In the devastating wake of Hurricane Sandy, the federal courts in New York were closed for multiple days following the storm.  Due to the size and scope of Sandy, this is the first time since the September 11 attacks that the federal court in Manhattan has put criminal and civil cases on hold.  Chief Judge Loretta Preska issued mandates for both criminal and civil matters on October 31^st, extending deadlines in pending criminal cases and freezing all new filings in federal civil cases in the district until Monday, November 5^th.  In accordance with federal speedy trial law, a judge is able to extend the time for certain criminal filings if the clerk’s office is unavailable for filing, or for good cause.  The law also allows a judge to extend the deadline if he or she finds the “ends of justice” outweighs the defendant’s interest.  See 18 U.S.C. § 3161(h)(8)(A).

While the unprecedented storm forced the courts into the dark, this disaster gave us insight into the new ways lawyers adapt to a different type of adversary – Mother Nature.  Lawyers, especially those at our firm, were able to get things done this week at a surprising rate.  Although some may suggest that lawyers are typically well behind the curve in adopting new technologies, this week demonstrated the necessity of being connected.  New techniques on even newer devices allow for a more seamless transition when doing work outside of the office.

However, lawyers cannot solely detach from their office; much of their work is tied to the courtroom. Amidst courthouses such as the Southern District of New York courthouse in Lower Manhattan without power or phone lines in the days following the storm, it is clear that updates cannot be one-sided.  On Wednesday, October 31^st, lawyers and judges in the courthouse were forced to “get creative” by using a cell phone for a hearing.  With the opposing counsel and presiding judge sitting in a dark room with a small light bulb above head, it is clear that the court is unprepared and cannot continue as is.  The court’s electronic filing system was also, as of October 31^st, unable to receive new filings.  If another disaster hits, our court system needs updated procedures to foster productivity within the judicial system.