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Caribbean Life, April 21-27, 2022
By Nelson A. King
As she reflects on the impact
of the COVID-19 pandemic on
the New York judiciary, Guyanese
American Justice Claudia Daniels
DePeyster says she was “happy to
be working” during the lockdown.
Justice DePeyster, who describes
herself as “a proud first-generation
Guyanese-American” — born in
Brooklyn to Guyanese immigrants
— told Caribbean Life that she was
also “happy to be doing something
other than worrying about each
day living in a pandemic.”
“Despite the shutdown, the New
York City Criminal Courts continued
operations,” said Justice DePeyster,
who, recently, was appointed
an acting Supreme Court Justice in
Kings County (Brooklyn) Supreme
Court-Criminal Term, where she
presides over a felony Gun Part.
In April 2015, Justice DePeyster
was appointed by former New York
City Mayor Bill De Blasio to serve as
a Criminal Court judge.
She sat in Kings County Criminal
Court until early February 2022
and presided over the Youth Part for
many years, helping young adults,
age 17-24, to complete diversion
programs in order to receive dismissal
of their criminal cases.
Justice DePeyster also presided
over a Trial Part in Kings County
Criminal Court, where she conducted
hearings and trials before
and during the pandemic.
“Prior to the pandemic, we had
hospital arraignments. This meant
that defendants who were hospitalized,
but needed to be arraigned
on an arrest case, were arraigned
from their hospital beds,” she said.
“Their attorneys would be present
with them in the hospital, and the
judge and prosecutor would be in
the courthouse doing the arraignment
via live stream camera.
“This technology was enhanced
during the pandemic, so that
Skype, then later Microsoft Teams,
could be utilized to do virtual criminal
arraignments,” she added.
Justice DePeyster said she
worked outside of the courthouse
in the height of the pandemic,
doing night court arraignments
virtually – from 5:00 p.m. to 1:00
a.m., Monday to Sunday, seven days
a week, including holidays – or on
“whatever days I was scheduled to
work.”
She said other judges handled
day court arraignments from 9:00
am to 5:00 pm.
“Since the courts were not open
for in-person court appearances at
the height of the pandemic, defendants
charged with felony crimes
also needed to have court appearances,”
Justice DePeyster said.
“Preliminary hearings were held,
where incarcerated defendants
were produced for court in-virtual
proceedings.”
She said all parties appeared
virtually, via Microsoft Teams,
including witnesses, and that evidence
was presented to determine
whether there was legally sufficient
evidence that the defendant committed
a felony and should remain
Justice Claudia Daniels-DePeyster. Courtesy Justice Claudia DePeyster
incarcerated; or there was insufficient
evidence, and the defendant
should be released.
“I conducted many of these proceedings,”
Justice DePeyster said.
She said that, on or about June
2021, court personnel were directed
to return to work, and that mask
wearing and sanitizing the workplace
were big concerns for her and
other employees.
“Vaccinations were required in
the courts, as was the requirement
in city workplaces,” she said. “I was
concerned about returning to work
(in the office), as two sitting judges
died from COVID.”
However, Justice DePeyster said
she still believed that returning
to work in the office “would be
a start in getting things back to
normalcy.
Justice Claudia DePeyster ‘happy
to be working’ during pandemic