CORONAVIRUS AND THE NEW YORK STATE COURTS

Peter Kelleher

9 min readMay 22, 2020

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CORONAVIRUS AND THE NEW YORK STATE COURTS

New York State Courts Remain Open for Essential Business

May 18th: Message from Chief Judge DiFiore

Transcript of the Chief Judge’s Message

NEW: Electronic Document Delivery System (EDDS)
Commencing May 4, 2020, the UCS will make available a system of secure document transmission by court users to judges, clerks of court, and other UCS offices around the State. This system, known as the Electronic Document Delivery System (EDDS), may also be used for filing of documents in pending cases in any courts. EDDS may be used by attorneys, unrepresented persons, and other court users. For more information on this system, view the EDDS Notice and the EDDS FAQs.

EDDS should NOT be used for the filing of emergency applications. For information on filing such applications please contact the court directly.

(If you do not have a lawyer, you may visit the CourtHelp website or the DIY (Do-It-Yourself) Forms page for helpful information about the legal process and legal documents.)

Send a Document with EDDS

TO ALL COURT EMPLOYEES & VISITORS

As part of our effort to provide court staff and the public with up-to-date accurate information about the impact of the coronavirus upon the courts — and especially as COVID-19 testing becomes more broadly available — we ask the following:

If you have been tested or test positive for COVID-19 and have visited any UCS courthouse or court facility in the prior fourteen days, please fill out and submit the Covid19 Test Result Form as soon as possible. If you prefer to notify the court system by phone, call 833–503–0447.

We will then notify court personnel, attorneys and other members of the public who may have been at risk of exposure, in order that they may contact their medical professionals and take appropriate further steps for their and their families’ health and safety. Thank you for your cooperation in this important notification effort during these challenging times.

NEED HELP?

FreeLegal Assistance by phone/web.

CourtHelp when you don’t have a lawyer.

Ask a Law Librarian for legal research.

During the current coronavirus public health emergency, the NY State Court System remains open to address all essential and critical needs of the public. Concurrently, we continue to work closely with our partners in government, including State and local health authorities, to take appropriate measures in order to prioritize the health and safety of all court visitors and staff.
More Info

“Virtual” Law Day:

May 1, 2020

This year, amid the COVID-pandemic, the New York State court system is partnering with the State’s Attorney General’s Office and New York State Bar Association to present an online Law Day program. Speakers include Hon. Janet DiFiore, Chief Judge of the Court of Appeals and the State of New York; New York State Attorney General Letitia James; and New York State Bar Association President Henry “Hank” Greenberg. Video Transcript

Latest News:

May 22, 2020
This week, in-person court operations resumed in 40 upstate counties with another eight in the Capital Region coming online Tuesday.

Judges, chambers staff, other support personnel and Court Officers returned to their posts, albeit with masks, gloves, sanitizer and Plexiglas as the new normal.

Left to take the first step in normalizing operations is the Hudson Valley and Long Island next week and finally New York City.

The photos show the first day back for courts from Monroe, to Madison, and from Onondaga, to Oneida to Ontario.

May 21, 2020
The NY State Courts, except for criminal arraignments, will be closed on Monday, May 25

May 20, 2020 — Press Release
Courts in Western NY, Capital Region Begin Return to In-Person Operations

May 20, 2020
Courts in Downstate Counties to Accept New Case Filings

May 19, 2020 — Press Release
NYC Housing Judges to Conduct Virtual Conferences in Pending Eviction Cases

May 19, 2020
In-Person Court Operations Commence

On Monday, May 18th, the Hall of Justice in Rochester welcomed Judges, chambers staff, clerks and other support personnel back to the building. It was the same throughout parts of the 3rd, 4th, 5th, 6th, 7th and 8th Judicial Districts with more to come as additional counties upstate come online.

Enhanced cleaning, social distancing, masks and gloves were the order of the day, as virtual hearings and conferences continued.

May 15, 2020
NY County Surrogate’s Court Action for COVID-Related Cases

May 15, 2020
NY City Family Court, Additional Guidelines for Practitioners in Virtual Courtrooms

May 14, 2020 — Press Release
NY’s Surrogate’s Courts Prepare for Influx of COVID-Related Cases

May 14, 2020
Expanded Operations, County Clerks of NYC
In an important step in expanded operations, the County Clerks of New York City announced that they will resume the queuing, docketing and filing of “Clerk of the County” documents received by their offices since the commencement of the COVID-19 pandemic in mid-March. County Clerk offices remain closed to public visitors, and such documents should continue to be filed by mail until further notice.

