What courts need to know about the DOJ digital accessibility rule & compliance deadline

Start by auditing your digital content and developing a plan that focuses both on publishing accessible content going forward and then remediating existing content.

Some common accessibility issues include:

• Missing alternative (alt) text for images
• Insufficient color contrast between foreground and background
• Unclear or non-descriptive link text
• Long paragraphs, unclear instructions, or missing section headers
• Tables used for layout rather than data
• Missing form field labels and tooltips in PDF fillable forms
• Illogical reading order, tabbing order, or content tagging in PDFs
• Lack of meaningful link text
• Inability to use keyboard navigation and focus states

Important: The rule recognizes that, in limited circumstances, making certain content accessible may create an undue burden due to significant difficulty or expense, and courts should consult legal counsel when evaluating whether this exception applies.

Tip: Use a tracking system to record which assets need remediation, which have been completed, and whether work is handled internally or by a vendor. The system should also track responsibilities and timelines.

A note on PDFs: Where possible, convert informational content — such as guides and instructions — to HTML. HTML is more accessible and easier to maintain.

Documents commonly prioritized for HTML conversion or remediation include:

• Public information guides and instructions
• Policies and administrative documents
• Informational resources for litigants

Start with the content that gets the most traffic — web pages and forms that users access most often. This aligns accessibility work with the most impactful parts of the user experience.

Forms are often the largest accessibility challenge. Many courts maintain hundreds or thousands of PDF forms that may require remediation or redesign to make them accessible for people using assistive technologies such as screen readers. 

Common remediation needs include:

• Ensuring all content is tagged correctly
• Adding labels and tooltips to all form fields
• Ensuring logical reading and tabbing order
• Fixing color contrast
• Removing inaccessible layout tables
• Organizing content with clear headings and sections

Establish a process for ensuring new digital content meets the rule's technical standard (WCAG 2.1, Level AA).

Designing with accessibility in mind benefits all users and prevents future remediation work. 

Focus on:

• Identifying everyone who creates digital content
• Determining who will be responsible for ensuring digital content is accessible (this may be different people for different types of content)
• Understanding training needs
• Creating standards for when accessibility will be done in-house and when outside vendors may be necessary
• Assessing the cost of training and creating accessible content
• Identifying funding to support digital accessibility

Automated tools can identify many issues, but they cannot detect everything. Combine automated checking with manual testing and real-world feedback for the most reliable results. 

Testing methods include:

• Automated tools within Word and Adobe Acrobat
• Website accessibility testing tools 
• Manual testing using screen readers such as Voiceover, NVDA, or JAWS
• Feedback from users who rely on assistive technologies

Tip: Testing with someone who uses a screen reader or other assistive technology helps ensure content works effectively in real-world situations.

The accessibility rule applies to all online court services — including e-filing platforms, online payment systems, case record access, and other vendor-operated tools. Courts remain responsible for ensuring that content created by court vendors is accessible. Work closely with technology vendors to verify that these systems meet WCAG 2.1, Level AA.

Courts should also review vendor contracts and procurement policies to ensure accessibility requirements are included in future technology purchases. Review these NCSC resources on contracting for technology: Contracting Digital Services and Exiting Technology Projects.

Digital accessibility affects anyone who creates or publishes content — web teams, communications staff, forms developers, court administrators, and judicial staff. Assess who needs what level of training on digital accessibility and creating accessible content. 

Common training needs include:

• Foundational accessibility awareness
• Practical instruction on creating accessible content both on websites and in PDF format
• Detailed instruction on building accessible websites

Building accessibility into the content creation process — including court orders and opinions — helps prevent future remediation work.

A formal digital accessibility policy helps sustain this work beyond the compliance deadlines. Because digital content is created across many departments, a written policy ensures consistent standards statewide. 

Policies typically address:

• Compliance with federal and state law
• Accessibility standards for digital content
• Staff responsibilities
• Training requirements
• Ongoing monitoring and testing