Duvall

Opinion by Judge REINHARDT; Dissent by Judge RYMER

Christopher Duvall brought this action against a superior court judge, Kitsap County, the County’s Americans with Disabilities Act (“ADA”) coordinator, the chairperson of the County’s ADA committee, and the person who served as court administrator and court ADA coordinator. Duvall alleged that these defendants failed to accommodate his hearing impairment during the state court proceedings involving the dissolution of his marriage. Specifically, he contends that the defendants violated the ADA, Section 504 of the Rehabilitation Act, and the Washington Law against Discrimination (WLAD) by refusing to provide real-time transcription for his hearings. 1 The district court granted summary judgment to all defendants as to all claims. Duvall appeals.

I. Background

Christopher Duvall is completely deaf in his left ear and has a severe hearing impairment in his right ear. Because he *1130 does not sign well enough to use American Sign Language or Signed English, Duvall’s primary mode of receiving communication is through the written word. He wears custom-fitted hearing aids and is able to communicate effectively in one-on-one…

dissenting:

Like Judge Kruse, the Court Administrator, Madelyn Botta, is sued for damages and like him, I believe she is entitled to immunity. As the majority recognizes, the judge was performing a judicial function when he declined on the first day of trial (June 21, 1995) to order videotext display for Duvall and when he denied Duvall’s motion for a new trial (August 11) based on the absence of real time assistance at trial. Botta’s actions were functionally no different. For essentially the same reasons that Judge Kruse is absolutely immune, the Court Administrator should be, too.

Duvall argues that Judge Kruse acted in an administrative capacity in denying Du-vall’s request for accommodation and that “he has no immunity to share with the remaining defendants.” The majority holds otherwise with respect to the judge, and I agree. Duvall’s argument that Botta lacks immunity stems from the same premise — that Judge Kruse was performing an administrative, not a judicial, function, therefore so was the Court Administrator. As we unanimously reject this premise, this should be the end of the matter.

Court clerks or administrators are entitled to absolute immunity from liability…