May 13, 2020 — Press Release
Court System Begins Return to In-Person Courthouse Operations

May 5, 2020
The Rensselaer County Courthouse will reopen tomorrow, Wednesday May 6, 2020 at 9:00 a.m. for essential matters.

Next Steps to Expand Court Services
April 30, 2020

Chief Judge Approves Temporary Authorization Program
April 28, 2020

This week would have marked the graduation for the first class in 2020 of 211 New York State Court Officer Recruits. Due to the Coronavirus pandemic, class had to be suspended in March. In a brief message to them from Chief Judge Janet DiFiore, she both recognizes their disappointment and reminds them that graduation day, seemingly elusive now, will come, and certainly be something to be remembered. Video Transcript

Academic & Bar Admission Dispensations — April 21, 2020

This unprecedented public health crisis has introduced considerable uncertainty and disruption into the delivery of legal education, the bar admissions process, and our State’s justice system. The Court of Appeals recognizes that the weight of these issues has been felt acutely by law school representatives, recent graduates, and current students, particularly those nearing the completion of their studies. The global pandemic has upended traditional law school instruction, interrupted the bar admissions process, and delayed the administration of the July bar examination.

The Court of Appeals has instituted a number of measures in response to these challenges. On March 31, the Court announced a programmatic waiver of distance learning limitations to enable law students to continue their coursework virtually. That waiver applies broadly to all categories of students, including J.D. students, LL.M. students, and students who have completed fewer than 28 credit hours. Pursuant to the distance learning waiver, any classroom-based course that has been converted to a virtual course as a result of the public health crisis will count fully as a classroom-based course — not a distance education course. If necessary, the Court is prepared to further extend the waiver of distance learning limitations, including into the Fall 2020 term.

On April 21, the Court considered and approved a number of additional dispensations related to law school instructional requirements and the bar admissions process. First, the Court is implementing a programmatic waiver of the full-time pro bono work requirement and the corresponding academic component of the Pro Bono Scholars Program (22 NYCRR 520.17 [c] [2] and 520.17 [c] [3]) for those enrollees expected to graduate in Spring 2020. The feasibility of the Pro Bono Scholars Program for the 2020–2021 academic term will be evaluated at a future date.

The Court also decided to temporarily waive several additional bar admission requirements for Spring 2020 graduates, including the Pro Bono Requirement for Bar Admission (22 NYCRR 520.16) and the Skills Competency Requirement for Admission (22 NYCRR 520.18). While applicants must still successfully complete the New York Law Course (NYLC) and the New York Law Examination (NYLE), the requirement that applicants complete the NYLC and pass the NYLE no earlier than one year before sitting for the Uniform Bar Examination (22 NYCRR 520.9 [a] [2] [ii] and 520.9 [a] [3] [ii]) will be temporarily waived for any applicant who fulfilled the NYLC and NYLE requirements after July 2019 and who first sits for the Uniform Bar Examination no later than 2021. The order can be accessed here. The Court has also approved the relaxation of specified application guidelines, including certain notarization requirements, original document requirements, and timing requirements. Those changes will be implemented through the Board of Law Examiners and the four Departments of the Appellate Division.

Additional updates, including information concerning the September bar examination, will be shared as soon as possible. Prior updates can be accessed here.

The Greene County Courthouse will re-open at 9 a.m. Monday, April 20, for essential matters.
The Third JD Administrative Office can be reached at 3rdJDAdministration@nycourts.gov or (518) 285–8300.

ARCHIVE OF COVID19 CONTENT:
April 13 to March 11, 2020

“The New York State Court System provides essential justice services to the people of the State of New York. While we continue to remain open all nonessential functions of the courts will be postponed. All essential functions of the courts remain available to ensure that New Yorkers may access the justice system during this extremely challenging time.”
— Chief Judge DiFiore

If you have specific questions about your juror service, a case already in court, or you need to start a court case, call: the Coronavirus Telephone Hotline: 833–503–0447.

JUROR SERVICE:
If you have been summoned for juror service or are serving on a jury, please see the notice from the Commissioner of Jurors regarding coronavirus and the flu.

TEMPORARY ORDERS OF PROTECTION issued in any court of the New York State Unified Court System which were due to expire on or after March 19, 2020 have been extended and are considered still in effect until parties are otherwise notified. If you have had an Order of Protection issued against you and it expired on or after March 19, it is still in effect until you are otherwise notified and you must continue to obey all conditions of that Order .

RESCHEDULING CASES:
Parties will be advised of rescheduled Court dates when normal court business resumes.

Questions about the status of a particular case should be made to the court, at telephone numbers listed at the Court Locator. However, please be advised that, during this health emergency, communications may sometimes be difficult.