Grand jury room/courtesy photo

New York's district attorneys association says impaneling grand juries should be a first step in "reopening" the courts after coronavirus lockdown measures expire in mid-May, at least for counties with lowered infection rates.

David Hoovler, president of the District Attorneys Association of the State of New York, wrote in a Monday letter that he knows of no counties that still have active grand juries impaneled. Hoovler, the district attorney in Orange County, reported that no new grand juries have been impaneled since sweeping lockdown rules were implemented.

New York state continues to remain under those restrictions, which sharply curtail gatherings and require nonessential workers to stay home. The measures, which are aimed at reducing the in-person interactions that spread COVID-19, are in place until mid-May.

Hoovler's letter was addressed to New York Chief Administrative Judge Lawrence Marks, who said last week there are no conversations around the widespread opening of courthouses. There are virtual court operations statewide and the court system says it plans to expand access under that model.

Hoovler said enlisting grand juries is an important step to secure civilian witnesses, preserve testimony and issue necessary subpoenas. 

"Counties with lower infection rates might be able to begin certain court functions, such as impaneling grand juries, before other counties," he wrote in the letter. "An inventory of existing infrastructure would show which counties have facilities that could accommodate appropriate social distancing in grand jury rooms."

Court openings in certain counties could come in a physical or virtual form, Hoovler said Wednesday.

Meanwhile, Gov. Andrew Cuomo has outlined ground rules on when regions could see their economies reopen. A raft of businesses statewide were forced to close down due to sweeping coronavirus lockdown measures.

The first phase of the plan would include reopening manufacturing and construction operations that are low risk.

More businesses are expected to open in the second phase of the plan. But reopening decisions in phase two, Cuomo said, will be based on how essential the business is and the infection risk associated with operating the business. 

There's expected to be a two-week period between the phases in order to monitor the rate of infection.

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