NY prosecutors detail concerns ahead of future court reopenings

A coalition of New York's chief prosecutors have weighed in on what the court system's "new normal" should look like ahead of the eventual restart of criminal justice operations that either came to a halt or went virtual because of the coronavirus pandemic.

Getting grand juries back to work is among concerns David Hoovler, president of the state’s District Attorneys Association, detailed as a priority for prosecutors in an April 27 letter to New York’s chief administrative judge. 

The association includes Nassau County District Attorney Madeline Singas, its second vice president, and Suffolk County District Attorney Timothy Sini, a board member.

Hoovler, Orange County’s district attorney, also recommended court officials examine infrastructure to see what facilities can allow “appropriate social distancing” in grand jury rooms and institute deep cleaning procedures before those operations restart.

His letter to Judge Lawrence Marks called for technological upgrades where necessary — including statewide broadband — for a potential expansion of virtual operations in certain cases, and a limit on the number of cases heard daily in courtrooms “to keep the density … at a safe level.”

The association president also lobbied for the continued suspension of defendants’ speedy-trial rights and rules about turning over discovery — or evidence — so prosecutors can deal with an expected backlog of cases.

“Just as the public and the business community want to get back to normal, we also want the court system to get back to a new normal,” Hoovler wrote.

Brendan Brosh, a spokesman for Singas, said when asked about the letter that Nassau prosecutors have “continued to work around the clock to protect the public and to safeguard the rights of victims and the accused.”

He added that the health and safety of victims, witnesses, court staff, potential jurors, defendants and employees is the top priority of Singas' office.

"We are continuing virtual operations to the greatest extent possible, and we are awaiting instructions from the governor, the courts, and Nassau public health officials about the first steps to safely reopening our courthouses," Brosh also said.

A spokeswoman for Sini didn’t respond to a request for comment about the letter.

Part of the letter drew criticism from the court system’s top administrative level.

“At such point when the current situation seems less uncertain, all appropriate issues will be considered, however reconvening grand juries will be challenging,” Lucian Chalfen, a spokesman for the Office of Court Administration, said in a statement.

The statement also expressed disapproval of what Hoovler described in the letter as a six-week extension of a grand jury in Orange County amid the pandemic. After the governor suspended the requirement of grand jury action, such a move was "not only ill advised" but "unnecessary and potentially jeopardized the health and wellbeing of those grand jurors," the statement added.

Hoovler had detailed how grand jurors met in a county legislative chamber for social distancing purposes, saying the room was repeatedly disinfected and participants wore masks and had their temperatures checked.

The criticism emerged during a week in which Chief Judge Janet DiFiore released a video statement cautioning “it’s too soon to know” when it might be safe to reopen.

DiFiore added of the coronavirus threat that court administration officials “remain acutely aware that so much of what we do, whether it’s conducting jury trials or screening the public at magnetometers, depends on, and requires, face-to-face interaction with many different stakeholders and constituencies, which, of course, poses a risk of community spread.”

Hoovler responded to the criticism of Orange County grand jury proceedings by saying protocols from the local health commissioner were followed — safeguards that the judge who granted an application to extend the grand jury approved.

“The governor’s orders never abolished the ultimate need for Grand Jury action, which prevents victims from having to testify at preliminary hearings, often in front of violent offenders,” he added.

Starting in late March, the New York "Pause" order from Gov. Andrew M. Cuomo required non-essential workers to work from home, effectively shutting down all businesses in the state except for essential services, to stop the spread of coronavirus. 

The court system consolidated its operations throughout the state while transitioning to virtual operations — first for just emergency proceedings.

On Friday, Cuomo said Long Islanders and other downstate residents shouldn't expect any part of the region's economy to reopen soon.