Chief Judge Janet DiFiore. Photo: Mike Groll/AP

In-person bench trials are starting in New York City housing court in Brooklyn as the state's court system continues to navigate the coronavirus pandemic, Chief Judge Janet DiFiore said Monday.

"These trials are limited of course to matters filed before the pandemic in which both sides are represented by counsel," DiFiore said in a video statement released Monday. "For lawyers and litigants who cannot appear in person for public health reasons, we are offering and we are encouraging the use of virtual bench trials."

The chief judge said the bench trials would take place in "spacious" courtrooms. She said the first bench trial in Kings County housing court was scheduled to start on Monday.

DiFiore, in the video message, said in-person trials were set to resume on Aug. 10 in New York County housing court. But state court spokesman Lucian Chalfen on Monday rolled back those comments and indicated it's unclear when those trials will resume. 

The state court system continues to steer through the pandemic as coronavirus cases have not trended upward overall in New York in recent weeks, unlike other parts of the nation.

Yet despite key coronavirus figures being lower overall in New York compared with the spring, hundreds of people statewide continue to test positive for the virus on a daily basis, state data shows.

DiFiore reported that officials in New York City Criminal Court and Criminal Term of Supreme Court presided over hundreds of proceedings in court. Those proceedings included counsel and many defendants showing up in person, she said.

"And what we are finding is that these appearances have been meaningful, and that they are moving the cases forward with judges often taking pleas, dismissing cases and reducing charges," she said.

There continues to be preparation for the restart of grand jury operations in New York City on Aug. 10, the chief judge said. She said they are adjusting operations in facilities and retrofitting many courtrooms.

In counties outside of the city, grand juries have been convened, she said, commenting that they are pleased the process is "safely operating again within the context and parameters of the public health precautions."

"While I am the first to admit that not every single day has been a treat, I am truly proud of the steady and positive progress we've made together," she said.

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