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ADMINISTRATIVE ORDER OF THE CHIEF ADMINISTRATIVE JUDGE OF THE COURTS Pursuant to the authority vested in me, and upon consultation with and agreement of the Administrative Board of the Courts, I hereby adopt, effective April 14, 2020, the proposed plans for temporary centralized arraignments parts in the Fourth Judicial District (Exhibit A) and establish off- hours arraignment parts as described therein. Pursuant to Judiciary Law §212(l)(w), the off- hours arraignment parts shall be held in such courts for the conduct of arraignments and other preliminary proceedings incidental thereto, and for arrest warrant returns in criminal cases, where the use of such parts will facilitate the availability of public defenders or assigned counsel for defendants in need of legal representation at such proceedings. In response to the COVID-19 health emergency, all appearances in the parts will be virtual-by means of video conferencing as detailed in each plan. Judges and justices shall be temporarily assigned to the court on a rotating basis in accordance with a schedule to be published as soon as practicable. This order will remain in effect at least and until the public health emergency necessitating it abates, whereupon this order will be rescinded by a subsequent order. Administrative Judge of the Courts Dated: 4-14-2020 AO/94/20

ADMINISTRATIVE ORDER OF THE CHIEF ...Montgomery, Saratoga, Schenectady and St Lawrence) need the flexibility and subsequent county-wide jurisdiction a CAP would provide. In order for

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Page 1: ADMINISTRATIVE ORDER OF THE CHIEF ...Montgomery, Saratoga, Schenectady and St Lawrence) need the flexibility and subsequent county-wide jurisdiction a CAP would provide. In order for

ADMINISTRATIVE ORDER OF THE CHIEF ADMINISTRATIVE JUDGE OF THE COURTS

Pursuant to the authority vested in me, and upon consultation with and agreement of

the Administrative Board of the Courts, I hereby adopt, effective April 14, 2020, the

proposed plans for temporary centralized arraignments parts in the Fourth Judicial

District (Exhibit A) and establish off- hours arraignment parts as described therein.

Pursuant to Judiciary Law §212(l)(w), the off- hours arraignment parts shall be held

in such courts for the conduct of arraignments and other preliminary proceedings

incidental thereto, and for arrest warrant returns in criminal cases, where the use of

such parts will facilitate the availability of public defenders or assigned counsel for

defendants in need of legal representation at such proceedings. In response to the

COVID-19 health emergency, all appearances in the parts will be virtual-by means

of video conferencing as detailed in each plan. Judges and justices shall be

temporarily assigned to the court on a rotating basis in accordance with a schedule to

be published as soon as practicable. This order will remain in effect at least and until

the public health emergency necessitating it abates, whereupon this order will be

rescinded by a subsequent order.

Administrative Judge of the Courts

Dated: 4-14-2020

AO/94/20

Page 2: ADMINISTRATIVE ORDER OF THE CHIEF ...Montgomery, Saratoga, Schenectady and St Lawrence) need the flexibility and subsequent county-wide jurisdiction a CAP would provide. In order for

EXHIBIT A

Page 3: ADMINISTRATIVE ORDER OF THE CHIEF ...Montgomery, Saratoga, Schenectady and St Lawrence) need the flexibility and subsequent county-wide jurisdiction a CAP would provide. In order for

FOURTH JUDICIAL DISTRICT PLAN FOR CENTRALIZED VIRTUAL OFF-HOURS ARRAIGNMENT PARTS PURSUANT TO JUDICIARY LAW §212(1)(w)

April 9, 2020

I. BACKGROUND

The Fourth Judicial District is comprised of eleven counties, two of which (Warren and

Washington) are already operating Central Arraignment Parts (CAPs). Given the demographics

of the Town and Village Justices across the State, coupled with the extraordinary size of the

District (one hundred and seventy-eight separate Town and Village Courts) and the scope of the

current pandemic, the remaining nine counties (Clinton, Essex, Franklin, Fulton, Hamilton,

Montgomery, Saratoga, Schenectady and St Lawrence) need the flexibility and subsequent

county-wide jurisdiction a CAP would provide. In order for the District to guarantee the mission of

keeping the court room doors open while we lose judges to quarantine, illness or a reasonable

reluctance to expose themselves, the most efficient and effective way to ensure all essential

immediate arraignments are covered by judges and defense counsel is the issuance of a Chief

Administrative Judge Order pursuant to Judiciary Law §212(1)(w) creating a Centralized Virtual

Arraignment Part. It is respectfully requested that such an Order be promulgated with the

understanding it will expire when normal court operations resume at the conclusion of this

emergency.

II. CENTRALIZED VIRTUAL OFF-HOURS ARRAIGNMENT PART PLAN

1. HOURS OF ARRAIGNMENT AND PLAN OF COVERAGE

The Fourth Judicial District Centralized Virtual Arraignment Part (hereinafter "VAP") will

operate between the hours of 4:00 or 5:00 PM and 8:00 or 9:00 AM 1 during the week, and at all

1 In counties that have City Courts, the V AP will operate from 4:00 PM to 8:00 AM. Those counties that do not have

1

Page 4: ADMINISTRATIVE ORDER OF THE CHIEF ...Montgomery, Saratoga, Schenectady and St Lawrence) need the flexibility and subsequent county-wide jurisdiction a CAP would provide. In order for

hours on weekends and court holidays, on an "on-call" and "as-needed" basis. Judges will be

assigned by the District Administrative Judge such that there will be a Duty Judge with a Primary

and Secondary Backup each week. The VAP will be staffed by volunteer judges of each county

(a "coalition of the willing") who possess the necessary equipment, training and aptitude to

conduct remote arraignments sitting as a part of the court of geographic jurisdiction, in a rotating

fashion as described in this plan. The Public Defender of each county and/or assigned counsel

plan attorneys shall provide remote legal services for all persons arraigned utilizing the VAP, as

described below.

