure an adequate and accurate interpretation of the
communication of the proceeding, and whether or not the
individual feels the interpreter is impartial. If either of
those questions are answered in the negative, further efforts
will be made by the Court or its designee to acquire a qualified
interpreter. If those two questions are answered in the
affirmative, the Court will ask the interpreter whether he or she
will be able to interpret the proceedings. The proceedings will
continue unless the interpreter is unable to satisfy the criteria
for a qualified interpreter, at which time a qualified
interpreter will be obtained.
        The Court may not require an individual to bring his or her
own family members or friends to interpret. In the event the
individual brings his or her own interpreter to any proceeding,
the Court or its designee will ask the individual and the
interpreter whether the individual is confident that the
interpreter's skills will ensure an adequate and accurate
interpretation of the communication of the proceeding, and
whether or not the individual feels the interpreter is impartial.
If the Court and the individual are satisfied that the
interpreter is qualified, the Court will cover the cost of
interpreting services and the proceedings will continue.
Otherwise, the Court or its designee will obtain a qualified
interpreter.
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        The Court, by and through the Chief Judge, will cause these
procedures to be distributed to all judges and staff of the
judiciary. Upon request, the coordinator for the Americans with
Disabilities Act will be available to answer all inquiries and
will obtain sufficient training materials on the requirements for
effective communication.
        The Court, by and through the Chief Judge, will notify
individuals who are deaf or hearing impaired about the provision
of auxiliary aids and services to ensure effective participation.
The Court will distribute this information through pamphlets,
posters or other appropriate means.
        Notice of the Court's commitment to comply with the
provisions of the Americans with Disabilities Act is to be
provided to all parties, witnesses, jurors, and spectators in
judicial proceedings.
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