Able News Column June 2025 – Access to Jury Duty

I’ve been told not once, but twice that I shouldn’t serve on a jury because of my disability. I use a wheelchair and am a practicing lawyer who argues cases in court. The idea that I might be too disabled to serve on a jury is mind-boggling.
While some people may not relish the idea of being on a jury, juror service is one of the most significant civic duties in a democracy. The Civil Rights Movement played a critical role in expanding jury service to include groups who had been historically excluded from jury participation, such as people of color and women. Representation on a jury matters to ensure justice.
Those facing criminal charges have the right to be tried by a jury of one’s peers, a fundamental right guaranteed by the Sixth Amendment of the U.S. Constitution. And in this moment in our nation’s history, the courts, including jurors, have an especially critical role to play in preserving long-held civil rights protections. People with many types of disabilities, along with all marginalized groups, are often forced to fight for our rights to participate in the judicial process as jurors so our interests are represented and our rights upheld.
Disability Rights Advocates has long played a role in ensuring people with disabilities can participate in civic processes—especially voting privately and independently. And I’m very excited to share that we’re now expanding that work to include protecting the rights of people with disabilities to participate as jurors. DRA and our co-counsel, Brown Goldstein & Levy, filed a case on behalf of Albert Elia, and the National Federation of the Blind (NFB) of New York after Mr. Elia was excluded from full participation in grand jury service in Kings County Supreme Court in New York because he is blind.
Mr. Elia was summoned to jury service and sworn in as a grand juror. For those who are less familiar with the criminal legal system, it’s important to note that grand juries are a special type of jury. Their role is to assess the government’s evidence that an individual committed a crime and determine whether there is enough evidence to bring criminal charges against that individual. Grand jurors typically consider many cases during their time of service.
Mr. Elia began his first day of service by hearing cases that involved photo and video evidence. In some of those cases, a government attorney presenting the evidence asked a witness to describe the evidence. However, this accommodation was not provided for all of the cases. Even though Mr. Elia requested accommodations that would allow him to interpret photo and video evidence, including audio description technology and verbal descriptions of material, the court did not make these accommodations. Later that day, the Court excluded Mr. Elia from grand jury service in cases that involved photo or visual evidence, despite the available accommodations. He was ultimately removed from continued participation altogether.
This is just one example of disability discrimination that deprives our justice system from benefiting from the valuable perspective of Mr. Elia and others with disabilities. DRA, our co-counsel, and our clients brought this case to ensure that the court makes jury service accessible for people with disabilities as required by the Americans with Disabilities Act and the Rehabilitation Act. And as with all of DRA’s cases, it is our hope that this case sets a precedent—so that courts across the country also take readily available measures to ensure participation by disabled jurors.
When people with disabilities participate in the judicial process, everyone benefits. If you’re interested in learning more about this case and all of DRA’s work to promote equity and inclusion for people with disabilities, visit our website. I look forward to soon sharing our victory on behalf of Mr. Elia, the NFB of New York, and all of us with disabilities. And the next time you receive that jury summons, I encourage your active participation!