2. JUDICIAL STAFFING OF THE VAP

Judges will serve on a rotating schedule. They will be comprised of City, Town and

Village Judges who possess the necessary equipment and technical proficiency to conduct

remote arraignments. The District shall create a judicial schedule for each county. These

schedules will be created in consultation with the Magistrates Association. A copy of the Week 1

Schedule is attached as "Exhibit A."

The schedules, along with the phone numbers of the various justices will be transmitted

to all local law enforcement agencies, the Office of the Public Defender and/or Assigned Counsel

Plan Coordinator, and the District Attorney. Each assigned justice will also have a designated

backup and secondary backup justice in the event of unavailability.

City Courts (Essex, Franklin Hamilton & Washington) will operate their VAPs between 5:00 PM and 9:00AM. This is necessary due to the different hours of operation between our City and County Courts.

2

Page 5: ADMINISTRATIVE ORDER OF THE CHIEF ...Montgomery, Saratoga, Schenectady and St Lawrence) need the flexibility and subsequent county-wide jurisdiction a CAP would provide. In order for

3. JUDICIAL COMPENSATION

Town and Village Justices and part-time City Court Judges sitting in the VAP shall be

reimbursed by the Office of Court Administration pursuant to Part 126.3 of the Rules of the Chief

Administrator. Full-time state-paid judges shall not be reimbursed beyond their normal salary.

4. VIRTUAL ARRAIGNMENT PART FACILITY AND DESCRIPTION

At the outset of the VAP plan, the assigned judges will conduct arraignments in their own

home court (or in Warren County from the already existing standalone CAP facility), alone and

separate from any of the other parties. While assigned, they will be sitting as a part of the court

of geographic jurisdiction. The method of initiating the Skype Call will vary depending on the

arresting agency as more fully set forth in the "Arresting Agency and Transmission of Papers"

Section 7 below. Judges will be given the opportunity to conduct arraignments from other

locations (e.g. home or office) after the plan has been operating and upon consultation with the

District Technology Staff and a determination the judge possesses adequate equipment and

security measures. The arresting police agency will join the VAP Skype meeting from their

station or barracks, and defense attorneys and prosecutors may join the VAP Skype meeting

from their home, office or place of their choosing. Defense attorneys who prefer to be physically

present with their clients shall not be prohibited from doing so.

Each of the eleven County Sheriffs in the District have fully operational Skype facilities

that have been thoroughly tested with their respective Chief Clerks. Every New York State

Police station in the District has been fully equipped with the required Skype infrastructure as of

the Week of April 6th. Furthermore, the District has worked extensively with local law

enforcement agencies either via the Chief Clerks, the Supervising Judges, the Local Court

3

Page 6: ADMINISTRATIVE ORDER OF THE CHIEF ...Montgomery, Saratoga, Schenectady and St Lawrence) need the flexibility and subsequent county-wide jurisdiction a CAP would provide. In order for

Judges, the District Attorneys or Special Counsel to get the majority of the local law enforcement

agencies the necessary equipment to conduct Skype arraignments. The few remaining agencies

that do not possess the required equipment will utilize the local Sheriff's or NYSP facilities.

5. PLAN FOR REPRESENTATION

Representation in each county utilizing a VAP will be provided pursuant to the Assigned

Counsel Plan of that county utilizing the Public Defender's office and/or assigned counsel. All

principals arraigned in the VAP will be presumed indigent for purposes of arraignment. The

County Public Defender and/or administrator of the County Assigned Counsel Plan will develop a

schedule of assignments for attorneys to cover the VAP and circulate it to all law enforcement

agencies in the county.

6. INTERPRETING SERVICES

When necessary, judges will endeavor to have court-certified interpreters present via

remote appearance for arraignments of persons who do not speak English. In the event an

interpreter cannot be immediately obtained, remote interpreting services via "Languageline

Solutions" shall be utilized. This service is already in place in the two existing CAPs and is

widely utilized by the local courts throughout the District.

7. ARRESTING AGENCIES AND TRANSMISSION OF PAPERS

Following an arrest, the arresting agency will enter fingerprint information using the ORI

number of the court of geographic jurisdiction. The Duty Judge will be sitting virtually in a part of

the court of geographic jurisdiction. Fingerprint based rap sheets should be provided to the

judge which will then be shared with the attorneys via encrypted email as more fully set forth in

Section 8 "Judicial Training" below. In the event law enforcement does not obtain a fingerprint-

4

Page 7: ADMINISTRATIVE ORDER OF THE CHIEF ...Montgomery, Saratoga, Schenectady and St Lawrence) need the flexibility and subsequent county-wide jurisdiction a CAP would provide. In order for

based rap sheet and elects to only perform a repository or name-based search, a copy of that

information cannot be distributed to the attorneys. In those instances, the judge will allow the

defense counsel to review the material via the screen sharing function on Skype.

