I'm thinking I'd get myself another attorney.
Law360 (3/26/2021, 1:30 PM EDT) -- A Kings County Supreme Court administrative judge dismissed a case Thursday on the grounds that the plaintiff's attorney refused to wear a face mask during jury selection, after the lawyer appeared in court with a Face Shield and said his cloth mask constricted his breathing.
Judge Lawrence Knipel issued a one-page handwritten order in the 2017 case, which is seeking damages for injury in a car crash, dismissing the matter "upon plaintiff counsel's refusal to proceed with jury selection while wearing a face mask." The Judge says: "There is no question that the number one safety measure seems to be wearing masks . . . Masks must be worn in all courtrooms."
Plaintiff attorney Howard Greenwald /Chopra & Nocerino LLP told the court he had begun jury selection proceedings with a face shield, but was told that he could not pick a jury unless he had the mask on." Greenwald said, "I complied with that. I attempted to do this for a couple of minutes. I had particular difficulty. Just talking to your honor right now with the mask, my nose fills. I can't breathe."
Talking to the jurors across the courtroom the previous day required Greenwald to raise his voice, he said, adding, "I became lightheaded. I had to sit down after two minutes."
Greenwald said he switched back to a face shield after lunch Wednesday, and a court officer told him he would have to put on a cloth mask or leave the building. "I don't contest the rule," Greenwald told the court. ***"I just am not physically able to comply with the rule to do my job as a lawyer."***
"This case would have been one of the first in Kings County Supreme Court, Civil Term. Citywide there were 26 jury trials scheduled, 19 civil and 7 criminal."
"The plaintiff's attorney had an issue with our mandatory requirement that everyone must wear a mask while inside a court facility," Chalfen said. "He was told repeatedly, over the period of two days, that he must comply, and was given options by the administrative judge as to how he or his firm could continue to represent his client. We are serious regarding the health and safety of all our judges, nonjudicial staff, court officers and litigants. In that vein, as the attorney was unable to comply, the judge had no other alternative than to dismiss the action."
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What was interesting to me is that the defense lawyer empathized with Greenwald and argued that the case should proceed. "I specifically practiced projecting and speaking with a mask on in my office in advance knowing that I would have to wear it," Feuerstein said. "Obviously the new normal, which is the new COVID-19 pandemic, masks are required everywhere."
Case was filed in Aug 2017 (seeking damages for a car crash). Plaintiff's attorney is 68 and has practiced law for 45 years. He requesting to try it in June. That's only 2 months away. Why bother?
Lawyers can't afford breathable equipment??
What say you? Is this abuse or . . . ? |
