NYC grand juries will resume in August

Chief Administrative Judge Lawrence Marks said grand jury proceedings will resume in August. Eagle file photo by Rob Abruzzese

By David Brand

Grand juries will resume in New York City’s five criminal courts in August, the state’s Chief Administrative Judge Lawrence Marks said Tuesday.

Counties will begin sending jury summonses over the next several days, Marks said. 

“As we move forward with our phased-in restoration of in-court operations in the five boroughs, we will continue to work diligently to meet the justice needs of those served by our New York City courts while remaining vigilant in protecting the health of our judges, professional workforce and all those who visit and use our courthouses,” Marks said.

With grand jury proceedings suspended for nearly four months, state courts in New York City began to use an uncommon method for indictment: the preliminary hearing.

Unlike grand jury proceedings, where a prosecutor argues for a felony indictment before a panel of 23 citizens and a judge inside a closed courtroom, preliminary hearings pit a prosecutor against a defense attorney in open court. To observe the hearing — currently conducted via teleconference —  members of the public must apply at least 24 hours ahead of time and visit the courtroom to watch on screen. The judge and opposing attorneys all appear via teleconference.

By early June, there had been 210 preliminary hearings, also known as felony hearings, across New York City — including 19 in Queens — since Marks suspended all but “essential” proceedings in the state, according to the Office of Court Administration. 

Grand juries were not considered essential by Marks, a decision upheld by a Supreme Court judge.

Preliminary hearings are relatively common in counties upstate, but are rare in New York City, an OCA spokesperson said. The spokesperson said the hearings would be used until they are no longer deemed necessary.