In addition to the rap sheet, the arresting agency shall include all necessary papers such

as accusatory instruments, supporting depositions, CPL 710.30 notices, Reports of Refusal, etc.

in the initial email or fax and then contact the on-call VAP Judge to notify him/her of the

arraignment. It will remain the judge's responsibility to contact counsel and ensure they are

present on the Skype Call. The arresting agency will email a copy of the accusatory instruments

to the judge for distribution to the parties. In addition, the arresting agency will provide defense

counsel the ability to conduct a private phone conversation with the arrested person, should the

attorney not be physically present.

The initiation and flow of the Skype Call will differ slightly based on the arresting agency

involved. Given the mobile nature of the New York State Police throughout the large District,

they understandably requested a uniform platform in each station. Given that, District

Technology Staff created a "perpetual Skype call" that is up and running twenty-four hours a day.

This will allow the NYSP Trooper to log on from any of the stations they operate out of. The VAP

Judge will thereafter send Skype invitations to the designated attorneys.

In the eleven Sheriff's Departments, the practice to date has been the Chief Clerk

initiates the Skype invitation to the arresting agency and relevant parties. A similar method will

be utilized with the local law enforcement agencies, understanding that methods may vary

depending on the individuals involved.

5

Page 8: ADMINISTRATIVE ORDER OF THE CHIEF ...Montgomery, Saratoga, Schenectady and St Lawrence) need the flexibility and subsequent county-wide jurisdiction a CAP would provide. In order for

8. JUDICIAL TRAINING

Training in the administration of the VAP shall be provided by the Supervising Judges,

District IT Staff, Chief Clerks and the Special Counsel in conjunction with the Office of Justice

Court Support. The attached "Exhibit B" document called "Remote Arraignments Using Skype"

will serve as the basis of this judicial training, together with "Exhibit C" called "Sending

Encrypted Email." Training on these items has already commenced and will be ongoing

throughout the duration of this endeavor.

9. TRANSFER OF CASES, DATA ENTRY, AND DISPOSITION REPORTING

Case files shall be transmitted from the VAP Judge to the court with trial jurisdiction who

will assume jurisdiction of the matter thereafter. Should counsel seek further redress from the

court of geographic jurisdiction in advance of the resumption of regular court operations, request

can be made to that court if it is available or to the Duty Judge of the Consolidated Supreme

Court to determine if it is an "essential" matter. Should any defendant plead guilty in the VAP,

that case will be adjourned for sentencing and transferred back to the court of geographic

jurisdiction.

Orders of protection for any Town & Village matter will be entered into WebDVS. Orders

of Protection for City Court cases shall be entered into UCMS by the Chief Clerk of the City

Court upon receipt of the case from the VAP Judge. All arraignment paperwork will be scanned

and shared either via SharePoint or email to the court the case is to be transferred to. Data

entry and CDR uploads concerning the arraignment shall be completed by the court receiving

the case when the current health crisis has ended, and normal judicial operations have resumed

unless the court is unable to enter the information remotely in advance of that time.

The District shall also require the Chief Clerks to review the list of prisoners incarcerated

6

Page 9: ADMINISTRATIVE ORDER OF THE CHIEF ...Montgomery, Saratoga, Schenectady and St Lawrence) need the flexibility and subsequent county-wide jurisdiction a CAP would provide. In order for

in the County Jail on a weekly basis as a check to ensure remanded defendant's constitutional

rights are satisfied.

10. ARRAIGNMENT RECORDING PROCEDURES

All arraignments will be electronically recorded using Liberty Recording software

together with VoiceMeeter, a program recently purchased by the District that is being installed on

the laptop computers of every VAP Judge. VoiceMeeter has been tested extensively by the

District Technology staff. It has been determined it best captures the audio from the Skype

microphone and diminishes disruptive feedback.

11. COLLECTION OF BAIL AT ARRAIGNMENT

In the event the on-call judge sets cash bail , the County Sheriff will collect the bail and

transfer the bail to the court of original jurisdiction. The on-call judge shall provide the arresting

agency with the required securing order, electronically via email. A sample of an E-Securing

Order that will be utilized and is attached as "Exhibit D."

12. PAYMENT OF FINES AND SURCHARGES

No fines or surcharges will be set by VAP Judges. In the unlikely event of a guilty plea,

the case shall be adjourned for sentencing and returned to the court of geographic jurisdiction.

13. RELEASE ON OWN RECOGNIZANCE

Defendants released on their own recognizance will be given a Notice of Adjournment

with his/her next appearance date in the court of original geographical jurisdiction.

14. ORDERS OF PROTECTION

If the on-call judge issues an order of protection, he or she shall enter it into WebDVS

immediately but no later than twenty-four hours. The duration of the Orders of Protection

7

Page 10: ADMINISTRATIVE ORDER OF THE CHIEF ...Montgomery, Saratoga, Schenectady and St Lawrence) need the flexibility and subsequent county-wide jurisdiction a CAP would provide. In order for

remains in the discretion of the arraigning judge, but it will be recommended that they be set out

six months to lend flexibility during this period of national emergency.

Ill. CONSULTATION

The plan for a centralized virtual arraignment part has been created after consultation

with various stakeholders throughout the District and has benefited from their input. The

Honorable Felix J. Catena, Administrative Judge of the Fourth Judicial District, through the

Fourth District Supervising Judges and Special Counsel have advised the leadership of

necessary stakeholders consisting of police agencies, Sheriffs, District Attorneys, local

Magistrates, Assigned Counsel Programs and Public Defenders offices. Due to the nature of the

overwhelming health crisis, no objections have been received. It is anticipated that the VAP will

be ready for commencement of operations within forty-eight hours of approval to allow for

promulgation of the appropriate schedules to law enforcement.

