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Law360 (June 14, 2021, 2:09 PM EDT) -- The Southern District of New York announced a relaxation of COVID-19 protocols Monday, telling judges that argument, bench trials and other proceedings may be held without masks if everyone is vaccinated — but the district kept its strict safety rules intact for jury trials.
When the judge and all parties in the well of a courtroom — including witnesses, law enforcement, court reporters and interpreters — are fully vaccinated against the virus, judges may permit participants to remove masks and social distancing does not have to be observed, according to a memo.
"Individual judges are free to require, for any particular proceeding, additional verification of vaccination status," says the memo, which generally leaves judges with discretion on masking and distancing.
The memo also says vaccinated lawyers and other court regulars will be able to skip a current daily screening questionnaire with some exceptions — allowing many to come and go from Southern District courthouses with one less step.
The new guidance doesn't budge on strict safety protocols for jury selection and jury trials, which are being held in a handful of specially equipped courtrooms. Those proceeds will still feature strict masking, distancing and sanitation measures.
Litigants and judges for months have expressed frustration over a shortage of courtrooms and a resulting jury trial logjam — especially for defendants who are out on bail and thus not considered a top priority under the COVID-19 rules regime.
The memo notes that additional changes are under consideration.
"While we are hopeful that current downward trends in COVID-19 positivity rates continue, we are mindful that we could start to see a trend in the opposite direction as we ease restrictions. If there are outbreaks, we will have to reassess our policies and consider reimposing certain protocols. We will continue to provide updates," the document says.
The new rules came as New York state announced that Saturday's COVID-19 positivity rate dropped to a minuscule 0.35%. The state's seven-day average positivity rate was 0.42%, the lowest in the country, tied with Massachusetts, Gov. Andrew Cuomo's office said.
--Editing by Stephen Berg.
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