03/17/2020
Additional information regarding COVID-19 Court procedures.
Kings County Criminal Bar Association
Christopher Wright, President
Coronavirus: Brooklyn Court Operations
Coronavirus: Brooklyn Court Operations
MONDAY, MARCH 16:
• Last day of “normal” operations. Attorneys should appear, and defendants can appear if they wish. No warrants are being issued anyhow.
• Adjournments will be handled as detailed below, and, as also explained below, there will likely be no enforcement of speedy trial and discovery laws for the foreseeable future.
EFFECTIVE 5pm on MARCH 16 AND FOR THE FORESEEABLE FUTURE:
CRIMINAL COURT
• Only arraignments and emergency/essential functions
• NYPD will bring all COVID-19 possible new Brooklyn arrests to Red Hook, and all other new arrests to another NYPD-designated facility (currently anticipated to be Brooklyn Central Bookings at 120 Schermerhorn) for video arraignment
• A room on the 8th floor at 120 Schermerhorn will be set up for attorneys to have video conferences with their clients prior to arraignment
• Two courtrooms on the 8th floor will be set up for video arraignments (one for COVID-possible defendants, one for the others)
• CJA and BJI are not considered “essential functions.” Thus, there will be no CJA forms available for arraignments, and there will be no supervised release option until further notice
• All out-defendants will be administratively adjourned for 90 days unless compelling reasons can be articulated otherwise
• All in-defendants will be administratively adjourned for 30 days. The court is contemplating setting up video conference capability for such defendants and their attorneys in the interim
• A room (also probably on the 8th floor) will be set up to handle all essential/emergency applications on pending cases
• Gov. Cuomo is expected to suspend CPL Articles 30, 170, 180, 245, etc. (as was done during Hurricane Sandy and after 9-11)
• Chief clerks Smoot and Maddox are expected to disseminate a memo detailing all Brooklyn procedures
SUPREME COURT
• All matters are being administratively adjourned, approx. 6 weeks
• Parts will be combined into approximately 3 courtrooms. Attorneys are expected to appear without defendants, however, if attorneys wish to avoid appearing, they need only contact the court and make the arrangement
• Emergency/essential applications will be heard in one of the 3 open court parts
• Chief clerk Alessandrino is expected to disseminate a memo detailing all procedures
I will follow up with any additional information as it becomes available.
Please contact me at [email protected] or Michael Farkas at [email protected] if issues arise during this period. We will do our best to assist.
Thank you,
Christopher Wright
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