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Courts to begin reopening in New York State once counties reach Gov’s benchmarks

Courts in 37 counties are reopening, but Brooklyn has only reached four of seven benchmarks

May 18, 2020 Rob Abruzzese
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The New York State Court System announced this week that it will follow along with Gov. Andrew Cuomo’s strategy and will begin reopening courts in counties that reach his established safety benchmarks. On Monday, May 18, courts in 30 upstate counties will open, and seven more are expected the following Wednesday.

“I look forward to next week’s return of judges and staff to courthouse facilities in many of our upstate counties, marking a major first step in our resumption to in-person court operations,” said Chief Judge Janet DiFiore.

While more than half of the state’s 62 counties are re-opening, New York City has only hit four of the seven benchmarks. It lags behind in the number of new hospitalizations, a total percentage of available hospital beds and the share of ICU beds available. The city also has to meet its goal of at least 30 contact tracers per 100k residents.

Brooklyn Bar Association President Frank Carone said that the news was a good sign, even if Brooklyn and New York City may still be weeks away from reaching those final benchmarks.

Brooklyn Women’s Bar Association President Meryl Schwartz. Photo: Rob Abruzzese/Brooklyn Eagle

“Today’s notice from the Chief Administrative Judge Lawrence Marks is certainly a good sign,” Carone said. “It is clearly an orderly and methodical process, and very good news that it permits new filings, including motions and related orders which are of course critical to the proper administration of justice.

“I commend, however, the work of all court personnel who worked from home, and continue to do so, while we fought our way through this pandemic,” Carone continued. “Like any plan, I am sure it may be adjusted but it’s encouraging news.”

Meryl Schwartz, president of the Brooklyn Women’s Bar Association, added that everyone is very anxious to get back to work.

The courts have been closed due to the COVID-19 pandemic since March 16, when all non-essential functions were shut down, with the exception of the Criminal Court and Family Court. The Criminal Court began video arraignments on March 25, and the Family Court opened up multiple virtual parts by March 26.

Chief Judge Janet DiFiore (pictured) and Chief Administrative Judge Lawrence Marks announced on Wednesday that the courts will begin opening and accepting new filings as each of the state’s 62 counties reach Gov. Andrew Cuomo’s established safety benchmarks. Photo: Mario Belluomo/Brooklyn Eagle

By April, all of the courts in Brooklyn were open virtually, but they were hearing essential and emergency cases only. No new filings have been accepted, while the court system has instructed judges to focus on cleaning out their backlogs.

Throughout the pandemic, New York State Chief Judge Janet DiFiore has given weekly updates in which she has often reiterated that the courts will follow the guidance of public health officials and the governor while explaining each step the court system took in opening virtually.

In her announcement late Wednesday, Chief Judge DiFiore said that in addition to reopening in-person court appearances for the first time in select upstate counties, those courts will also accept new filings electronically.

Chief Judge DiFiore explained that social distancing measures will be in place in the reopening courthouses as they will restrict courthouse traffic to continue to protect coronavirus spread.

Chief Administrative Judge Lawrence Marks. Photo: Rob Abruzzese/Brooklyn Eagle

Included in the measures are that everyone entering the courthouses will be required to wear masks, which can be provided; any employee who interacts with the public will be required to wear a mask; non-employees will be screened for COVID-19 before entering the court; courtrooms will be marked to ensure proper social distancing; and all facilities will be regularly sanitized. Hand sanitizers will also be available in the courts, and acrylic barriers will be installed as needed.

“As we enter this first phase of our return to our courthouses, we will move carefully and steadily,” said Chief Administrative Judge Lawrence Marks. “We will regularly review our safety and other practices, adapting our protocols and facilities as needed, as we strive to serve the justice needs of New Yorkers while balancing the safety of all those who work in and visit our courthouses.”

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