8

Page 11: ADMINISTRATIVE ORDER OF THE CHIEF ...Montgomery, Saratoga, Schenectady and St Lawrence) need the flexibility and subsequent county-wide jurisdiction a CAP would provide. In order for

Exhibit A

Page 12: ADMINISTRATIVE ORDER OF THE CHIEF ...Montgomery, Saratoga, Schenectady and St Lawrence) need the flexibility and subsequent county-wide jurisdiction a CAP would provide. In order for

Fourth Judicial District Virtual Arraignment Part (VAP) Duty Judges Week 1

Duty Judge

Clinton Brendon Dupree

Essex Dean Dietrich

Franklin Edwin Andrew

Fulton Dominic Arena

Hamilton Katie Smith

Montgomery Ronald Dygert

Saratoga Matthew Coseo

Schenectady Kenneth Litz

St Lawrence James Phillips

Warren Michael Muller

Washington Joseph Malvuccio

Primary Backup

James Kirby

Richard Carpenter

Kenneth Mclaughlin

Wayne McNeil

Mindy Morrison

Bruce Dye

Jeffrey McCabe

Stephen Swinton

Rosemary Philips

Eric Schwenker

Dane Clark

Secondary Backup

Gary Frenia

James O'Bryan

Lorelei Miler

John Papa

Justine Case

Dawn Thomas

Timothy Brown

Peter Scagnelli

Samuel Charleson

David Cavanagh

Richard Molea

Page 13: ADMINISTRATIVE ORDER OF THE CHIEF ...Montgomery, Saratoga, Schenectady and St Lawrence) need the flexibility and subsequent county-wide jurisdiction a CAP would provide. In order for

Exhibit B

Page 14: ADMINISTRATIVE ORDER OF THE CHIEF ...Montgomery, Saratoga, Schenectady and St Lawrence) need the flexibility and subsequent county-wide jurisdiction a CAP would provide. In order for

REMOTE ARRAIGNMENTS

REMOTE ARRAIGNMENTS USING SKYPE Update: 4/8/2020

The CAP Court laptop now allows remote video appearances using a video

telecommunications application known as "Skype". Here is what you need to do to Conduct a

Skype - Virtual Arraignment:

1. Log onto the CAP Court Laptop normally.

2. Click on the Outlook icon.

3. Log onto Outlook by using your Court Log-on Email (i.e.;[email protected]) and the

Password that you use at your Court.

4. Because the police are not coming to the CAP, the Arresting Agency will have emailed

the Criminal Charges, Supporting Deposition, etc., to your court email. Make sure you

have received the email. If not, contact the arresting agency to get copies of the

charges and supporting papers emailed to you.

5. Click on the Documents emailed by the Police to Open them.

6. You need to save the Documents so you can attach them to the Digital Log book later.

7. You will save them to "This PC"> "Documents"> "Scanned Documents".

8. With the Documents opened click on"File" then"Save As" then give a name to the

documents (i.e.; People v. Smith) then click on"This PC" then"Documents" then

"Scanned Documents" and press Save. When you go to Attachments in the Digital

Logbook, you will now see the documents saved there. [You can also manually scan the

documents, but this will take more time).

9. You will need to know who is on-call. This list will be promulgated between the District

Attorney, Public Defender, County Magistrates Association, Supervising Judge, and Special Counsel. Call or text the on-call ADA _________ ......, and on-call

Assistant P.D. _________ . You will need this information to forward the

police agency's email containing the charges, etc., to them.

10. You need to ENCRYPT the Police Agency's email with the charges to forward them to the

on-call ADA and on-call Assistant P.D. On Outlook, press Forward on the Police Agency's

email to you .

Page 15: ADMINISTRATIVE ORDER OF THE CHIEF ...Montgomery, Saratoga, Schenectady and St Lawrence) need the flexibility and subsequent county-wide jurisdiction a CAP would provide. In order for

REMOTE ARRAIGNMENTS USING SKYPE Update: 4/8/2020

File ~ r.e',p Foxit rr,F

lffiJ Ei Delete Archrve

Encrypted emails

Hon Jeffrey D Wait

~Mm,i?to:?

·-·~- l'o Ma1~:1ger

fo O Matthew Chivers: 0 Hon Gary C Hobbs : fivn MarkJ C~ruso

fb Ti,g~·.

p /i) °' ld; 1ng Spc,e,h Zoom

loom

Repo,t Message-"

;:>n: ... P.dlon

I

'') Reply At' \ • i} Fo,ward

11. Next click on "Options" then "Encrypt!!. In the Encrypt box, select "Do Not Forward."

This will prevent the Parties from inadvertently forwarding the RAP Sheet.

V T eU nl" what you-wont to die

Save- Sent Oelav Direct ltt>fr l o~ Hrt-hvery Repli&:- l o

S"bJ••• FW: Encrypted ema;ls

;_ I

Hon. Gwy C. Hobbs Glens Falls City Court Judge

l i ,, I

Supenising Judge for Town & Ylllage Justices in Warren, Washington, Essex, Clinton, Franklin and St. Lawrence Counties 42 Ridge Street Glens Falls, New York 12801 (518) 480-6365 [Work] (518) 260-1903 [Cell]

From: Hon Jeffrey D Wait [email protected]> ___ j

12. Insert the email addresses of the on-call DA and on-call Assistant Public Defender and

press Send. [A list of All Email Addresses for the ADAs and Assistant P.D's will be

provided by the DA and PD.

