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Law360, New York (April 19, 2021, 3:47 PM EDT) -- New York on Monday ordered all judges and staff to report to state courthouses in-person by late May, more than a year after the COVID-19 pandemic forced government officials to largely shut down the physical halls of justice.
In an announcement, New York Chief Judge Janet DiFiore instructed her 16,000 state employees — judges, clerks, court officers and other courthouse employees — to step through the doors for work as of Monday, May 24. The announcement comes 13 months after the state shut down its court system to all but emergency proceedings, shifting to video-linked "virtual" courtrooms for most hearings and arraignments.
Anti-virus protocols will continue, she said.
"It is time to return to our normal and full courthouse staffing levels in order to support the fuller resumption of in-person operations, including jury trials and other proceedings in our courts," Judge DiFiore said.
The judge noted that while a number of jury trials have been occurring since March — 55 are slated for this week — the future increase in courthouse staff will bring an increase in courtroom activity.
The return to court, however, does not mean a return to the way the system operated before the pandemic, the chief judge cautioned. Health measures will continue, including COVID-19 screenings, mandatory masking and social distancing, acrylic barriers, and "strict cleaning and sanitizing."
"Our return to full staffing does not mean that we will be returning to the densely crowded courthouses of pre-COVID days," Judge DiFiore said.
The judge noted that she is drafting a plan to "limit the number of people physically present in our courthouses to safe and responsible levels," by relying on "remote technology and virtual appearances to hear those matters not requiring the physical presence of lawyers and litigants in our buildings."
The state courts will keep "some virtual operations," said spokesman Lucian Chalfen, but probably more so in civil proceedings than criminal matters.
At the moment, only about a third of New York City judiciary staff are working in person, but outside the city there may already be as many as 40% to 50% physically present in the courts, Chalfen said.
"This is the next incremental step in the process, in going back to full operations," Chalfen said. "Will we ever ultimately go back to March 1, 2020? Probably not."
The May 24, 2021, return will be the first time many staff have climbed the courthouse steps since departing last year amid a global health crisis.
On March 15, 2020, a memo ordered New York courthouses to cease "all nonessential functions" after jury trials were suspended and COVID-19 infections rapidly rose. Courtrooms were left draped in plastic and hallways were eerily silent as skeleton crews handled emergency cases.
By April 2020, the courts reported 168 confirmed cases of COVID-19 among employees, including 17 judges. Three judges died from the virus: Supreme Court Justices Noach Dear, Johnny Lee Baynes and Steven Milligram. A total of 1,345 employees have now reported testing positive for the virus, Chalfen said on Monday.
An updated death toll for New York state's court employees was not immediately available.
--Editing by Jill Coffey.
For a reprint of this article, please contact reprints@law360.com.
