National Association of the Deaf

On August 3, 2009, the NAD filed an amicus curiae “friend of the court” brief in the Supreme Court of Ohio. The brief was filed in response to a ruling by an Ohio Court of Appeals that overturned the conviction of a criminal defendant solely because one juror was hard of hearing.

The NAD brief says that deaf and hard of hearing individuals are just as capable as hearing individuals to serve as fair and competent jurors. The exclusion of deaf and hard of hearing individuals from this important form of civic participation is also contrary to the purpose of the Americans with Disabilities Act (ADA).

The NAD said that the Ohio Court of Appeals erred in reversing the conviction based solely on the juror’s hearing disability. Before the trial started, the juror told the trial court she was hard of hearing, and the court accommodated her disability as she requested. Court cases and state laws throughout the United States support the inclusion of deaf and hard of hearing individuals as jurors. The ADA prohibits exclusion of deaf and hard of hearing individuals as jurors. Ohio’s law and policy similarly mandate inclusion of deaf or hard of hearing individuals in jury service.

The unintended effect of the Ohio Court of Appeals’ decision is to encourage trial courts to exclude people from jury service solely because they are deaf or hard of hearing – the very type of discrimination that the ADA is intended to prevent. With accommodations, the juror was qualified under Ohio law, rules of the court, and the ADA to perform the duties of a juror. She could understand the evidence, evaluate it fairly, and carefully apply the law to the evidence.

The NAD urged the Ohio Supreme Court to reverse the Court of Appeals’ decision and reinstate the defendant’s convictions. The NAD was joined on the brief by the Ohio Legal Rights Service, the Ability Center of Greater Toledo, the Ohio Association of the Deaf, Communication Service for the Deaf, and the Ohio School for the Deaf.

Read the Ohio Supreme Court brief.

The filing of this brief comes on the heels of a fierce debate in the North Carolina state legislature over legislation that would permit deaf individuals to serve as jurors. The NAD supports this legislation and was appalled by the negative and disturbing comments made by some legislators. Read more information.