Lawyers call for more COVID protocols

Legal aid groups called on OCA to bulk up COVID precautions on Tuesday. Photo courtesy of OCA

By Rachel Vick

Legal aid groups from across the city sent a letter to the Office of Court Administration this week to call for improved safety precautions as the number of Delta variant cases rises.

The Legal Aid Society, Brooklyn Defender Services, The Bronx Defenders, Neighborhood Defender Service of Harlem and New York County Defender Services said that a number of protocols, in addition to the reinstated mask mandate, are necessary to protect them and their clients.

“While we welcome the recent announcement by the Office of Court Administration of a return to a requirement that people in courthouses wear masks, more and swifter action is needed to protect our clients, our staff, and everyone who uses the courthouses from unacceptable, avoidable risk,” the letter reads. “OCA’s relaxation of pandemic rules was based on the belief that fully vaccinated people were unlikely to become sick or spread the virus, but this belief does not stand up to current data on the Delta variant.”

“As disturbing data about the delta variant and the rate of courtroom-linked infections continues to emerge, OCA must take swift and meaningful steps to protect all who enter its courthouses in order to avoid a scenario in which greater limitations must be placed again on in-person appearances,” the letter continues.

The legal aid groups are asking the courts to provide masks for people who come in without one, conduct appearances virtually unless specifically requested otherwise and to schedule arraignments in a way that will prevent crowding in hallways.

The letter also asks that OCA provide documentation to confirm that all detention areas of all courthouses now have air filtration systems rated MERV 13 or higher or place air purifiers with HEPA filters in areas with poor air circulation. The spaces are under purview of the Department of Correction or the NYPD, according to OCA.

An OCA Spokesperson said that the letter is being reviewed and the agency “will explore the issues that we have control over.”

Starting Sept. 7, COVID testing will be required for unvaccinated court staff and judges, and all court attendees will have to wear a mask regardless of their vaccination status.

“As we have maintained, we constantly monitor the metrics and make health and safety changes as necessary,” the OCA spokesperson said. “Just Friday we reinstituted our mask policy in all public areas of courthouses, recognizing the uptick in reports of positive cases.”

The rise in cases has been reflected throughout the court system as well.

Eighty-one people throughout the state’s court system have tested positive for COVID-19 through the first 17 days of August, according to the OCA. There were 33 positive cases throughout the entire month of July.

In June, there were eight positive cases.

In Queens courts, there have been nine positive cases through the first 17 days of August. There were four cases in July and none in June.