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Caribbean Life, Mar. 31-Apr. 6, 2022
By Nelson A. King
Trinidadian-born Justice Wavny
Toussaint has said that the COVID-
19 pandemic brought “great loss” to
Kings County (Brooklyn) Supreme
Court’s Civil Branch.
Toussaint — who serves as an
associate justice of the Appellate
Term, Supreme Court of the State
of New York for the 2nd, 11th and
13th Judicial Districts — told
Caribbean Life over the weekend
that Justice Johnny Lee Baynes, a
friend for over 30 years and a fellow
Howard University Law School
classmate, whose chambers were
a mere 30 feet from hers, “lost his
battle with the Coronavirus virus in
March 2020.
“Shortly, thereafter, in April
2020, Justice Noach Dear lost his
battle with the Coronavirus,” added
Justice Toussaint, who hears appeals
from the New York City Criminal,
Civil, Small Claims and Housing
Courts in Brooklyn, Queens and
Staten Island. “For two years, his
chambers were next to mine in Civil
Court, and again when he moved to
Supreme Court.
“A year or two earlier, he honored
me with an invitation to his grandson’s
bris,” continued Justice Toussaint,
who, simultaneously, serves
as an elected Justice of the Supreme
Court of the State of New York,
Kings County (Civil Branch).
She disclosed that other judges,
court officers and court staff
became ill because of the virus.
“Some were hospitalized,” Justice
Toussaint said. “It was a frightening
time because, as of yet, there
was no cure.”
She said that January 2020
“began wonderfully.”
On Feb. 5, 2020, with two other
colleagues, Justice Toussaint said
she sat for the first time as an Associate
Justice of the Appellate Term.
She said this was followed by just
one more in-person sitting.
“Then the COVID-19 pandemic
was upon us,” said Justice Toussaint,
disclosing that, in late February,
“a memo, with general information
about the Coronavirus, was
sent to all court personnel.”
In early March, she said an update
was provided that was more specifically
targeted to the New York State
Court system.
By March 17, 2020, except for
essential staff, Justice Toussaint
said court buildings were closed.
“For most judges and their court
attorney staff, the work of drafting
decisions simply continued from
home,” she said, stating that all
Appellate Term sittings were virtual
until January 2022.
“In February, we were once again
virtual but have resumed in-person
arguments in March,” she added.
“Unfortunately, we are displaced to
a different courthouse for our inperson
sittings, as the panel bench
in our assigned courtroom at the
Kings County Civil Court is too
small to allow social distancing for
our three judge panels.”
Justice Toussaint said that
although access to the court building
was limited, “the work of the
Trinidadian-born Justice Wavny Toussaint. Justice Wavny Toussaint
court needed to continue.”
By April 2020, working remotely
and virtually, she said she and her
staff resumed conferencing, and
settling cases, hearing arguments
on motions and issuing decisions.
“So did many other judges,” Justice
Toussaint said. “I already had
access to court files from my home.
Court IT (Information Technology)
personnel enhanced that capability.
“To schedule matters, we reached
out to parties by email; and, for
those who could only be contacted
by phone, a Google phone line was
used to avoid disclosing our personal
numbers,” she added. “For
those without computers, tablets or
smartphones, we simply had them
join conferences by telephone.
“Just as if we were in chambers,
there were daily conferences
with my Court attorneys to begin
and end each workday, albeit by
telephone,” Justice Toussaint continued.
“I believed these daily calls
reduced our isolation, and strengthened
both our team spirit and our
personal relationships.”
But she said conducting trials,
bench or jury, and any type of hearing
remained “a challenge.”
Pandemic brought ‘great loss’ to
court: Justice Wavny Toussaint
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