13. The Assistant Public Defender (APD) will need a few minutes to talk with his/her client.

After the on-call APD gets copies of the charges, s/he will call the police agency to talk by phone with the defendant.

14. Go Back into Outlook to Send an Invitation for the Virtual Arraignment on Skype. [SEE

BELOW]:

Page 16: ADMINISTRATIVE ORDER OF THE CHIEF ...Montgomery, Saratoga, Schenectady and St Lawrence) need the flexibility and subsequent county-wide jurisdiction a CAP would provide. In order for

REMOTE ARRAIGNMENTS USING SKYPE Update: 4/8/2020

15. (While you are waiting for everyone to join the Skype, start preparing your documents

like the Arraignment Record, Adjournment Notice, Parker Warning, TOP, Escort Order,

etc.).

HOW TO SEND THE INVITATIONS FOR THE SKYPE ARRAIGNMENT

1. Click "New Items" and then click "Skype Meeting" and Create New Meeting.

C ~ cgi ;;- HR - [email protected] - Outlook

Send / Receive Folder View Help Foxit PDF Q Tell rm, ,•,hat you 1tantto do

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Skype Meeting

Create a ne,•. S!;:.;pe t,1ee:ting.

The: defalllt oi:,hons 1YliJht a Uc,-., uninvited peep IE to join ycur meeting. Use meeting options tc ccntrcl acc:es>t.o :, cur meeting:;.

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Page 17: ADMINISTRATIVE ORDER OF THE CHIEF ...Montgomery, Saratoga, Schenectady and St Lawrence) need the flexibility and subsequent county-wide jurisdiction a CAP would provide. In order for

REMOTE ARRAIGNMENTS USING SKYPE Update: 4/8/2020

2. In the "Title" Box, enter a Name for the Arraignment [i.e.; People v. John Smith - 4/1/20].

File Scheduling ~slstant lilSE'rt Format Text R!'Vle.V Help (J Tell me ·,hat you Nant to do

i ~ ~ [;1 • u ,, l§j Add=.s Book .~Show As: □BUS'/

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Delete Join Sk1pe Mating Meeting Cancel l)Ren,inrler: Re-cunen.ce ➔•

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Meeting Options I Notes -1,

Actiohs Skype Meeting 1 Me·eUng Notes t..ltendees opticms Tags vo,ce

Titie Skype Test Meeting!

3. In the "Required" field, insert all of the email addresses for the arraignment. We HIGHLY

recommend that you merely COPY & PASTE all of the email addresses from the Word or

Wordperfect email list found in the Virtual Arraignment folder on the Desktop. This will ensure everyone has the invitation for the remote arraignment in the event someone is out

sick and others need to cover the part.

§] '? I V " Skype Tes1 ~tinq • Meetmg

fife ln~rt Format Te.ll"i Re~il'W Help

1Iw ~ ~ Iii 1%1 u l§j Address Book

IJelm -:, , Jom Skyp~ Meeting Meeting Cancel ci:: Che<k Names

Med:ing Option, Notes lnvitaf1on l;;:] Rl!:Sponse Options •

Actions: Skype Medlng Meeting Notes .Attl!-ncfees

(D \ou haven't ,ent this meeting Invitation yet.

T,tl• Skype Test Meeti n

s~nd Requi,ed remotcp·art)·@tert.com

9 Tell me -,.hat , ou ,ant to do

□[] 8 [JC l

· Recurrence Categ,rnze · • -I,

Options Tag,

4. Modify or Insert the Date and Time of the Arraignment to reflect the date and time that you

want everyone to join the Arraignment.

Oidate

Voice

Page 18: ADMINISTRATIVE ORDER OF THE CHIEF ...Montgomery, Saratoga, Schenectady and St Lawrence) need the flexibility and subsequent county-wide jurisdiction a CAP would provide. In order for

File

i rn

Action,

REMOTE ARRAIGNMENTS USING SKYPE Update: 4/8/2020

Scheduling Assistant Insert FoFmat Text Help

~ r=~:-; • u ~ !i.ddreS'.. Boor. ~Show As

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End lim~ Mon3.~ 0 t...fake Rec\Jrring ~------- ----

5. Click the "Send" Button. The Skype Invitation is now sent.

lg) '9 ' i " Skype Test Meeting • Mtttirlg

1 FHe Scheduling Msistant Insert Format Te,;t Help 9 Tell me hhat you ,,ant to do

i rn ®- F':; • u ~ Address Book ~~hon As. □Busy ... -:J P5 Ch~ck Name,

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, J '-.; = t~l::&1:21ll <... ......... ............ ..• ... , ~' - ---

HOW YOU JOIN THE REMOTE ARRAIGNMENT

1. In the "Outlook" application, go to the CALENDAR.

2. In the Calendar select the today's date.

3. Click on the Skype Invitation on the Calendar.

4. Click the "Join Skype Meeting".

10i Dldate

Voice

0 Dictate

\IOfU::

Page 19: ADMINISTRATIVE ORDER OF THE CHIEF ...Montgomery, Saratoga, Schenectady and St Lawrence) need the flexibility and subsequent county-wide jurisdiction a CAP would provide. In order for

REMOTE ARRAIGNMENTS USING SKYPE Update: 4/8/2020

5. Once in the meeting, click on the "Camera" button, and then select "Start My Video". Make sure

that your "Microphone" button is turned on and is not muted.

