On August 23, 2021, Chief Judge Janet DiFiore announced a vaccine mandate, which will require that approximately 15,600 state judiciary employees be vaccinated. This requirement coincides with the FDA’s recent full approval of the Pfizer-BioNTech vaccine. While details of this requirement are not yet clear, beginning on September 7, 2021, employees who have not submitted proof of their vaccinated status will be required to undergo weekly testing at a licensed facility. Vaccinated employees will be permitted to enter and remain in Court facilities without wearing a mask. The full text of the announcement can be accessed here: https://www.nycourts.gov/whatsnew/pdf/August%2023%20Message%20Final.pdf
NEW YORK - State Court Update
On August 9, 2021, Chief Judge Janet DiFiore issued a message addressing the Judiciary’s response to rises in Covid-19 positivity rates. Specifically, she stated that starting on Tuesday, September 7, 2021, all unvaccinated Judges and Non-Judicial employees will be required to undergo Covid-19 testing on a regular basis. Moreover, facemasks will continue to be required for those who lack proof of vaccination upon entry. Notably, the message hinted at a possible vaccine mandate, should the vaccine receive full FDA approval and licensure.
NEW YORK - Appellate Division, Second Department Resumes in Person Oral Arguments
The Second Department has provided notice that beginning on September 7, 2021, all oral arguments on appeal before the Second Department will be conducted in person at the Courthouse located at 45 Monroe Place, Brooklyn, New York. Attorneys with a “Green Attorney Pass” issued by the Unified Court System will be permitted to bypass health and safety screenings. Anyone without a green pass must obtain a white visitor pass by showing proof of vaccination and a matching government-issued ID. Unvaccinated individuals will be required to wear a mask or face-covering while in the Courthouse.
NEW JERSEY - State Courts Fully Open as of August 2, 2021
Per an Order issued July 16, 2021, the New Jersey Supreme Court has stated that, “[a]ll state court locations will reopen to the public as of August 2, 2021, thus concluding the temporary restrictions on public access to the courthouses implemented in response to the COVID-19 pandemic.” The Order provides that with the conclusion of these restrictions, individuals will be permitted in court locations without needing an appointment or being involved in a scheduled proceeding. With this new Order will come increased on-site staffing throughout New Jersey State Courts, with in-person staff being increased to 75% on August 2, 2021 and 100% on September 7, 2021. However, jurors in any type of matter will still be required to maintain social distance and wear facemasks. The Order can be accessed at the following link.
NEW YORK - Update for the Western District
In the Western District of New York, courthouses are now open but remain subject to certain limitations. Those who have tested positive for the coronavirus, have symptoms or may have been exposed to the virus are prohibited from entering any courthouse. Facemasks remain a requirement for entry to judicial facilities.
FLORIDA - Courts Increasingly Move Towards Business as Usual
On June 21, 2021 the Florida Supreme Court issued an Order revising the protocols for the operation of Florida’s Appellate and Trial Courts. The Order states that, “fully vaccinated persons do not need to wear masks or physically distance in most indoor and outdoor settings,” with the exception of locations that are preempted by federal regulations. The main takeaway from the 34 page Order is that Floridian Courts will again begin to engage in business as usual, while leaving Judges with the discretion to utilize the expansive remote tools at their disposal where necessary. The aforementioned order can be found at the following link:
NEW JERSEY - State Court Update
In the state court system, Civil trials are generally proceeding in remote format. Jury selection for criminal and civil trials will begin in a virtual format. Civil cases described as “urgent” will be prioritized for in-person trials. Beginning June 15, court locations can have up to 50% of their staff and judges working on-site. Moreover, as of May 13, 2021, the general prohibition on deposing health care professionals involved in responding to the public health emergency is no longer in effect.
NEW JERSEY - Federal Court Update
For the District of New Jersey, all civil and criminal case jury selections and trials are postponed until June 1, 2021. Grand jury proceedings were allowed to resume as normal as of April 5.
NEW JERSEY - Federal Court Update
For the United States District Court for the District of New Jersey, all jury selections and trials, both civil and criminal, are postponed until June 1, 2021.
NEW YORK - State Court System Updates
The court system restarted a limited number of civil and criminal jury trials as of March 22, 2021. Most matters will continue to be handled virtually for the foreseeable future, but a limited number of in-person appearances may be scheduled. Sitting grand juries will proceed for the time being. Judges and district attorneys are working to ensure there is at least one active grand jury impaneled in each county across the state.
