Courts begin reopening Upstate, but Chief Judge warns this is not business as usual

May 20, 2020 Rob Abruzzese

Hon. Janet DiFiore, the chief judge of the State of New York, was a potential target of “men’s rights” lawyer Roy Den Hollander. Screenshot via NYCourts.gov

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Starting on Monday, courts in Upstate New York have begun to reopen, but Chief Judge Janet DiFiore issued a warning that despite this important step, things have not gone back to normal.

“We are advised that COVID-19 remains a very serious public health threat, and that its spread must be contained through ongoing, rigorous safety measures to protect workers and consumers; continued limitations on public gatherings; and careful monitoring of the facts on the ground, particularly new infections and hospitalizations,” Chief Judge DiFiore said in her weekly address on Monday.

“And this return we are beginning is a return to what we all recognize will be a ‘new normal.’ And our return to ‘new normal’ will be careful, and it will be incremental.”

In what is being called “Phase 1” of the reopening plan, Chief Judge DiFiore is following Gov. Andrew Cuomo’s strategy of reopening courthouses only in counties that reach his seven safety benchmarks.

That has allowed her to open up courts in the Central New York region, the Finger Lakes, Mohawk Valley, North Country and the Southern Tier. New York City has only reached three of those seven benchmarks.

New case filings are also being accepted electronically in those counties. Already there have been reports that people from downstate are turning to upstate courts to file divorces, for instance.

Under Phase 1, the courts will continue using virtual technology to conduct as much business as possible, and there is no date for when jury trials are expected to resume.

New protocols put in place include the deep cleaning of court facilities and upgraded regular cleaning. Personal protective equipment will be provided, including masks and gloves for court personnel and sanitizing agents for visitors. Plexiglass barriers will be installed around magnetometers, blue tape will be used to ensure social distancing, and certain spaces will be set aside for litigants to safely conduct their business.

“As we go forward, we will be closely monitoring, and learning from, this phased-in resumption of in-person court operations. We will be standing by, and prepared to make any needed adjustments,” Chief Judge DiFiore said.

While many courts upstate are going to reopen this week, Brooklyn attorneys are skeptical that local courts will open anytime soon. Part of the problem, they say, is that many of the courts are crowded during the best of times, and that social distancing will never be possible in some of them.

“Brooklyn is not going to open for at least January if we’re being realistic. It’s not opening in June. It’s not opening in September,” said Domenick Napoletano, treasurer of the New York State Bar Association, who has a firm on Court Street.

While city courts remain closed for in-person appearances, they are still operating virtually. This includes accepting new motions on pending cases, holding virtual alternative dispute resolution, and holding virtual preliminary hearings on criminal cases.

This week, the New York City Family Court will also expand its operations and will open a sixth virtual part, which is necessary due to a rising number of child welfare cases, according to the Chief Judge. The Surrogate’s Court has also recently expanded to accept new filings on COVID-related cases.

Housing Court will begin virtual hearings this week on pending eviction cases in which both sides are represented by counsel.

“So, it seems that we may be finally emerging from the shadow of this pandemic,” Chief Judge DiFiore said.