6. Turn on your Liberty System is recording when everyone has joined.

7. Start the Arraignment.

8. Judge asks the Attorneys and Defendant to identify themself to make sure everyone can be heard. (If there is a problem, the person can disconnect and rejoin). Ask everyone to speak clearly and

not interrupt each other to allow for a clear record. You may want attorneys & police to mute their microphones while not talking. The microphone is muted by simply clicking on the picture of the

microphone.

9. Ask if People, Defense Counsel and Defendant have copies of the charges and supporting documents. Ask if Defense Counsel has had sufficient time to talk to his/her client and if they consent to

the Virtual Arraignment. Conduct the Arraignment. [If the defendant wants to talk to his attorney during the arraignment, stop the arraignment- but leave the Skype& Liberty Recording going - the defendant will be escorted to a private phone away from the Skype to talk with the attorney].

10. Prepare & Scan any prepared orders or notices [TOP, Securing Order, RUS Order, Refusal

Suspension, Adjournment Notice, Parker, etc.] .

11. Email copies of the orders and notices to the arresting police agency for the defendant to have. If the defendant's signature is necessary [i.e.; TOP or Parker, etc.], have the police email the signed copy back to you.

Page 20: ADMINISTRATIVE ORDER OF THE CHIEF ...Montgomery, Saratoga, Schenectady and St Lawrence) need the flexibility and subsequent county-wide jurisdiction a CAP would provide. In order for

REMOTE ARRAIGNMENTS USING SKYPE Update: 4/8/2020

12. When the Arraignment is Done, Stop the Sykpe by Clicking the "X"box in the top right

corner to sign-off.

13. Complete any documents that were not finished (i.e.; the Record of Arraignment).

14. Attach copies of the charges, arraignment record, adjournment notice, orders, and a copy

of the Liberty Recording and email them to the respective court of geographic jurisdiction or utilize SharePoint to send.

15. Input Order of Protection into WebDVS.

Page 21: ADMINISTRATIVE ORDER OF THE CHIEF ...Montgomery, Saratoga, Schenectady and St Lawrence) need the flexibility and subsequent county-wide jurisdiction a CAP would provide. In order for

Exhibit C

Page 22: ADMINISTRATIVE ORDER OF THE CHIEF ...Montgomery, Saratoga, Schenectady and St Lawrence) need the flexibility and subsequent county-wide jurisdiction a CAP would provide. In order for

SENDING ENCRYPTED EMAIL

Revised : 4/5/2020

There are a few things you need to understand before you begin applying encryption to email

and file attachments.

First and foremost, there is a difference between encrypting email, encrypting attachments,

limiting what the receiver can do with an attachment once received and encrypting the

connection between the sender and receiver.

The easiest to discuss is the connection between the sender and receiver. Email

communication is always encrypted when sending internally in the Court System. The same

holds true when sending email outside our organization to "trusted" email services such as

Google, Yahoo, and Microsoft. For unknown email services, Microsoft always attempts to

negotiate a secure connection prior to sending an email, however if a secure connection cannot

be negotiated between the two services the email will be sent unencrypted.

Because the communication cannot be guaranteed to be secure it's important to encrypt email

that includes sensitive information in the body, subject, or when adding attachments.

Encrypting an email within Outlook is an easy process and can be done within a couple of clicks.

It's important to understand that not all attachments support encryption. Files such as PDFs,

Word, Excel, and PowerPoint all support encryption natively within Outlook. WordPerfect files

are not natively supported.

Attachments such as rap sheets need an additional layer of protection known as "IRM"

Information Rights Management. IRM allows the sender to restrict what can be done with a file

attachment after the receiver receives it. This allows the sender to restrict certain features

such as printing or forwarding attachments. IRM also restricts who can access the attachment

by requiring authorization prior to opening. Microsoft however only supports IRM policies on

Word, Excel, PowerPoint, lnfoPath, and XPS documents. It does not support IRM on PDFs or

WordPerfect files.

Note: Rap sheets normally come to us in a PDF format and will need to be converted to Word.

Page 23: ADMINISTRATIVE ORDER OF THE CHIEF ...Montgomery, Saratoga, Schenectady and St Lawrence) need the flexibility and subsequent county-wide jurisdiction a CAP would provide. In order for

Converting a PDF document to a Word document

1.

2.

Open the PDF, (If opening from Outlook, make sure to open and not preview.) Ii ~ ':3 t:i -I!:,. • Oul:look- Prgfie Setup.pdf - Fon Phantom>OF ~~ c:, GI ~

-

1· . HOme , Convert Edi: Organize Corrment View Form Protect Share Acc6Sbllty He~ Tutonal Q Tel • •

Jill li, ~ 0. [,) TI L~ B /s V . 'o• Hand Select i-.. View Edit Corrrnent Page Convert PDF

Sign • 1. 1 oroamzatiOn • Tools

How-to create an Outlook Profile. Re.~sed: 4/01/2014

[j lnfom'ta tion An OUllook profile is a requirement to Joe into Olltlook and needs to be comp!tted on "'""'I computer you use. Settin& up your prOfileonlynttds to be doM onc•per comr,uter. Jryoureaivta n<Wa>mP'Jltf or havt not~ a COffll)Uter previously, you 1'111 ntt<Sto creato an Outlool< profile.

