New court protocols unveiled to tackle felony case delays and prepare for Rikers closure

October 11, 2024 Robert Abruzzese, Courthouse Editor
The Kings County Supreme Court, Criminal Term, located at 320 Jay St. in Downtown Brooklyn, where new protocols will be piloted to reduce felony case delays and prepare for the closure of Rikers Island. Brooklyn Eagle photo by Robert Abruzzese
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New York’s Unified Court System has introduced a comprehensive set of reforms aimed at reducing felony case delays, expediting court processes, and mitigating the impact of backlogs on the city’s jail population. 

The initiative was announced on Thursday and is set to launch in Brooklyn this fall. It will include a series of protocols designed to streamline the discovery process, conduct early suppression hearings and improve scheduling systems. The effort is part of a broader strategy to address systemic issues as the city prepares for the scheduled closure of Rikers Island.

The measures were developed by Chief Administrative Judge Joseph Zayas and First Deputy Chief Administrative Judge Norman St. George in collaboration with the Center for Justice Innovation (CJI). The reforms aim to address delays caused by the increased complexity of discovery laws enacted in 2020, the disruptions during the COVID-19 pandemic, and a rise in violent crime.

“These backlogs and delays long endemic to the system are inexcusable,” said Chief Judge Rowan Wilson.

“We are not here to point fingers but to join hands with our many partners to identify and implement innovative protocols such as those we are launching in Brooklyn,” Wilson said. “Victims, defendants and the public deserve a criminal justice system that proceeds swiftly, intelligently and compassionately.”

The reforms will be piloted under the direction of Kings County Supreme Court-Criminal Term Administrative Judge Matthew D’Emic, who will oversee their implementation in Brooklyn. The initiative includes issuing scheduling orders that prioritize early evidence disclosure, setting firm deadlines for compliance, and scheduling mandatory off-calendar conferences to resolve disputes early.

Hon. Matthew D’Emic, administrative judge for criminal matters in Kings County Supreme Court, who will oversee the implementation of new case management reforms aimed at reducing delays and improving efficiency in Brooklyn’s criminal courts. Brooklyn Eagle photo by Robert Abruzzese
Hon. Matthew D’Emic, administrative judge for criminal matters in Kings County Supreme Court, who will oversee the implementation of new case management reforms aimed at reducing delays and improving efficiency in Brooklyn’s criminal courts. Brooklyn Eagle photo by Robert Abruzzese

“Efficient case management is integral to the fair administration of justice, ensuring defendants their earliest possible day in court and lessening the anxiety of victims and witnesses,” said Judge D’Emic. “This is especially true as we deal with eliminating backlogs caused by the pandemic, which is so necessary to the closing of Rikers Island.”

The new protocols will involve a citywide calendaring system to closely monitor cases and provide prosecutors and defense attorneys with sufficient notice for hearing and trial dates. The goal is to reduce delays by setting firm deadlines and holding all parties accountable, ensuring cases are prepared for trial without unnecessary adjournments.

Brooklyn District Attorney Eric Gonzalez, who has faced challenges due to new discovery laws, welcomed the changes.

“In Brooklyn, we have worked diligently to move cases forward, but the implementation of new discovery laws has, unfortunately, had the opposite effect, slowing down case processing,” Gonzalez said.

“I look forward to the courts’ engagement to help resolve these issues,” he added. “Justice delayed is justice denied. I am grateful to Chief Administrative Judge Zayas for putting in place these common-sense measures to make our court system operate more effectively and efficiently.”

The initiative is expected to expand to all five boroughs by early next year. The success of the pilot in Brooklyn will serve as a blueprint for similar efforts across Manhattan, Queens, The Bronx and Staten Island, as the city’s courts prepare for the transition to borough-based facilities that will replace Rikers Island.





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