Queens court officer’s positive COVID test raises concerns amid Kew Gardens spike
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A court officer takes an NYPD officer’s temperature before she is cleared to enter the courthouse. Photo courtesy of OCA
By David Brand
A Queens Criminal Court officer’s positive COVID test is raising concerns among court personnel and attorneys amid a recent spike in coronavirus cases in the surrounding neighborhood of Kew Gardens.
The court officer tested positive on Sept. 25, a day after leaving work early with a headache and fever. Despite the health problems he experienced that afternoon, he had passed a health screening and temperature check before entering the courthouse earlier in the day, according to staff emails. The court officer did not respond to messages seeking comment and the Eagle is not naming him for health privacy reasons.
The court officer was assigned to patrol the hallways on the first floor and the ground floor. Court personnel who notified the Eagle of the positive COVID test said they were concerned because he was “moving all through the building” and potentially spreading the virus that causes the illness.
In a message to staff, Criminal Court Supervising Judge Michelle Johnson said the court officer had “followed all COVID protocols, including wearing a mask at all times.”
Office of Court Administration spokesperson Lucian Chalfen said the court officer had “no indication of illness when he arrived for work Thursday.” OCA has notified the city’s Test and Trace Corps and informed court employees, Chalfen said.
In a weekly address Monday, New York’s Chief Judge Janet DiFiore called on court personnel to strictly adhere to safety protocols in the fall and winter “when the transmission of viruses traditionally increases.”
“It is incumbent upon us to lead the way in responsibly following best health and safety practices in our public courthouses, particularly as we gradually restore jury trials and other in-person services that will bring a measured increase in the number of people entering our buildings.” she said.
The court officer is just the latest Queens Criminal Court official to test positive for COVID-19 in recent months. In July, a court clerk received her positive COVID test result while at work in the arraignments part.
New York State Court Officers Association President Dennis Quirk said 14 other Queens court officers were told not to come to work because they came in contact with the infected colleague Thursday. They are awaiting their own COVID test results, he said.
“We want to work, but we want the place to be safe,” said Quirk, who has sued the OCA, claiming the state court system failed to provide adequate personal protective equipment for staff.
Public defender organizations have gone even further, suing OCA to halt the resumption of any in-person proceedings over safety concerns. A federal judge dismissed their lawsuit on July 29 after criminal courts had already reopened for some in-person hearings and conferences. The proceedings had been suspended since March 16, while arraignments and emergency conferences were handled remotely.
Still, the president of the Association of Legal Aid Attorneys, Jared Trujillo, said the latest example of a sick court officer traversing much of the court building highlights the exact concerns the public defender groups raised in their lawsuit.
“It’s indicative of why courts don’t need to be open for in-person appearances,” Trujillo said. “The cases being called right now are not essential.”
Trujillo said proceedings remain inconsistent. While speedy trial rights have been indefinitely suspended via executive order from Gov. Andrew Cuomo, some people are showing up in court to resolve minor desk appearance tickets, he said.
“People are still languishing in jail without having their day in court, but in Criminal court, they’re calling really BS cases, like DATs,” he said.
The positive COVID case at the Kew Gardens courthouse comes as the illness rate has begun to tick up in the surrounding neighborhood, which has been singled out by the Department of Health for more a intensive public health response.
As of Sunday, Kew Gardens had one of the city’s highests rate of positive COVID tests, at nearly 4 percent, according to Health Department data. The citywide rate has remained slightly above 1 percent since July.
“Keeping courts virtual and keeping them open isn’t just about the safety of clients and workers, it’s about the safety of entire community,” Trujillo said.
