NYS Public Health Legal Manual: A Guide for Judges, Attorneys ...

§ 1.124 NEW YORK STATE PUBLIC HEALTH LEGAL MANUAL
upholding a judge’s adapting procedures to the needs of the court as
long as the new procedures are “consistent with general practice as
provided by statute.” People v. Ricardo B., 73 N.Y.2d 228, 232
(1989) [trial court has authority to empanel two juries, despite clear
statutory references to a single jury and no statutory authorization
for multiple juries]. See id. at 233 [“the courts may adopt new
procedures which are fair and which facilitate the performance of
their responsibilities”].
[1.124] C. Remote Appearances
[1.125] 1. Legislative Authorization
CPL § 182.20(1) [court may dispense with the personal appearance of
a criminal defendant “except an appearance at a hearing or trial” and may
“conduct an electronic appearance” (in certain listed counties) with the
authorization of the Chief Administrator and the consent of the
defendant]; 22 NYCRR Part 106 [rules implementing § 182.20]; CPL
§ 65.10(2) [when a court declares a child witness to be “vulnerable,” it
shall “authorize the taking of the testimony of the vulnerable child
witness from the testimonial room by means of live, two-way closedcircuit
television”].
[1.126] 2. Authority of Judge
Judiciary Law § 2-b(3) [“A court of record has power . . . to devise and
make new process and forms of proceedings, necessary to carry into effect
the powers and jurisdiction possessed by it.”]. See also State Constitution,
Article VI, § 30 [“Nothing herein contained shall prevent the adoption of
regulations by individual courts consistent with the general practice and
procedure as provided by state or general rules.”].
Commentary
The constitutional and statutory authority of judges to devise special
procedures for the hearing of cases in public health emergencies (see
B, above) extends to procedures permitting remote appearances in
situations where a quarantine or other health-related restriction may
prevent litigants, attorneys or witnesses from physically appearing
70