On November 16th, NYS Chief Judge Janet DiFiore provided this video update to report on the latest COVID developments affecting our courts and the justice system.
November 9, 2020: Message from Chief Judge DiFiore
On November 9th, NYS Chief Judge Janet DiFiore provided this video update to report on the latest COVID developments affecting our courts and the justice system.
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November 2, 2020: Message from Chief Judge DiFiore
On November 2, NYS Chief Judge Janet DiFiore provided this video update to report on the continuing status of the jury pilot, which recently began in New York City, joining the rest of the state. She reported that the Unified Court System has received positive feedback regarding its preparation and safety protocols, and will continue to monitor daily COVID-19 metrics across the state. Chief Judge DiFiore notes that the court system is prepared to make immediate adjustments to scale back or suspend jury trials and in-person proceedings to protect judges, court staff, attorneys, and court users.
While in-person proceedings continue to be phased in, virtual improvements, including the expansion of e-filing in civil cases upstate, continue to be made. The Chief Judge states that by November 18, 60 of the State’s 62 counties will have e-filing in the Supreme Court, and 47 counties will have e-filing in the Surrogate’s Court.
Chief Judge DiFiore also addressed the topic of racial justice and a zero tolerance policy for bias in the court system. She noted that Deputy Chief Administrative Judge Edwina. G. Mendelson has been appointed and empowered to lead the court’s efforts to put the recommendations set forth by Jeh C. Johnson into action. She highlights the work of important organizations within the court and states that the court system will do better to maintain access to justice and ensure equal justice under the law.
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October 26, 2020: Message from Chief Judge DiFiore
On October 26, NYS Chief Judge Janet DiFiore provided this video update to report on the continuing status of the jury pilot. Feedback from jurors and attorneys has been positive, and there have been no complaints about the health and safety procedures currently in place to protect all court users. She highlighted one note in particular from an attorney who tried a case in Bronx Supreme Court that was particularly moving.
New York City criminal courts will soon see jury trials, with one scheduled in Kings, New York, and Richmond Counties each. Queens and Bronx Counties will follow next week.
Chief Judge DiFiore also notes that while there have been 35 jury trials completed across the state, there have also been countless in-person and virtual bench trials, particularly in the New York City Housing Court. New virtual in-take procedures are also in place in New York City Family Court to handle family offense matters that require immediate court intervention and critical services.
The Chief Judge also highlighted the important work of court reporters during this time of remote proceedings.
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October 19, 2020: Message from Chief Judge DiFiore
On October 19, NYS Chief Judge Janet DiFiore provided this video update to discuss the topic of racial justice, and specifically Jeh Johnson’s Equal Justice Review of the Unified Court System’s policies and practices. This review culminated in a report released on October 15. Chief Judge DiFiore stated that the first of Secretary Johnson’s recommendations is zero tolerance policy for racial discrimination, which was wholeheartedly embraced by the Chief Judge on behalf of all court system leadership. She notes that the court system will work to implement Secretary Johnson’s recommendations, and to do so, Alphonso David has been called upon to serve as the Independent Monitor to evaluate the reform process.
Turning to court operations, Chief Judge DiFiore reported on the continuing jury trial pilot. Though the pilot has proven successful, court system professionals continue to monitor COVID metrics closely and plan to make necessary adjustments in response to public health developments and guidance.
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October 12, 2020: Message from Chief Judge DiFiore
On October 12, NYS Chief Judge Janet DiFiore provided this video update to provide additional information about the Unified Court System’s continuing jury trial pilot. She notes that the vast majority of these trials have been scheduled outside of New York City, and there are tentative plans to restart civil jury trials in New York City the following week. Chief Judge DiFiore also noted that courthouses are currently operating at 10 percent pre-COVID capacity, and continues to prioritize the health and safety of all court users, judges, and staff.
Chief Judge DiFiore also discusses updates to the courts’ virtual capacity, with a special focus on ADR. She highlighted the variety of ways virtual ADR has helped move matters through the court system.
She concluded this update with a discussion of the administration of the virtual bar examination.
