Federal judge dismisses public defender lawsuit to halt in-person criminal proceedings
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Court officers administer temperature checks to courthouse visitors and personnel to limit the spread of COVID-19. Photo courtesy of OCA
By David Brand
A federal judge on Tuesday dismissed a lawsuit from six public defender organizations attempting to halt the resumption of in-person criminal court proceedings.
The complaint filed in Manhattan federal court claimed that the state’s Office of Court Administration violated the Americans with Disabilities Act by forcing defendants and attorneys with pre-existing medical conditions to visit courthouses for arraignments and case conferences beginning July 13.
Judge Andrew Carter tossed the lawsuit after determining that federal intervention would inhibit the state’s ability to administer its own courts.
“This Court does not, and indeed cannot, dictate if, when, and how state criminal courts reopen or schedule in-person appearances,” Carter wrote, citing legal precedent. “To do so would violate fundamental principles of comity and federalism, and would result in federal supervision of state procedures and proceedings.
OCA spokesperson Lucian Chalfen said the state welcomed Carter’s ruling as the court system works to safely host visitors, defendants and attorneys.
“To date, we have had more than 800 in-person appearances in New York City Criminal Court alone, furthering our goal of the continued resumption of operations reflecting a criminal justice system that is safe, secure and engenders confidence for all users,” Chalfen said.
The six public defender groups, including Queens Defenders and The Legal Aid Society, denounced the decision, handed down during the 30th anniversary of the ADA.
“We are enormously disappointed that the federal court relied on a technicality to allow the Office of Court Administration to resume in-person, non-emergency court proceedings in a manner that violates federal disability law, ignores medical input, and recklessly endangers the health and safety of our clients, our staff, court staff, and New Yorkers,” the defender groups said in a statement.
They said the cases that have resumed are not urgent matters and that OCA abruptly decided to restart in-person hearings and arraignments with little notice.
“There is no reason to force anyone to pile onto public transit and into courtrooms for cases that are going to be adjourned, when the same result can be achieved over a virtual hearing,” they said.