JmrtnlrtiOP$ 1. l.oiin into tl>e CDmj)'Jttr as you normally would.

2. CHdt on the -Start button".

3. pick within -S..,ch 1><oerams and files".

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Click on "File",

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Protect

How-to cl'eate an Outlook Profile. Revised: 4/01/2014

Cl Jnformatjon

c::, @:I

Ari Outlook profile is a requirement to lei into Outlook and needs to be complettd on everv computer you use. Settin& up your profile only needs to be done once per computer. JI you receive a new computer or have not used a computer prrviously, you will nttd to create an Outlook profile. _, Jnstmctjons

1. lo&in into the computer M you normally would.

2. elicit on the -Start. button•.

3. _Oiekwitllln"Searehprocramsandflles". ______ _

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Page 24: ADMINISTRATIVE ORDER OF THE CHIEF ...Montgomery, Saratoga, Schenectady and St Lawrence) need the flexibility and subsequent county-wide jurisdiction a CAP would provide. In order for

3. Click on "Export",

outlook. Prorie Setup.pdf - Foxit Phantorn>OF El

----------- - Tutonal Q Tel t •1

Open (9 Recent Documents

~ Computer

(9 Recent Docun

Local

fn"r OUtbok- Profie SE l&J C: ,. Users ., dschwa1

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fn", AV conferendng s l.i&J V: ,. Data ,. Oocume

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r;;"'t testl23.pdf l.i&J C: ,. Users ,. dschwa1

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4. Click on "To MS Office", c; Out.look· ProNe Setl.Jp,pdf • Foxit PhantomPDF

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O~lt< Export <mn

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S;-1t;Af

Reduce Ffe s~e I ~ To MS Office

OllttTi!e Scanned PDF [~ To HTML

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Page 25: ADMINISTRATIVE ORDER OF THE CHIEF ...Montgomery, Saratoga, Schenectady and St Lawrence) need the flexibility and subsequent county-wide jurisdiction a CAP would provide. In order for

5.

6.

Outlook • Profie Setup.pdf. Foxt Phantom>OF 13 EI

liome Convert Edt Otqanlle Cormieot View Form Protect Share Accessbky Hel, :uto~ Tel_'!!;; _w_h•_t_y_ou_· _, ---•-Fr1!._ ~ k ___ _

Click on "Save As", I I

Export [~ Tolmage

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rm To HTML

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[."'; Word

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Save AS

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El Use thl1 Xi·T~ $::i'erJCi<~-2~t 2003 Ootur· er.: fo•~at

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Page 26: ADMINISTRATIVE ORDER OF THE CHIEF ...Montgomery, Saratoga, Schenectady and St Lawrence) need the flexibility and subsequent county-wide jurisdiction a CAP would provide. In order for

7. Save the document to a network drive or another secure location. If a network drive is

unavailable, I recommend the desktop but do not forgot to delete the document after

it's been sent.

8. Click on "Save".

c; SaveAs X

> This PC • Desktop > New folder

Organize • New folder

6 OneOrive • U• ,t "' t\:i!!me

• Desktop ,t

..... Downloads ~ •

~ This PC ,t

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> :JI 30 Objects

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> &) Documents:

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File namr, ( Outlook: Profile Setup.docx ___ _

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L Settings. ..

A Hide Folders

v ~ Search 1,1..,.. folder p

Date modified T,pe Siz

No :•em" match JOU:' 1urch,

0 Viffi Re,ult

Save

Page 27: ADMINISTRATIVE ORDER OF THE CHIEF ...Montgomery, Saratoga, Schenectady and St Lawrence) need the flexibility and subsequent county-wide jurisdiction a CAP would provide. In order for

Sending an Encrypted Email using Outlook

1. Open Outlook,

2. Start a new email message,

New Email

3. Click on "Options" in the ribbon,

fp I A A •- A I (8j P3 ;-□ [C)

aste B r !d ;{) A 4 - ---- - - . = --- Address Check Book Names

Attach Attach Signature l File v Item v !

~ fb Follc

El I Higr Assign ·

Policy v -1., low

4.

Clipboard Ii

Send

Basic Text

r··--· . ~~ dschwart~nycourts.gov

To

Cc

r Bee

Subject

Click the "Encrypt" button,

Names Include

File Message Insert Options Format Text Review Help Foxit PDF

~Colors" §J ~ 8 (;.1~, D Request a Delivery Receipt ;: l:6]Fontsv

emes Bee Encrypt ' Use Voting D . Iii Effects V 8

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Themes I Show fields , Enc,ypt Tracking

[email protected]

Cc

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Tags

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Page 28: ADMINISTRATIVE ORDER OF THE CHIEF ...Montgomery, Saratoga, Schenectady and St Lawrence) need the flexibility and subsequent county-wide jurisdiction a CAP would provide. In order for

5. Select "Do Not Forward",

File Message Insert

A a..colors" ~ ~•• [&]Fonts" emes

V II] Effects "' '~ Themes

Options

~~ Bee From

Show Fields

Format Text Review Help Foxit PDF

8 Enc,ypt

.,

!3,!~I O Request a Delivery Receipt

UBse Voting O Request a Read Receipt uttons.,

Set permission on this item

(J Tell rr

SaveSent D Item To" De

More C

Ii' Do Not Forward • Recipients can read this messai; \V Enc intent. The conversation owner h,

Permission granted by: dschwart@nycourts .gov ---------------

17 Do Not Forward 1 From v J dschwart@nycou

Send To l UCS • Confidential View Only

r Cc

Bee l _J

6. Finish the email as you normal would by filling out the subject, body, and adding any

attachments.