NEW YORK - Federal Court Updates
In the Eastern District of New York, jury selection in both criminal and civil matters, trials and in-person bench trials are no longer postponed. While all trials are set to be rescheduled, the Court will prioritize criminal trials with in-custody defendants. The Court’s current jury trial resumption plan can be accessed here.
In the Northern District of New York, civil jury selections and jury trials scheduled to start on or before April 5, 2021, are postponed until further notice. Case-by-case exceptions to the postponements may be ordered at the court's discretion after consulting with counsel. All mass public gatherings, including naturalization ceremonies, are suspended.
NEW YORK - Limited Resumption of In Person Jury Trials
In a notable development, the Civil Term of the New York State Supreme Court in Brooklyn is set to recommence courthouse jury trials on March 22, 2021. This new date was provided by the Hon. Lawrence Knipel. Judge Knipel’s statement can be accessed at the following link: https://www.elaw.com/elaw21/blog_documents/Recommencement_of_Jury_Trials_-_Kings_County.pdf. Moreover, Chief Judge Janet DiFiore also issued a statement providing that a limited number of civil/criminal in person jury trials would resume on March 22, 2021, but did not provide specificity as to where. Judge DiFiore explained that while New York is committed to resuming in-person proceedings, it will still be some time before the courts can accommodate pre-pandemic density. Presently, the majority of matters will still be conducted virtually. The full message from Judge DiFiore can be accessed at the following link https://www.elaw.com/elaw21/blog_documents/March15-CJ-Message.pdf.
NEW YORK - Updated Status of New York State Courts
Per a new message released on March 8, 2021 by Chief Judge Janet DiFiore, in New York State Courts the majority of matters will continue to be handled virtually for the “foreseeable future,” but a limited number of in-person proceedings can be scheduled when doing so would serve court operations or important interests such as access. Insofar as trials, a limited number of civil and criminal jury trials are set to resume on March 22, 2021. The Chief Judge’s full message dated March 8, 2021 can be accessed via the following link: https://www.elaw.com/elaw21/blog_documents/March8-CJ-Message.pdf.
GEORGIA - In Federal Courts, Jury Trials in Most Districts Suspended Until at least April 2021
A. Status of Northern District
In the Northern District of Georgia, there will be no jury trials through April 4, 2021, but grand jury proceedings may continue. Prospective petit jurors may be summoned for trials to begin after April 4. Courthouses are open, with social distancing and face mask requirements. Those who have symptoms, have been asked to self-quarantine or have come into close contact with someone who has tested positive for the virus in the past two weeks are prohibited from entering courthouses.
B. Status of Middle District
In the Middle District of Georgia, no jury trials will be held through April 4, 2021. Grand juries are not affected by the moratorium. Those who have tested positive for the coronavirus or may have been exposed to the virus are prohibited from entering any courthouse. The clerk's office is closed for in-person business, and face masks are required in public areas of courthouses.
C. Southern District
In the Southern District of Georgia, only those with official court business will be admitted into the courthouse. Those who have symptoms of COVID-19, have tested positive for the coronavirus or may have been exposed to the virus are prohibited from entering the building. Grand juries will continue to meet. Criminal matters before magistrate judges will continue to take place as usual.
D. General Status of the State Courts
In the state court system, all jury trials not already in progress are prohibited. Grand jury proceedings may resume in person or remotely. Statutory deadlines based on indictments and jury trials remain suspended and tolled. All other deadlines were reimposed in July 2020. All courts are encouraged to conduct proceedings remotely.
NEW YORK - Status of Northern, Western & Eastern District
Eastern District
In the Eastern District of New York, jury trials and grand jury selections are suspended through March 1, 2021. All civil hearings will be conducted remotely. All criminal hearings, conferences, sentencings and change of plea hearings will be conducted remotely through March 1, unless the defendant declines to waive the right to be physically present and the court concludes the matter cannot be postponed in accordance with the CARES Act.
The district is allowing video or telephone conferencing for several types of proceedings, including detention hearings, initial appearances and arraignments. Courthouse access is prohibited for those who have traveled internationally or to certain states in the past two weeks; those who have symptoms of COVID-19; those who have tested positive for the coronavirus in the past two weeks; those who have been advised to quarantine; those who live with someone who has had symptoms and those who have been released from a detention facility in the past two weeks, unless they are reporting to be fitted with a location monitoring device.
