NYC public defenders threaten to sue state to stop in-person criminal proceedings
A group of New York City public defender agencies have threatened to sue the state’s Office of Court Administration in a last-ditch effort to stop the resumption of in-person criminal proceedings during the COVID-19 crisis.
In a letter to Chief Administrative Judge Lawrence Marks on Sunday, the heads of the Legal Aid Society and four other public defender organizations said the “rushed return to in-person operations” violates federal law while jeopardizing the health and civil rights of defendants and attorneys. They urged the state to halt in-person appearances so they have more time to prepare for a safe return to court buildings.
“If OCA does not agree to pause the calendaring of in-person appearances by the end of the day tomorrow, July 13, 2020, we will have no choice but to pursue any action available to us by law to protect our clients and staff, including if necessary seeking relief in federal court,” the public defenders wrote in the letter.