The doors to the state courthouse at 60 Centre St. in Manhattan have been boarded shut while non essential court proceedings have been shut down due to COVID-19. (Photo: Ryland West/ALM.)New York Court System Plans to Relax Coronavirus Restrictions
The memorandum states the ban on filing new nonessential matters will continue, but the system will move to open up remote access for nonessential cases that are pending.
April 09, 2020 at 03:22 PM
4 minute read
New York's court system plans to thaw out its coronavirus restrictions, saying it will take initial steps to open up the courts for pending nonessential cases starting Monday.
Chief Administrative Judge Lawrence Marks made the announcement in a memorandum this week to trial court judges and justices. The state court system shut down all nonessential services last month in a pitch to help slow the spread of the coronavirus.
The decision mirrored moves from other institutions to cut down on in-person interactions that can spread the coronavirus, which is tied to more than 7,000 deaths in New York as of Thursday, according to state figures.
Marks' memorandum, issued Tuesday, states the ban on filing new nonessential matters will continue, but the system will move to open up remote access for nonessential cases that are pending.
"This means that judges should review their case inventories to identify cases in which court conferences can be helpful in advancing the progress of the case, including achieving a resolution of the case," according to the memorandum.
Marks wrote that conferences can be scheduled by judges at the request of lawyers, and judges can be available to address discovery disputes and other issues.
The memorandum specifies that conferences would need to be held remotely, either by phone or via Skype.
State court spokesman Lucian Chalfen said Thursday the memorandum applies to both criminal and civil cases, but there will not be any new jury trials. It remains unclear when new voir dire or new jury trials would be permitted, he said.
Officials reported this week that virtual court operations were in effect statewide, meaning that court proceedings could be conducted remotely.
New York Chief Judge Janet DiFiore said in a video statement that the virtual court system has significantly cut down on the number of people in courthouses.
New York state continues to see a record number of new coronavirus deaths, with state officials on Thursday reporting 799 new deaths. Despite the grim death figures, officials say there are optimistic signs on the virus' trend.
Gov. Andrew Cuomo said Thursday the hospitalization rate appears to be coming down, one sign that New York is "flattening the curve" and reducing pressure on a health care system already stretched thin combating the virus.
"The flattening of the curve last night happened because of what we did yesterday and the day before and the day before that," he said. "This is all a direct consequence to our actions."
New York state has issued orders requiring all nonessential workers to stay home and restrictions that sharply curtail gatherings.
Now with the virtual court system in place, Marks wrote in the memorandum that they are turning their attention to the nonessential matters. He said those topics account for the "vast bulk" of trial court caseloads.
"Other steps will be taken in the weeks ahead to further increase access to justice in non-essential matters," he wrote in the memorandum. "And you will be hearing more from us as that planning proceeds."
Read the memorandum:
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