Legal Aid Society
hamburger

News

Rikers Emergency Disrupting New Yorkers' Access to Due Process

A mass wave of staff absenteeism by Department of Correction employees is causing New Yorkers detained on Rikers Island to miss their court dates, as reported by the Queens Daily Eagle.

Tim Rountree, Attorney-in-Charge of The Legal Aid Society’s Queens criminal trial office said that on Tuesday at least three clients were not produced for their appearances. “It’s a tremendous problem and it’s getting worse day by day,” he said.

Missing court dates means clients haven’t been able to testify on their own behalf at hearings that may end up deciding if criminal cases against them will proceed. Even virtual appearances are being missed because there are not enough officers to bring individuals to designated teleconferencing areas.

“It’s a complete shutdown of the ability of the lawyers to communicate with clients,” said Roundtree. “There doesn’t seem to be an end in sight.”

According to The New York Times, staff members failed to report for 2,300 shifts in the month of July without providing notice. Mayor Bill de Blasio has said he will “toughen accountability for AWOL staffers,” but The Legal Aid Society has demanded that the Mayor take more immediate action to remove New Yorkers from an extraordinarily dangerous environment. At least ten people have died in Department of Correction custody already this year.

The policy is already in place for de Blasio to release a significant number of individuals to work-release, something his administration did during the COVID-19 pandemic.

“It is simply unconscionable and unworkable that significant and immediate steps to decarcerate Rikers Island and other local jails are not a fundamental part of this [the Mayor’s] plan,” said Tina Luongo, Attorney-in-Charge of Lega Aid’s Criminal Defense Practice.