Policy for Use of a Support Person in Court Events by an Individual with a Disability 

  1. WHAT IS A SUPPORT PERSON?  A support person is a trusted individual, often a case worker, family member, or friend, who can serve to assist a qualified person with a disability in accessing court services and participating in court events. A support person is often allowed to sit next to a person with a disability when they appear for matters before the Court, to provide emotional support or cognitive support such as helping them to keep their notes organized. No special certification is required to be allowed as a support person, and the person with a disability is not required to pay someone to be their trusted personal support person. 

  2. ADA COMPLIANCE: The Maine Judicial Branch complies with Title II of the Americans with Disabilities Act (ADA) and accommodates people with disabilities so that they may access the Maine state courts and court services. Accommodations for people with disabilities, visible and invisible, include making reasonable modifications to Maine Judicial Branch services, programs, and events.

  3. WHAT IS AND IS NOT ALLOWED IN COURT? The magistrate, judge, or justice who will preside at the court event may reasonably modify the event to allow a personal Support Person for a party or court participant with a disability, if there is a connection between the nature of the disability and the kind of support the person identified can provide. The Court does not provide Support Persons. The Judicial Branch, including all Maine state courts, does not pay for the Support Person. A Support Person is not permitted to fundamentally alter the nature of the Court events, not to engage in the unauthorized practice of law, not to give legal advice, not to speak on behalf of the person with a disability, and not allowed to cause a disruption. The Support Person must identify themselves to the Court on the record if directed to do so by the magistrate, judge, or justice.

  4. PERMISSION TO BRING A SUPPORT PERSON. The party or court participant with a disability must ask for an ADA accommodation for their proposed Support Person to participate in each court event and may use help as needed to make the request. The party or court participant with a disability must then be given permission to bring their personal Support Person in advance of their court event, before bringing their support person.

  5. SCOPE OF POLICY. This Policy on Use of a Support Person by an Individual with a Disability does not limit the use of domestic violence and sexual abuse advocates to participate in certain court events and a support person may be allowed by a mediator to attend a mediation session according to the separate policies of the Court Alternative Dispute Resolution Service (CADRES).

  6. A SUPPORT PERSON MAY BE:
    1. a person who is there for the party or court participant with disabilities and does not have financial or personal interest in the case,
    2. a person who can remain calm and focused,
    3. a person who will not disrupt the events,
    4. an attorney, if that fact is disclosed in advance to the magistrate, judge, justice or court personnel and the request is approved, and
    5. a person whose involvement does not interfere with the interests of justice and fairness.
    6. No special certification is required to be a support person.

  7. A SUPPORT PERSON MAY NOT BE:
    1. a party or a witness in the hearing or trial, unless approved in advance by the court,
    2. a person who has any order of protection entered against them that includes a finding of abuse or harassment,
    3. a minor, or
    4. a person that a magistrate, judge, or justice in their discretion, determines to be ineligible to serve as a support person or orders removed from the court event to prevent any interference with the fair administration of justice.

  8. WITH APPROVAL, A SUPPORT PERSON MAY:
    1. sit next to the party or court participant with disabilities during court events held in person or provide support remotely if the matter is by videoconference or telephone;
    2. speak quietly with the party or court participant with disabilities to offer comfort, emotional support, or to maintain calm;
    3. speak quietly with the party or court participant with disabilities to repeat questions or statements made by other participants in the court event;
    4. take notes, write down instructions, and assist with filling out forms;
    5. help organize documents and give them to the party or court participant with disabilities as needed;
    6. repeat statements made by the party or court participant with disabilities, if necessary and directed by the magistrate, judge, or justice, to assist with effective communication; and
    7. perform any other task as requested by the magistrate, judge, or justice to help the party or court participant with disabilities during the court event.
  1. A SUPPORT PERSON MUST:
    1. act courteously during court events;
    2. introduce themselves by name and on the record to the court, regardless of whether the event is in person or by videoconference or telephone, when told by the magistrate, judge, or justice;
    3. follow directions provided by the magistrate, judge, or justice during court events; and
    4. provide support only as required by the party or court participant with a disability to accommodate their specific disability or disabilities.

