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Law360 (April 7, 2020, 2:06 PM EDT ) New York state judges will virtually reopen their courtrooms to pending lawsuits and criminal cases next Monday, using new remote video capabilities to unfreeze dockets for "nonessential" actions stalled by the shuttering of physical courtrooms during the coronavirus pandemic.
Chief Administrative Judge Lawrence K. Marks announced Tuesday that starting April 13, the statewide court system will "take certain preliminary steps to open up access — remote access — to the courts for nonessential pending cases," by having judges examine their dockets for ways to push forward or even resolve cases by holding a video-linked hearing or teleconference.
"Now that we have successfully transitioned to a virtual court system for handling essential matters, we are turning our attention to nonessential matters, which make up the vast bulk of trial court caseloads," Judge Marks said in the memo, touting the court's move to conduct arraignments and other "essential" matters via Skype across the state.
The ban on new lawsuits remains in place, the judge noted, but cases in progress will proceed as judges start to hold remote conferences and hearings on a wide variety of litigation, such as commercial; tort, including medical malpractice and asbestos; matrimonial; and trusts and estates.
On the criminal side, felony matters will proceed — even plea hearings will be held remotely, according to a representative for the state courts.
"Every judge across the state will look at the calendar and see, 'How can I move things along?' to begin to unfreeze the system which was, basically, purposely frozen except for the most essential cases," state courts spokesman Lucian Chalfen told Law360 on Tuesday.
Judges are now being directed to schedule conferences to address "discovery disputes" and other concerns via Skype or teleconference with clerks assisting judges remotely, as needed, Judge Marks said in his memo. Courts with "high-volume calendars," specifically in New York City and downstate suburban counties, are already scanning their schedules for opportunities to move things along, he said.
The chief administrative judge also nudged his robed compatriots to clean up their dockets during the pandemic, even offering the services of local law departments to help.
"This is an ideal time for individual judges to take this opportunity to resolve any backlogs of undecided motions and other matters in their case inventories," Judge Marks said, adding that he was "activating law departments in those counties" to "assist you in drafting decisions."
Civil attorneys of all stripes have been lobbying to reopen the courts for their clients' cases, court officials said, with Judge Marks nodding toward attorneys "who are naturally eager to resume some level of access" to the courts.
"There have been vigorous discussions," Chalfen said, confirming that the courts' administrators have been fielding pleas from attorneys on asbestos litigation, foreclosures, and other civil litigators across the spectrum.
The New York courts plan to expand this virtual courtroom experience further, Judge Marks hinted in his memo.
"Other steps will be taken in the weeks ahead to further increase access to justice in non-essential matters, and you will be hearing more from us as that planning proceeds," the judges said.
--Editing by Abbie Sarfo.
For a reprint of this article, please contact reprints@law360.com.
