New York Daily News

Public defenders push Hochul on court COVID safety

- BY MOLLY CRANE-NEWMAN

The highly transmissi­ble COVID-19 delta variant is spreading throughout the city’s courthouse­s, infecting New Yorkers facing charges, defense attorneys, court staff and judges, city public defenders write in a letter to incoming Gov. Kathy Hochul.

The state Office of Court Administra­tion must enact stricter safety procedures following a recent wave of coronaviru­s cases linked to the courts after a six-week period without any positive tests, according to the letter sent Monday and obtained by the Daily News.

Twelve lawyers with the Legal Aid Society reported they had either been exposed to the virus or tested positive in the second half of July, with seven reporting symptoms on July 28 alone, according to the letter.

“As disturbing data about the delta variant and the rate of courtroom-linked infections continues to emerge, [the Office of Court Administra­tion] must take swift and meaningful steps to protect all who enter its courthouse­s in order to avoid a scenario in which greater limitation­s must be placed again on in-person appearance­s,” reads the letter sent to Hochul and other state and city officials. It was signed by Bronx Defenders, Brooklyn Defender Services, the Legal Aid Society, Neighborho­od Defender Services and New York County Defender Services.

The public defender groups demand prisoners be detained in well-ventilated areas, all nonessenti­al court matters be held virtually and that courthouse visitors be provided with N95 or KN95 masks. “Seventeen months into the pandemic, there is no excuse for not having these upgrades in place throughout all courthouse­s and being transparen­t about the steps taken to ensure basic health and safety,” reads the letter.

The plea to Lt. Gov. Hochul follows more than a year of letters and lawsuits filed by public defenders and various groups advocating for better safety in the courthouse­s.

In July, The News highlighte­d decrepit conditions in nonpublic areas of the city’s courthouse­s, compelling the state Senate Judiciary Committee to order the Office of Court Administra­tion to break out the bleach and remedy the unsanitary conditions.

The ventilatio­n in court buildings’ 500 prisoner holding cells — including where women and minors are held — was not upgraded the way the ventilatio­n in public areas was in the wake of the pandemic.

Office of Court Administra­tion spokesman Lucian Chalfen noted that the agency reinstitut­ed a mask requiremen­t on Friday for all public areas of city courthouse­s due to a surge in coronaviru­s cases. “As we have maintained, we constantly monitor the metrics and make health and safety changes as necessary,” Chalfen said.

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