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Episode #10: Doing More with Four — Exploring the History and Reasoning Behind Appellate Panel Composition in the NY Courts
This episode was recorded on August 26, 2020 and features a discussion on appellate panel composition in the NY courts, with host David L. Goodwin, Society Trustee.
In the United States Supreme Court, it’s nine. In the United States Courts of Appeals, it’s three. And in New York’s Appellate Division, Second Department it’s . . . four? Presiding Justice Alan D. Scheinkman talks about his article, adapted for Judicial Notice, which explores how the four-Justice appellate panel became the norm in the Second Department — and, briefly, in the First as well — and shares his thoughts on managing what is often called the busiest appellate court in the country. Justice Helen Freedman, Judicial Notice Editor in Chief, joins the discussion with insight on the First Department’s practices.
This podcast is a part of our series Chatting with the Authors of Judicial Notice. For more episodes, please visit the series page.
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October 5, 2020: Message from Chief Judge DiFiore
On October 5, NYS Chief Judge Janet DiFiore released this video update to provide continued developments to the State’s jury trial pilot. She specifically discusses how relieved New Yorkers who show up for jury service feel with the health and safety precautions taken in the courthouses, including social distancing and wearing masks. Chief Judge DiFiore highlighted the caution used in decisions related to incremental resumption of in-person proceedings.
Chief Judge DiFiore also discussed the adoption of a new “Uniform Case Scheduling Order” for all civil cases brought against New York City. This order will provide for greater consistency in civil litigation and more efficient case management.
Following up on last week’s update to address the digital divide, the Chief Judge described the new “Faith Based Court Access Initiative,” which is piloted in Westchester County. This initiative, with five initial sites, provides remote access in houses of worship, including high speed Wi-Fi, computers, videoconferencing capabilities, scanners, and printers.
In addition to further address the digital divide, virtual kiosks are installed near the entrances of county courthouses for self-represented litigants. Chief Judge DiFiore notes that there litigants can participate in virtual court proceedings and receive live videoconference assistance from court personnel. In other counties, in-person help centers have become virtual help centers.
Chief Judge DiFiore ends her update to provide more information about the court system’s budget, highlighting some of the difficult decisions that have been made to save costs. She states that it has been difficult to lose a group of qualified public servants during the pandemic, but reflects on the spirit of unity that has carried the court family in the court system’s response.
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September 28, 2020: Message from Chief Judge DiFiore
On September 28, NYS Chief Judge Janet DiFiore provided this video update to discuss additional progress on the Unified Court System’s jury trial pilots. She noted that overall the pilots have been running smoothly, with only one incident. Chief Judge DiFiore once again expressed her gratitude to those who reported for jury service. She reiterated the need to responsibly follow the best health and safety practices in public courthouses, especially as additional in-person operations continue to be phased in.
As best practices are continually updated in courthouses, the virtual capacity continues to expand. Chief Judge DiFiore discusses the beginnings of hearing virtual bench trials and matrimonial matters using Microsoft Teams and NYSCEF e-filing. These pilot matters will also be monitored closely to develop methods for expansion.
Chief Judge DiFiore then closed with a discussion of the 11th annual Public Hearing on Civil Legal Services in New York, which focused on the needs of low-income New Yorkers and the public health crisis.
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September 21, 2020: Message from Chief Judge DiFiore
On September 21, NYS Chief Judge Janet DiFiore provided this video update to discuss the continued progress of the Unified Court System’s jury trial pilot, which has continued to expand into the Fourth, Fifth, Sixth, Seventh, and Ninth Judicial Districts. Chief Judge DiFiore notes that the process has not resulted in any incidents or complaints of health and safety violations. She states that these pilots will continue to expand in the coming weeks, likely arriving in New York City in mid- to late-October.
Chief Judge DiFiore then turns to the enhancement of the courts’ virtual capacity, led by Christine Sisario and Sheng Guo, through the move from Skype for Business to Microsoft Teams. Teams has already been piloted in a few different courts. She notes that another innovation introduced during the pandemic has been Electronic Document Delivery System.