COVID-19 PROTOCOLS IN THE SECOND CIRCUIT COURT (as of July 1, 2021)

GOAL:
Second Circuit continues to strive to keep litigants, witnesses, attorneys and all Court personnel as safe as possible while continuing to function. To achieve this objective Second Circuit minimizes contact between the foregoing persons, maximizing distance between participants, while allowing in person proceedings where desired, necessary and/or appropriate. Three (3) foot distances should be maintained, masks should be worn unless questions are being asked or answered.

Probate Matters/Motion Hearings –
Second has continued to utilize WebEX hearings as our default medium for motion hearings and all proceedings for Emergency Petition for Conservatorships and Petitions for the appointment of an Expedited Limited Healthcare Fiduciaries. Upon timely request, preferably a day in advance, the proceeding can be conducted by zoom, facetime or in person. Should the attorneys desire any form of video recording it shall be the responsibility of the attorneys to arrange for a Court reporter or other video recording.

Impaired Driving Dockets-
Court personnel shall send out the zoom link in advance of the Impaired Driving docket. Where possible and appropriate the ADAs shall work with Defense counsel and agree to the waiver of the personal appearance of a defendant and allow the Defendant to appear by Zoom. Additionally, the Court encourages filling out plea paperwork several days in advance, obtaining all signatures, then forwarding the completed pleas to Ms. Jackie Williams.

Jury Trials –
We are requiring that masks be worn in the court room and we are enforcing the 3 feet distancing requirement. Attorneys, parties, prospective jurors, witnesses, court reporters, court personnel and the Judge are required to wear masks. When attorneys are asking questions of the prospective jurors, the attorneys may remove their masks, if they are comfortable doing so, in order to be heard more clearly. Prospective jurors may remove their masks when they are answering questions, again if they are comfortable doing so. If the attorneys or prospective jurors choose to leave their masks on during voir dire, they will be asked to speak loudly so that they may be heard more clearly. When the parties and witnesses are answering questions, they may remove their masks, if they are comfortable doing so. If the parties and/or witnesses choose to leave their masks on, they are asked to speak loudly so that they may be heard more clearly.

As an extra precaution, this Court has installed plexiglass dividers for the seating of 13 jurors in the jury box as well as plexiglass dividers between the front row and the back row of the jury box. There is a plexiglass divider between the Court and the witness box. There are also plexiglass dividers on each side of the podium.

Because of the three foot distancing requirement, the jury deliberations will, at the jury members choice, take place either within the courtroom or outside.

Non-jury Trials-
We are requiring that masks be worn in the court room and we are enforcing the 3 feet distancing requirement. Attorneys, parties, witnesses, court reporters, court personnel and the Judge are required to wear masks. When the parties and witnesses are answering questions, they may remove their masks, if they are comfortable doing so. If the parties and/or witnesses choose to leave their masks on, they are asked to speak loudly so that they may be heard more clearly.

Sanitizing in Courtroom-
The Court Officer wipes down and sanitizes the plexiglass in the jury box at the end of each jury trial.

The Court Officer wipes down and sanitizes the podium after each hearing or at the end of the day.

The Court Officer sprays a sanitizing agent in the entire court room at the end of each day of hearings.

The jury room is sanitized after each day of use. Additionally, UV lights and air purifiers are utilized in the jury room.

WebEX-
Call in Number: 1-415-655-0001
Attendees access code: 95453046#
Remember to “mute” until called