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By Matthew Russell Lee, Patreon
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SDNY COURTHOUSE, July 2 – When will jury trials start again in the Federal court system? On May 19 Inner City Press put the question to the Chief Judge of the U.S. District Court for the Southern District of New York, Colleen McMahon - as well as questions about maintaining and increasing Press access to SDNY cases during this COVID-19 period and beyond, see below.

 On July 2, a sample criminal trial of Paul Manafort's lender Stephen Calk was pushed to December due to COVID-19. Civil trials are being pushed even further back (although some are to begin soon, virtually). And the mysterious SDNY grand jury in Manhattan appears to have one or more virtual jurors, see Inner City Press coverage here.  Where was Ghislaine Maxwell indicted?

 Now on July 2, this: "On July 6, 2020, the United States District Court for the Southern District of New York (SDNY) will reopen courthouses to the public, going to Phase II of the Phased Re-Entry Plan. Though the doors of the courthouses were closed, SDNY has remained open during the pandemic, conducting proceedings remotely and accepting filings. All SDNY courthouses will reopen to members of the public who have official business before the court. While proceedings can happen at the courthouses, most will take place remotely. Please consult ECF or Pacer for the latest information on proceedings. Public counters in the Office of the Clerk of Court will be open from 9:30 AM to 1 PM. All individuals seeking to enter an SDNY facility are subject to Standing Order M10-468, which requires that they be screened for COVID-19 exposure before entry will be permitted. Screening includes questions that will assess an individual’s likelihood of having COVID-19, as well as measurements of body temperature. Once inside the courthouse, individuals are required to wear masks, observe social distancing and wash or sanitize their hands often. These protocols have been adopted for the safety of all who enter the courthouse. SDNY is committed to carrying out its constitutional mandate of dispensing justice, while doing so safely and in a way that prioritizes the health of all who enter its doors."

  Inner City Press has been covering criminal and civil proceedings in which SDNY judges have predicted when and how jury trials could resume. Already new grand jury indictments have been filed, for example before SDNY Judge Failla (Balde re-indicted) and Judge Crotty for Joshua Schulte, a superseding indictment. Step by step. Watch this site.

  Chief Judge McMahon said that jury trials, when they resume, will be in the larger SDNY courtrooms on the higher floors of 500 Pearl Street, on the first, third and fifth floor of 40 Foley Square and the largest room in the White Plains courthouse.

   First, she said, SDNY staff will be bought back into the building. They will have wear masks, and gloves if they interact with the public.

    Inner City Press asked about criminal defendants being asked if they would consent to a non-jury trial by a single judge, as for example accused Sarah Lawrence College "sex cultist" Larry Ray as been offered by SDNY District Judge Lewis J. Liman.

  Chief Judge McMahon pointed out that in the Federal system, not only the defendant but also the U.S. Attorney's Office would have to consent. Would they?

   In the interim, much work has been done by SDNY and certainly other judges, some in their courtrooms or chambers and some not. Judge McMahon, who spoke from her chamber and comes to the courthouse every day, said it is entirely up to each judge and much productive work can be done in telephone conferences.

  In fact, she said, even after re-opening more civil case conferences may continue to be by phone. Inner City Press acknowledged that one up-side, as a journalist cover the courts, to the current virtual set-up is the ability to cover more than a single case at once.

   Judge McMahon noted that given greater spacing and physical distancing in the courtroom when re-opened, there will still be call in numbers and Inner City Press might continue to find it productive to sometime cover the case this way.

   Inner City Press raised one kerfufel of this set up, that in some civil cases despite the call-in number being public and the Press identifying itself when asked, if only by AT&T, some counsel forget that it is public and begin to discuss settlement numbers. Then they get angry what was said in a public call is reported. This was referred to by another SDNY Judge, Sidney H. Stein- who said it was of course fine to report.

  Judge McMahon indicated that she could see how that could happen, that perhaps judges should be more attuned when what is being said veers into settlement figures. A bit more on Patreon, here.

   The next step will be some physical plans, and the more SDNY court staff coming back in. Inner City Press will be here - watch this site.

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