Courts Respond to COVID-19 with Consolidated, Virtual Options

They say necessity is the mother of invention, and perhaps no less so in trying times like these. For years, the idea of virtual courts in New York has been discussed, and, in some very limited cases implemented. But now, in the current crisis, they are more necessary than ever and the Chief Judge of New York is making it happen.

As we previously reported, in an unprecedented move, New York’s courts have effectively been closed to litigants for the foreseeable future with some limited exceptions. (See related article.) For those exceptions, New York Chief Judge Janet DeFiore has ordered so-called “consolidated courthouses” in each New York county. As such, each county has one designated courthouse to service all of the courts of that county. For example, for those emergency or urgent matters that must be heard in Nassau, all matters, including those before the Family Court, the Supreme Court, the County Court, the Surrogate Court and even matters for the cities of Long Beach and Glen Cove, are all functioning from one central location at the courthouse at 262 Old Country Road, Mineola, NY, with a reduced staff.

Pursuant to Judge DeFiore’s plan, the use of the consolidated courthouses can be reduced even further through establishment of “virtual courthouses.” As such, last week in New York City the criminal and family courts began using Skype to conduct business. This week, that effort expanded to Nassau and Suffolk Counties, as well as several upstate counties. Incarcerated defendants are now appearing in criminal courthouses across the metropolitan area by Skype. In addition, guardianship and matrimonial matters are being addressed by Skype. A minimal core team of essential staff will remain in the courthouse to intake papers, operate the equipment, process the court’s orders, maintain the official court record and answer the phone.

Even before the formal orders to close the courthouses and restrict new filings were issued two weeks ago, counties such as Nassau were engaged in coordinating court appearances, including oral arguments, by videoconference. In fact, one of the authors of this article participated in one such conference. There, an attorney, who decided to self-quarantine as a result of international travel, was permitted to appear on a 70-inch television screen in the middle of the room. Despite his absence from the courthouse, his presence on the big screen was perhaps larger and more engaging than that of most of the litigants in the courtroom.

Difficult times demand us all to make adjustments. Sometimes, challenges accelerate innovation.