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Nassau County, N.Y. Courts Announce Phase 4 Reopening Plans, Return to In-Person Operations for Trials

New York, N.Y. (August 18, 2020) - Lewis Brisbois’ New York trial attorneys are looking forward to resuming trials and defending their clients’ interests in the courtroom, as courts within Nassau County and across the State of New York continue to implement protocols that will allow in-person proceedings and trials to move forward.

Nassau County Phase 4 Procedures

Nassau County Supreme Court recently announced a plan to return to in-person operations for trials. Pursuant to Phase 4.1 of the reopening plan, Nassau County courts will commence jury trials in October 2020. The Office of Court Administration has approved this pilot plan for the return of limited civil jury trials in the county.

Some of the highlights of Phase 4.1 include general safety protocols, such as masks being required at all times and plexiglass being installed throughout the courthouses in Nassau County. In addition, court officers will be present to monitor foot traffic, ensure social distancing, and screen all courthouse visitors for COVID-19, pursuant to the protocols developed by the Office of Court Administration.

Nassau County’s Phase 4.1 procedures also address how to summon juries, the placement of witnesses and staff, as well as cleaning and sanitizing procedures. For example, two courtrooms will be allocated for each trial, and witnesses will give testimony from the jury box. Also, a court reporter will be placed on the witness stand for proper social distancing. The use of face masks will be mandatory.

Nassau County previously began its Phase 1 return to in-person operations in May 2020, which allowed individual courthouses throughout the county to reopen with judges and their staff returning to chambers. Phase 2 allowed for an increase in foot traffic in the courthouses with emergency and essential proceedings occurring in-person in designated courtrooms throughout the county. Phase 3 further expanded the type and manner of cases conducted in person. The initial Phase 4 allowed for another increase in in-person proceedings.

Commission to Reimagine the Future of New York’s Courts

In June 2020, Chief Judge of the Court of Appeals and the State of New York Janet DiFiore appointed the Commission to Reimagine the Future of New York’s Courts. Alecia Walters-Hinds, a partner and trial attorney in Lewis Brisbois’ New York office and the author of this alert, was appointed to the Commission. In this role, Ms. Walters-Hinds and her colleagues on the Commission examined technological, regulatory, and other long-term innovations for New York’s court system, while also providing short-term recommendations for the resumption of in-person operations amid the COVID-19 pandemic.

One of the first tasks of the Commission was to prepare a nine-page report titled “Goals and Checklist for Restarting In-Person Grand Juries, Jury Trials and Related Proceedings.” It included step-by-step guidance on how to create customized court plans based on local conditions, and was published in the New York Law Journal. The guidance also included information on how the different counties should handle jury selection and trials. Specifically, the report contained a comprehensive checklist on restarting trials, courthouse and courtroom access, jury pools, jury reporting, and selection, among other key topics.

We are pleased that various New York counties, including Nassau County, are adopting variations of the Commission’s “Goals and Checklist” guidance, according to the needs of their local jurisdictions. We look forward to additional counties throughout New York resuming their in-person trials.

For more information on these developments, contact the author of this alert. Visit our COVID-19 Response Resource Center for more alerts on the many areas of law impacted by the pandemic.

Author:

Alecia Walters-Hinds, Partner

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