Queens criminal court suspends most in-person proceedings as COVID rate rises
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The plexiglass-encrusted bench inside Queens Criminal Court’s ceremonial courtroom. Eagle file photo by David Brand
By David Brand
Queens’ criminal supreme court has halted in-person proceedings except in instances deemed “absolutely necessary,” the court’s top judge said in a memo to attorneys and staff.
Starting today, nearly all hearings, conferences and supreme court arraignments will take place remotely for at least two weeks to prevent the spread of the coronavirus, Queens Supreme Court Administrative Judge Joseph Zayas wrote Wednesday.
“To that end, the production of incarcerated defendants for in-person appearances is being cancelled. And at-liberty defendants should not appear in court, though they may, of course, participate in the proceeding by videoconference,” Zayas said.
The decision comes as COVID positivity rates continue to rise across the five boroughs. Earlier this month, state court leaders suspended all new jury trials and grand juries in an effort to reduce the number of people inside courthouses statewide. One jury trial continued until its conclusion on Nov. 23.
At least five people, including court staff and prosecutors from the Queens District Attorney’s Office, have tested positive for COVID-19 this month after appearing in the Kew Gardens criminal court building, according to information published each day by the Office of Court Administration.
Zayas has left it up to individual judges to order in-person apperances in specific circumstances, like sentencing and bail requests involving defendants who are not behind bars. Three courtrooms will host the limited in-person proceedings, he said.
The directive means a few high-profile defendants will not visit the courthouse for their scheduled conferences this week. A former NFL linebacker is accused of hitting a Queens cop and two men charged with felony murder for their alleged roles in an NYPD detective’s death each have remote hearings.
OCA has endorsed the effort to cease in-person criminal proceedings across New York City.
“Our aim is to discourage in-person appearances and encourage virtual ones,” said OCA spokesperson Lucian Chalfen. “Should there be a particular circumstance that necessitates an appearance, it would be at the judge’s discretion.”
The state court system halted most in-person proceedings in March during the peak of the coronavirus pandemic, but ordered defendants back to courthouses in July.
That month, Queens Defenders, the Legal Aid Society and four other organizations sued OCA in federal court to halt the resumption of in-person proceedings. A judge dismissed their lawsuit.
