FAQs about court digital accessibility
What do I do if I have questions about compliance or the exceptions in the DOJ rule?
Court personnel should consult legal counsel. Accessibility requirements can vary based on specific circumstances, and legal guidance can help determine how the rule applies, whether an exception is appropriate, and how to document accessibility efforts.
Do court forms need to be accessible, even if they were created before the compliance deadline?
Yes. Court forms that are currently used to apply for, access, or participate in court services do not qualify for exceptions, even if they were created before the compliance deadline. If a form is still in use, it must meet accessibility requirements, including WCAG 2.1 Level AA.
Always consult legal counsel for guidance as needed.
Do court dockets and online case records need to be accessible?
Yes. If courts provide public-facing online docket information or public case records, those systems should be accessible to users with disabilities. Courts may need to work with technology vendors to ensure these systems meet accessibility standards.
Are courts responsible for making litigant filings accessible?
Generally, courts are responsible for ensuring the accessibility of their own digital content, such as websites, forms, court orders, opinions, and official documents. Courts are typically not responsible for remediating documents filed by litigants. Courts should consult legal counsel for jurisdiction-specific guidance.
What should small courts with limited resources do first?
Courts with limited staff or funding should focus on:
- Ensuring all new content is accessible going forward
- Prioritizing high-traffic pages and commonly used forms
- Using built-in accessibility tools in Word and Adobe
- Seeking assistance from state court administrative offices or accessibility programs
What accessibility tools are courts using?
Panelists in the Digital Accessibility & the Courts webinar are using a combination of automated and manual tools, including:
- Microsoft Word accessibility checker
- Adobe Acrobat accessibility tools
- Software for PDF accessibility
- Screen readers such as NVDA or JAWS
Massachusetts courts have also partnered with law schools to train law students to use a screen reader to assist with testing remediated forms and documents.
Can artificial intelligence help with accessibility work?
AI tools can assist with tasks such as generating alternative text or identifying basic issues. However, AI cannot fully determine document structure (headings, lists, or tables) or ensure compliance with accessibility standards. Human review is still necessary.
Do scanned documents meet accessibility requirements?
Not automatically. A scanned document must be processed with optical character recognition (OCR) software to extract readable text. Without OCR, scanning removes the tags and structure that assistive technologies rely on. Courts should avoid posting scanned PDFs when possible and instead create accessible digital documents.
Does the accessibility rule apply to social media?
Yes. Accessibility standards apply to public-facing digital content, including social media posts by courts.
For example, courts should:
- Include alternative text for images
- Provide captions for videos
- Ensure any linked documents are accessible
Are archived or older documents required to be accessible?
Some older content may qualify for limited exceptions if it is no longer in active use. However, documents still used to access court services — such as forms — must be accessible regardless of when they were created. Courts should review DOJ guidance and consult legal counsel as needed.
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