Jury duty coming back soon to Suffolk and Nassau courthouses

Jury duty is coming back soon on Long Island as court administrators aim to balance the rights of people who have waited for justice while trials stopped during the coronavirus pandemic with concerns about potential virus spread.

Both Nassau and Suffolk counties are launching pilot programs that will bring back juries in criminal and civil trials in scaled-down numbers and with ramped-up safety precautions.

In Suffolk, the plan is to begin picking trial juries for both criminal and civil cases starting Sept. 8, according to court officials.

In Nassau, jury selection will start in October for civil trials and in November for criminal trials.

The efforts will build on what Long Island’s top state court judges called the recent successful restart of grand jury proceedings – where participants hear evidence and vote on whether to indict defendants.

“We know we can do this. We know we can do it safely,” Suffolk Administrative Judge Andrew Crecca said in an interview. “…We have criminal defendants who are waiting for their trial. We have victims who really want to have their day in court.”

Jurors will wear face masks, undergo temperature checks and answer virus-related screening questions – as all courthouse visitors already do. Social distancing markers have been set up in courthouses, where hand sanitizer will be readily available, top judicial officials said.

They also said courtrooms will be reconfigured to allow for more space between people, the areas will be cleaned daily and face shields also will be ready for juror use. Other measures are expected to include use of self-cleaning surfaces that are powered by light and can be put on door handles and elevator buttons.

Nassau Administrative Judge Norman St. George said the return of juries is the next progression in the gradual restart of in-person operations as the court system transitions back from the virtual format adopted in mid-March due to the pandemic.

“It’s just slow and steady. We know where we want to get to and so we take a step,” he said.

Nassau’s plan is to have a maximum of four civil trials and two criminal trials that involve juries going at the same time in the beginning, according to St. George.

He said any potential panelists with concerns about serving because of the virus or with pandemic-related child care issues won’t be pressured to sit on juries.

Attorney Karen Johnston, who leads the Criminal Courts Bar Association of Nassau County, said her membership’s reaction to the upcoming restart of jury trials has been mixed.

“We certainly realize that there are clients sitting in jail awaiting their trial … We want people to have their day in court,” she said. “But on the other hand, we want to balance that out, making sure everyone is safe.”

In Suffolk, Crecca said the plan is to seat enough jurors at one time for up to four civil trials, up to four felony trials – but likely two – and for one misdemeanor trial.

Suffolk County Bar Association president Derrick J. Robinson said his membership is “very excited” about restarting jury trials. He said some attorneys have concerns, including about virus spread and not being able to read the expressions of people wearing masks.

But Robinson, who is a Suffolk District Court judge, added that the court system is “going into this in a way that makes sure safety protocols are adhered to.”

However, some people, including Manhattan attorney Robert Gottlieb, believe the courts aren’t ready to take a step forward with more in-person operations. He was part of a recent Nassau County Court murder case that became Long Island’s first criminal trial after pandemic-related closures of most courts.

In an Aug. 18 letter, Gottlieb told New York Chief Judge Janet DiFiore the courts aren’t ready “to conduct hearings or trials if personal appearances are required.”

Gottlieb said the judge who presided in the non-jury Nassau trial and court staff did an “incredible job” with “the resources available to protect everyone’s health,” but there weren’t enough anti-virus measures.

But DiFiore spokesman Lucian Chalfen called Gottlieb’s contentions “erroneous” and questioned why the lawyer didn’t bring up his concerns during the trial – which broke ground for its use of virtual technology with the defendant using Skype to attend from jail.

St. George also fired back at Gottlieb in an Aug. 21 letter, saying the attorney's characterization of anti-virus measures during the trial was “not accurate and … not grounded in any public health guidance.”

The judge added: “I can assure you and the public at large that we will continue to move forward deliberately and responsibly while prioritizing the health and safety of all involved in the courts.”