As discussed here, last September the Supreme Court announced that many oral arguments in the Appellate Division would henceforth be livestreamed, as Supreme Court oral arguments have been since 2005.  Briefs in many appeals to be argued orally were to be posted online as well.

 

Yesterday, the Court posted a notice, available here, that these procedures are being refined in several ways.  First, the notice states that oral arguments in cases that are not public will not be livestreamed.  Those include appeals “arising from (1) cases in which trial court proceedings are closed (e.g., adoptions or terminations of parental rights, in which the doors to the courtroom are locked) and (2) agency proceedings in which the record is sealed pursuant to statute or other legal authority.”  A more detailed listing of cases encompassed within those categories is attached to the notice.

 

Relatedly, the notice observes that “[b]riefs in certain cases, including those in which the record is sealed,” have not been posted.  The notice advises that “[t]his practice will continue.”

 

The notice establishes a procedure, however, that allows “requests for access to such non-public arguments and/or briefs [to] be submitted in specific matters.”  Such requests are to be made on a new form that will be available “shortly” and will be promulgated by a separate notice. 

 

The notice then addresses a new issue, noting that “[i]ndividuals have long been able to request and obtain audio recordings of public court proceedings in the trial courts, with requests for such audio recordings submitted using a standard statewide form and directed to the applicable transcript office.”  Effective immediately, “a similar process will be followed for attorneys and members of the public to request electronic copies of audio recordings of Appellate Division oral arguments in public cases.  Such requests should be submitted to the Appellate Division transcript office” using a new form, Form CN 12604, a copy of which is attached to the notice.  This is a welcome change, as practitioners and clients have long wished to be able to obtain Appellate Division oral argument transcripts in a simple way.

 

Finally, the notice clarifies two other things about briefs in argued cases.  First, the notice reminds that briefs in recently argued cases remain accessible for 30 days after the oral argument date.  Second, the notice states that after that time, briefs in argued cases are available via a records request.  The notice contains links for all that.

 

The increased public access to Appellate Division matters that was first rolled out last September is a work in progress.  The notice issued yesterday is a positive step in that continuing effort.