All N.Y. courts open to some extent

On Wednesday, all courts in New York state will be in either Phase 1 or 2 of the gradual restoration of in-person operations as the measures imposed to slow the spread of COVID-19 wind down.

“We are confident that our approach of incrementally opening the valve to additional in-person activities and courthouse traffic is the smartest way to deal with the reality that COVID-19 is still a presence,” New York State Chief Judge Janet DiFiore said in her weekly video update on Monday.

Meanwhile, seating capacity for the September bar exam will be significantly reduced due to increased spacing between applicants because of the pandemic. Exam applications have been accepted on a rolling basis, starting with first-time exam takers with degrees from New York law schools.

A second registration period is now in effect for first-time exam takers with law degrees from schools outside New York state. That period ends at 10 a.m. Friday.

On Monday, New York City entered the first phase of “reopening” in the aftermath of the COVID-19 pandemic. By Wednesday, judges, chambers staff and designated court personnel in every region of the state will be back at work.

“This marks a major milestone in our continuing recovery from COVID-19, and especially so for New York City,” she said.

On June 3, courts in the upstate regions encompassing the Fifth, Sixth and Seventh Judicial Districts transitioned to Phase 2, followed on Friday by the Fourth and Eighth Judicial Districts.

Under Phase 2, essential family matters are being conducted in person and heard by assigned judges in their courtrooms, with other matters being heard virtually.

“The goal of Phase 2 is to safely increase courthouse foot traffic in a gradual, controlled manner in order to begin returning to in-person operations, while doing all we can to prevent the spread of COVID-19,” DiFiore said.

“We are limiting the number of people present in our courthouses at any given time through the staggered scheduling of court appearances, court calendars and courtroom usage,” she said.

Lawyers, litigants, justice partners and members of the public are required to wear masks and follow physical distancing requirements in courthouses.

In New York City, even though judges and a limited number of staff will be back at work in courthouses during Phase 1, they will be conducting court business virtually in order to keep courthouse traffic down.

For unrepresented litigants without the technology to access virtual services, space has been set aside where they can safely access essential court services.

“At the same time that we have been moving forward with our gradual return to in-person functions, our criminal courts, especially in New York City, have been dealing with the challenge of processing hundreds of daily arrests stemming from the protests over the tragic death of George Floyd at the hands of the Minneapolis police on Memorial Day,” DiFiore said.

“In response to the protests, and in order to be prepared, we doubled our virtual arraignment parts in Manhattan and implemented additional evening and overnight arraignment parts as needed,” she said.

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