Adjartey v. Cent. Div. of the Hous. Court Departmentand, 120 N.E.3d 297 (2019)

Citation: Adjartey v. Cent. Div. of the Hous. Court Departmentand, 120 N.E.3d 297 (2019)
Parent Document: Adjartey v. Cent. Div. of the Hous. Court Departmentand, 120 N.E.3d 297 (2019)
Jurisdiction: Massachusetts (state)
Effective Date: 2019-04-10
Original Source: https://www.courtlistener.com/opinion/7178223/adjartey-v-cent-div-of-the-hous... ↗

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In McDonough, 457 Mass. at 520 n.19, 528, 930 N.E.2d 1279, we addressed the duty of Massachusetts courts to make reasonable accommodations for witnesses with disabilities who require accommodations in order to testify in a criminal trial. We concluded, in relevant part, that (1) "where a witness with a disability requests accommodation in order to testify, MERA requires that the court provide such accommodation, so long as it is 'reasonable' " and (2) "where there is a dispute concerning such a witness's request for accommodation, a judge should conduct a hearing to resolve the dispute, preferably before trial, and the witness should be provided with reasonable accommodation, if available, during the pretrial hearing."25 Id. at 528, 930 N.E.2d 1279, quoting G. L. c. 93, § 103 (a ). The court also concluded that in order to facilitate appellate review of decisions concerning requests for accommodation, judges "should make findings adequate to permit such review."26 McDonough, supra at 526, 930 N.E.2d 1279.

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