Buffalo attorney Robert Friedman discusses the status of reopening courts across the state after a long hiatus during the COVID-19 pandemic.[/vc_column_text][vc_video link=”https://youtu.be/VN3uqePwDQ0″][vc_column_text]
Good Morning. I am Bob Friedman, Attorney with Friedman & Ranzenhofer, PC. Welcome to the August 26th, 2020 edition of the Legal Survival Channel: Today’s Legal News You Can Use.
Months after the Covid-19 pandemic caused them to close their doors to nonessential proceedings, New York’s courts have begun reviving in-person jury trials, joining courts across the country that have lifted their courthouse closures to varying degrees.
On August 24, 2020 New York Chief Judge Janet Difiore announced: “Efforts to gradually and responsibly restore in-person operations in courthouses continue to go well in courts across New York State. While the number of in-person proceedings, hearings and trials conducted so far has been limited, the overall experience has been positive and encouraging.”
The courts are utilizing technology to limit courthouse traffic. Foremost among these strategies is the expansion of e-filing, particularly in high-volume courts like the New York City Housing Court. Additionally, a new group text messaging tool is being developed that court staff can use to notify parties when their cases are ready, limiting congregation in crowded courtrooms. Still, most cases will be heard virtually for the foreseeable future
Problem solving courts, such as drug treatment, mental health, veterans and community courts, have also found ways to use remote technology to evaluate and admit new participants, track progress, connect participants with the necessary social services, and hold virtual graduations. Judge Difiore noted: “While the pandemic has intensified the problems facing many treatment court participants, and in some cases adversely affected their care systems, fortunately treatment court judges, coordinators, case managers and stakeholders have adjusted their operations and found new and innovative ways to connect with and support these individuals.
The Court of Appeals will hear oral argument in person during their September session. Health and safety protocols, including COVID screenings, mandated face coverings and social distancing by judges and counsel in the courtroom will be followed.
All four Departments of the NY Appellate Division have scheduled both in-person and remote oral argument for their September terms. These proceedings will be live-streamed publicly on each appellate court website.
Grand juries are now functioning in all of New York’s 62 counties . According to Judge Difiore: “Grand jury summonses have gone out for the next term of court that begins on September 8th, and the first petit jury summonses went out last week in the Fourth, Sixth, Seventh, Eighth Judicial Districts and Suffolk County.”
A limited number of civil and criminal trials have been scheduled for September in those same jurisdictions. Every detail of these proceedings, including the selection and seating of jurors, will be monitored to ensure full compliance with current health and safety protocols. As explained by Judge Difiore: “The right to a trial by jury is one of the pillars of our justice system. The courts have an obligation to restore this fundamental right as soon as it is prudent and responsible to do so.”
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