Page 29: ADMINISTRATIVE ORDER OF THE CHIEF ...Montgomery, Saratoga, Schenectady and St Lawrence) need the flexibility and subsequent county-wide jurisdiction a CAP would provide. In order for

Exhibit D

Page 30: ADMINISTRATIVE ORDER OF THE CHIEF ...Montgomery, Saratoga, Schenectady and St Lawrence) need the flexibility and subsequent county-wide jurisdiction a CAP would provide. In order for

STATE OF NEW YORK:: COUNTY OF _____ _ UCS-S14 (rev. 12/23/19)

TOWN/VILLAGE/CITY OF _____ ____ _ _ _ ________ ___ COURT

The People of the State of New York

vs.

Securing order Arraigned For: ________ _

Docket/Case Number:

AKA(s): ________________ _ CJTN:

Address: NYSID:

Sex: ____ _ Race: ____ _ DOB: _____ _ EYO: □Yes O No YO: □Yes □No

The above-named defendant is charged with the following offense(s):

Charge(S, Charge !Charge Description No. of Incident Date Weight Counts

Pursuant to CPL §510.10(1), the Court has determined on the basis of available information the least restrictive kind and degree of

control or restriction that is necessary to secure the defendant's return to court when required, and the Court, if not placed upon

the record or in addition to the record, hereby explains its choice of securing order as follows:

It is hereby ORDERED that the defendant is (check one):

D Released on recognizance.

Released with non-monetary conditions as follows (check all that apply}:

D Contact with pre-trial services as follows:

D Placement in pre-trial supervision as follows:

D Travel restrictions as follows:

D Refrain from possessing a firearm, destructive device or dangerous weapon

D Electronic monitoring under the supervision of ___________ for a period of __ days as follows:

D Other conditions:

Page 1 of2

Page 31: ADMINISTRATIVE ORDER OF THE CHIEF ...Montgomery, Saratoga, Schenectady and St Lawrence) need the flexibility and subsequent county-wide jurisdiction a CAP would provide. In order for

Committed to the custody of ______________ until bail is posted as follows (select at least 3 types):

[Juvenile Offender] to be lodged in a place certified by the Office of Children and Family Services as a juvenile detention facility for the reception of children, being a Juvenile Offender at the time the crime was allegedly committed

[Adolescent Offender] to be lodged in a place certified by the Office of Children and Family Services and the State Commission on Corrections as a specialized secure juvenile detention facility for older youth, being an Adolescent Offender at the time the crime was allegedly committed

D {check if applicable} Although the Court would not or could not otherwise require bail or remand, the Court has set nominal bail pursuant to CPL §510.10(5) upon the defendant's voluntary request.

D $. _ ______ Cash,or

D $ Credit Card or similar device, or

D $ Insurance Company Bail Bond, or

D $ Secured Appearance Bond (Form CRC 3292), or

D $ Partially Secured Appearance Bond with a __ % deposit (Form CRC 3293), or

D $ Unsecured Appearance Bond (Form CRC 3294), or

D $ Secured Surety Bond (Form CRC 3292), or

D $ Partially Secured Surety Bond with a __ % deposit (For~ CRC 3293), o] NOTE: A partially secured □ and/or unsecured surety

$ Unsecured Surety Bond (Form CRC 3294). . bond must be selected.

NOTE: Surety or appearance bonds must be submitted to the court using the applicable form as indicated above and require approval by the court be/are the defendant may be released from custody.

Committed to the custody of ______________ and remanded without bail.

[Juvenile Offender] to be lodged in a place certified by the Office of Children and Family Services as a juvenile detention facility for the reception of children, being a Juvenile Offender at the time the crime was allegedly committed

[Adolescent Offender] to be lodged in a place certified by the Office of Children and Family Services and the State Commission on Corrections as a specialized secure juvenile detention facility for older youth, being an Adolescent Offender at the time the crime was allegedly committed

D (check if applicable) Although the Court would not or could not otherwise require bail or remand, the Court has set nominal bail pursuant to CPL §510.10(5) upon the defendant's voluntary request.

AND it is further, ORDERED that the defendant's future attendance is required before this Court as follows:

Court Name:

Address:

City, State, Zip:

Date/Time: at AM PM

Part/Floor/Room:

Before Judge:

For the purpose of:

TAKE NOTICE that:

• a defendant released on recognizance, or under non-monetary conditions, or after posting bail must appear in court as directed, must not commit a crime, must obey conditions of release, if any, and shall be subject to consequences set forth on the record for violation of release conditions, including but not limited to revoking the current securing order and imposing a more restrictive securing order.

• a defendant committed to custody shall be produced by the custodial authority as directed, and upon release from custody, the custodial authority shall advise the defendant of the obligation to appear in court on the next scheduled court date as directed by the court.

Dated: 04/08/20

Hon. _______________ _ Justice/Judge

Page 2 of2