Page 13 - CLT032320

NEWS MARCH 23, 2020 ¦ 13

2nd Circuit Remains Open, With Restrictions,
Amid Coronavirus Outbreak

By Tom McParland

The U.S. Court of Appeals for the Second Circuit
said that it plans to continue hearing appeals as
scheduled this week, as state and federal gov-
ernments ramped up their efforts to slow the spread
of the COVID-19 outbreak.
While the Manhattan-based appeals court would
remain open to “fulfill its constitutional and statuto-
ry responsibilities,” access to the courthouse would
be restricted only to those with official business be-
fore the court, Chief Judge Robert Katzmann said in
a one-page order posted to the court’s website Mon-
day.
The court had also established a teleconferencing
platform for judges and attorneys who prefer to ap-
pear remotely, and audio of all arguments would be
livestreamed to maintain public access to court pro-
ceedings, according to the order.
U.S. Court of Appeals for the Second Circuit

“For the Second Circuit, we are anticipating be- Chief Judge Robert Katzmann.

ing open for business. We’ve got the technological Last week, the Second Circuit announced that it
capabilities to make sure our arguments go on as would bar entry to people who had recently vis-
scheduled,” Katzmann said in a phone interview. ited China, Iran, Italy, Japan or South Korea, which
“We have no plans to shut down for business.” have been particularly hard-hit by COVID-19, the
The comments came as New York City was brac- illness caused by the novel coronavirus. Lawyers
ing for the possibility of sustained shutdowns in and pro se parties were directed to notify the court
the face of a global pandemic that on Monday af- if they had come in close contact with someone
ternoon had tallied nearly 4,300 recorded cases in diagnosed with COVID-19, had been asked to self-
the U.S. quarantine or if they suffer from a compromised
State trial courts in New York had grinded to a immune system.
near halt, and as of Monday, Gov. Andrew Cuomo Meanwhile, U.S. District Chief Judge Colleen
ordered a set of fresh restrictions, including the clos- McMahon of the Southern District of New York on
ing of public schools and a ban on gatherings of 50 March 13 ordered a pause to all jury trials in civil
people or more in public places. and criminal cases set to begin before April 27. All
The new measures in the Second Circuit build trials underway before Monday would proceed as
on previous guidance that restricted access for planned, and existing grand juries would continue
those who may have been exposed to the virus. Ac- their operations, McMahon said.
cording to the new order, anyone approved to enter Criminal defendants who are currently detained
the premises would be screened by security staff would be allowed to petition the judges overseeing
to ensure they meet health requirements posted at their cases for an exception to the order, though the
the doors.
¦ Continued on PAGE 14

CONNECTICUT
Law Tribune