New York Chief Judge Janet DiFiore. Photo: Tim Roske

As the virtual capabilities of the New York state court system continue to expand, Chief Judge Janet DiFiore acknowledged in a video Monday that the courts' path back to full function is still in flux.

Key indicators of the COVID-19 pandemic, including deaths and new hospitalizations, continue to decline in New York, DiFiore noted, and Gov. Andrew Cuomo has said the state's reopening is likely to be gradual.

"Any plan we put in place will track the governor's safe and prudent reopening of the state. As to the details of our plan, the honest answer is that we don't know yet what those details will entail," DiFiore said.

Court leaders are "considering all the possible scenarios and timetables for a safe, phased‐in restart of our work," DiFiore said, including the filing of new cases and the resumption of trials. She thanked the state's legal community for its patience, cooperation and constructive guidance along the way, acknowledging that public health conditions in New York may change with little notice.

Virtual conferences and other proceedings are ongoing, with a goal of clearing the entire backlog of undecided motions before courts reopen, DiFiore said.

On Monday, the electronic filing of motions in pending cases resumed, and judges in civil, matrimonial and family courts were authorized to refer matters for virtual alternative dispute resolution, DiFiore said.

Chief Administrative Judge Lawrence Marks previewed the changes in a memo April 30, writing that judges had held conferences and other virtual proceedings in more than 25,000 cases since April 13, and a third of those had been settled or otherwise disposed. Judges are hearing more matters every day, DiFiore said.

DiFiore also addressed the expected shortage of seats for September's bar exam. Law school deans outside New York have criticized the move to restrict initial registration to the graduates of New York law schools. The issue has been an "agonizing one," DiFiore said, but the state will rely on public health guidance to determine whether more people can register after the initial period.

She closed the video by again urging everyone to be patient.

"I know it is sometimes difficult to practice patience, particularly at a time like this, but patience, along with careful, deliberate forward movement, will be a small price to pay to ensure the best possible outcome in a very uncertain world," she said.

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