Grand Jury Summonses Will Be Sent Out as Phase Three Begins for NYC Courts
The grand jurors will return to courthouses outfitted with acrylic barriers, hand sanitizer and markings to promote physical distancing.
July 07, 2020 at 06:02 PM
4 minute read
Chief Administrative Judge Lawrence K. Marks of the Courts of New York State delivers testimony during a joint legislative budget hearing on Feb. 4, 2016, in Albany, New York. Photo/Hans Pennink
Grand juries are set to resume in New York City's state courts on Aug. 10, Chief Administrative Judge Lawrence Marks announced Tuesday.
Summonses will be sent to prospective grand jurors across the city in "the coming days," according to a news release from the Unified Court System.
The grand jurors will return to courthouses outfitted with acrylic barriers, hand sanitizer and markings to promote physical distancing. As of Monday, all courthouse visitors, including attorneys and potential jurors, are required to undergo temperature checks and answer questions about their health upon entry. Masks are required.
Mark Bederow, who worked as a Manhattan assistant district attorney before moving into private criminal practice, said it's hard to predict how many grand jurors will be willing to come to court in August.
"I think many people from all walks of life would be concerned about going back into courthouses and places where there have been problems and [where] many people from various areas all come together," he said. "It requires taking the subway, taking other public transportation … in terms of whether they'll show up, I mean, a summons is a summons, but who knows."
Grand jurors will likely be more able to spread out in the grand jury room than trial jurors, who are traditionally confined shoulder-to-shoulder in a jury box. Larger rooms could also be outfitted for a grand jury, at least in theory, Bederow said. The courts have not set a date for the resumption of trial jury summonses.
New York City's courts are also easing back toward in-person court proceedings, as the court system's Phase Three begins in the city Wednesday.
A "limited number" of civil bench trials will be held, according to UCS, and in-person felony conferences will resume in cases where the defendant is not in jail. The courts may also hold in-person preliminary hearings for felony defendants who are in jail, in-person plea and sentencing proceedings for defendants who are not in jail and in-person arraignments in cases involving desk appearance tickets.
Virtual proceedings, tens of thousands of which have been held since March, will continue to be used "whenever legally permissible and logistically possible," according to UCS. If an in-person proceeding involves someone who is in jail, that person will participate virtually, according to UCS.
Mediation and alternative dispute resolution proceedings will still be conducted remotely, as will juvenile delinquency matters, mental hygiene law cases involving a hospitalized adult and other cases.
Courthouse schedules will be staggered to limit foot traffic, according to UCS, and facilities will be sanitized "regularly."
"As we move forward with our phased-in restoration of in-court operations in the five boroughs, we will continue to work diligently to meet the justice needs of those served by our New York City courts while remaining vigilant in protecting the health of our judges, professional workforce and all those who visit and use our courthouses," Marks said.
In a statement, Queens County District Attorney Melinda Katz praised Marks and Queens County Supreme Court Administrative Judge Joseph Zayas for their work ensuring court processes can move ahead.
"While we will proceed with appropriate caution, we look forward to the expansion of in-court operations and the just resolution of criminal cases," Katz said.
Read more:
NYC Law Firms Could Be Allowed to Reopen Offices Next Week
NY State Court System Implements Temperature Screenings to Enter Buildings, DiFiore Says
Cuomo Signs Bill Strengthening Protections Against Evictions During COVID-19
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