Northern District
In the Northern District of New York, all civil and criminal jury selections and trials — including grand juries — scheduled to begin through March 8, 2021, are postponed unless otherwise directed by the presiding judge. Other criminal matters before magistrate judges will continue to take place as usual. All mass public gatherings, including naturalization ceremonies, are suspended. Those who have tested positive for the coronavirus, have symptoms or may have been exposed to the virus are prohibited from entering any courthouse. Face masks are required in courthouses.
Western District
In the Western District of New York, All civil and criminal jury trials are postponed until April 23, 2021. All in-person civil and criminal appearances are postponed through the same date unless deemed essential by the presiding or referral judge. Certain grand jury proceedings may take place remotely. The office of U.S. Citizenship and Immigration Services may perform administrative naturalization ceremonies until further notice. Those who have tested positive for the coronavirus, have symptoms or may have been exposed to the virus are prohibited from entering any courthouse. Anyone not wearing a mask will also be prohibited.
NEW YORK - Southern District Plans for Eventual Full Reopening of its Courthouses
Per the Southern District of New York’s phased reopening plan dated February 11, 2021, the court has established a phased plan to restore full services at its courthouses. The largest courtrooms in Foley Square and White Plains are being renovated to allow for jury trials. During Phase 1, courts will have minimal staffing and remain closed to the general public except for emergency matters and filing papers in drop boxes. The chief judge will determine when the court will enter or exit a specific phase. More information on the plan is available here.
Those who have had COVID-19 symptoms in the past two weeks, have tested positive for the coronavirus or may have come into contact with the virus in the past two weeks are prohibited from entering the district's courthouses. Anyone in the courthouse is required to wear two approved face masks or an N95 mask. Other health measures are also in place, including social distancing, occupancy restrictions and hygiene requirements.
FLORIDA - Courts in Miami-Dade County To Resume Jury Trials In March
Chief Judge Bertila Soto announced that Jury Trials will resume in In Florida’s 11th Judicial Circuit on March 1, 2021. For the remainder of February, the courts will remain in “Phase 2,” which utilizes virtual proceedings and limits in-person contact. This change was originally planned for February, but conditions relating to the spread of COVID-19 necessitated the extension. Nevertheless, there will be precautions even when jury trials resume, such as temperature checks and limitations on who can be present.
NEW YORK - New Statements by Chief Judge Janet DiFiore
On February 1, 2021, Chief Judge Janet DiFiore issued a new message speaking to the status of the New York State Court System. In it she highlights the increasing effectiveness of virtual proceedings, and new amendments to the Uniform Civil Rules for the Supreme Court and the County Court. These new Amendments were made to reduce unnecessary foot traffic while increasing cost-effectiveness and efficiency. A link to the related administrative order can be found here: https://www.nycourts.gov/LegacyPDFS/RULES/chiefadmin/AO-270-20with-ToC-and-Exhs.pdf. Also, Chief Judge DiFiore’s message is accessible via the following link: https://www.elaw.com/elaw21/blog_documents/February1-CJ-Message.pdf.
NEW JERSEY - Resumption of Civil Jury Trials
Per Order of the Hon. Glenn A. Grant dated January 7, 2021, virtual civil jury trials will resume across five vicinages beginning on or after February 1, 2021. Initially, there will be a consent requirement to conduct such a proceeding. However, beginning April 5, 2021, virtual civil jury trials will resume across all vicinages, and there will no longer be a consent requirement. This new order can be accessed via the following link: https://www.njcourts.gov/notices/2021/n210107a.pdf?c=eZP.
NEW YORK - Latest Message from Chief Judge Janet Difiore
On January 4, 2021 Chief Judge Janet Difiore issued a message lauding the efforts of court staff and their increasing proficiency with remote proceedings. She also spoke to some of the concerns raised by remote proceedings and how the Courts plan to address them. Despite the positive sentiment, the letter reads as if there are not currently plans to reinitiate a phased reopening, or reverse the current trend of increased restrictions on in person court proceedings/filings. Judge Difiore’s message can be found at the following link: https://www.elaw.com/elaw21/blog_documents/ChiefJudgeJanetDifoioreMessage010421.pdf.