With grand juries on hold, New York City courts move to preliminary hearings

Remote preliminary hearings are being held in place of grand juries in courts across New York City. Photo via OCA/AP

By David Brand

With grand jury proceedings suspended for the past two and a half months, state courts in New York City have begun to utilize 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.

There have been 210 preliminary hearings, also known as felony hearings, across New York City — including 19 in Queens — since Chief Administrative Judge Lawrence 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. 

They will continue to be utilized “as long as there is a need,” the spokesperson added.

That likely means preliminary hearings will continue until Gov. Andrew Cuomo lifts the suspension of Section 180.80 of Criminal Penal Law, which mandates that a case must appear before a grand jury within six days unless the defendants waives their right to a grand jury.

The temporary suspension has left defendants behind bars indefinitely without being formally indicted.