  2. A SUPPORT PERSON MUST NOT:
    1. give legal advice; for example, the Support Person is not allowed to tell the party or court participant with a disability what to say or not say in response to a question, what questions to ask, which witnesses should or should not testify on their behalf, or what evidence they should or should not present in court;
    2. address the magistrate, judge, or justice without permission;
    3. speak on behalf of the party or court participant during the court event without permission from the magistrate, judge, or justice;
    4. examine witnesses;
    5. cause disruption or interfere with the magistrate, judge, justice, or other court personnel;
    6. record the court event; or
    7. disclose or use confidential information obtained during any court event.

  3. APPROVED SUPPORT PERSONS CAN BE REMOVED. If a Support Person causes disruption or interferes with the work of the magistrate, the judge, the justice, or any court personnel, with the events, or with the parties, the presiding magistrate, judge, or justice may have the Support Person removed from the courtroom or disconnected from a videoconference or telephone event and proceed without that Support Person.

  4. ADDITIONAL GUIDELINES FOR USE OF A SUPPORT PERSON:
    1. A party or court participant with a disability must ask for and be granted an ADA accommodation in advance to be allowed to bring a support person into a court event.
    2. The party or court participant with a disability asking to bring a personal Support Person must indemnify and save harmless the Maine Judicial Branch, its judicial officers, employees, and agents, from any and all claims and expenses, resulting from the disclosure or use of confidential information obtained by the personal Support Person during any court event.
    3. While a party or court participant with a disability may have various people willing to serve in a support person role, only one (1) Support Person at a time may serve in that role during court events.
    4. The availability of a party or court participant’s allowed Support Person may be considered in scheduling court events, if it does not unreasonably delay the resolution of the matter or interfere with the administration of justice; however, if a court date is set and a preferred support person is not available for the particular court date, the party or court participant with the disability wanting personal support may want to find an alternative support person to attend.
    5. A Support Person does not represent the party or court participant and may not speak to the Court on the party or court participant’s behalf.
    6. A Support Person may be refused if in the magistrate’s, judge’s, or justice’s judgment it would serve the interest of justice and fairness or may be removed from the courtroom or other court office—or disconnected from a videoconference or telephone event—if the Support Person is disruptive, interferes with the events, violates safety rules, fundamentally alters the nature of the events, or otherwise violates the guidelines within this Policy.

  5. EXAMPLES FOR USE OF A SUPPORT PERSON. A Support Person is often a trusted friend or family member who is familiar with the individual with a disability and able to provide support as required by the party of court participant to accommodate their specific disability. Examples include:
    1. Verbal Communication Support—for a person with a communication disability to assist with speaking and being understood in court. The Support Person—with permission from the magistrate, judge, or justice—might repeat for the Court what the party or court participant says, on the record, for a clear record. Some examples of communication disabilities which might impact speech include cerebral palsy, autism spectrum disorders, Parkinson’s disease, Down syndrome, cognitive disability, traumatic brain injury, and aphasia after a stroke.
    2. Emotional Support—for a person with a disability that impacts their ability to control their emotions or reactions and affects their access to their court event due to stress, anxiety, or extreme emotion. The Support Person might be needed to sit with the person and help them remain calm and/or focused, help organize paperwork, take notes, or request breaks if needed. Some examples of disabilities which might in include PTSD, Schizoaffective disorder, autism spectrum disorders, and auditory processing disorders.
    3. Cognitive Support—for a person with a disability that impacts their ability to understand or process information during a court event. The Support Person might be needed to take notes, help organize and handle documents or assist the party or court participant to understand statements made during the court event. Some examples of disabilities which might impact processing include intellectual disability, autism spectrum disorders, severe mental illness, traumatic brain injury, stroke, and Alzheimer's disease and other dementias.

Effective Date: 1/1/2025