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By Matthew Russell Lee, Patreon
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SDNY COURTHOUSE, Dec 5 –  The Federal courthouse at 40 Foley Square still has two elevator banks out of service, including three out of four leading to the courtroom floors, leading to the shifting of cases and whole court operations of some judges to the newer courthouse next door at 500 Pearl Street.

    On December 5 Inner City Press, which reports on cases in both buildings, went to cover some cases still listed as taking place in 40 Foley. There, three of the four elevators it has used were closed and taped over with fire retardant covers. The one working elevator, Number 6, took some time to come - but up on the 15th floor, Judge Abrams was holding oral arguments in brain injury cases.

  The defendants apologized for arriving late, saying they had checked 500 Pearl Street first. Judge Abrams, the District's liaison with the press, politely acknowledged that the elevators have caused confusion.

  So how are litigants and the public, and the press, being informed? Many notices in PACER still list courtrooms the cases are not in, or no courtroom at all. So Inner City Press took the stairs to conduct and report this inventory, as of noon of December 5 in 40 Foley Square:

On the 13th floor, Judge Andrew L. Carter had up a sign, at least for December 4, moving his cases to 15A in 500 Pearl. Likewise Judge Engelmayer had a sign moving all his cases to 23A in 500 Pearl.

On the 11th floor, Judge Lorna G. Scholfield had a sign moving her conferences not across the street but to the Courtroom 110 on the first floor of 40 Foley, which can be reached without elevators. Judge Furman has moved his cases to 500 Pearl Street, Courtroom 11B (see below), as has Judge Alison Nathan from the 9th floor.

  On the 7th floor, Judge Oetken has followed Judge Schofield to 110 in 40 Foley. Judge Gardephe did not have a sign; PACER notice of a proceeding at 4:30 pm on December 5 listed his normal courtroom 705.

  Judge Broderick's courtroom on the 5th floor of 40 Foley did not have a sign; floors 4 (Judge Captroni, said to have decamped to 500 Pearl) and 6 (Judges Ramos and Failla) are not reachable by the stairs. Inner City Press will to cover and report - including for public convenience - on this story.

On December 4 before making this inventory, Inner City Press stumbled on the sentencing of a military veteran for a brokering the sale of four pounds of crystal meth. The sentencing was by U.S. District Court for the Southern District of New York Jesse M. Furman, who usually works out of the 11th floor of 40 Foley.

    But this sentencing took place, without notice, in 500 Pearl Street, in a courtroom Judge Furman shares with fellow Judge Alison J. Nathan, also in exile from 40 Foley, formally the Thurgood Marshall United States Courthouse.

 Last week a sentencing in the Tekashi 6ix9ine case started after some delay due to moving it from Judge Engelmayer's usual courtroom on the 13th floor of 40 Foley.

    Judge Engelmayer on the record told defendant Aaron Young's family member that he was sorry, the elevators has caused the delay.  

Some court staff, such as interpreters and court reporters, tell Inner City Press they like the change, as it consolidates all of their work in a single building. On the other hand, family members and supporters are for now left unclear of where the proceedings they want and need to attend are taking place.

   Judge based in the newer Daniel Patrick Moynihan United States Courthouse at 500 Pearl Street like SDNY Chief Judge Colleen McMahon and Judge John F. Keenan have lent their courtrooms to others. Second Circuit Judge Richard J. Sullivan, sitting by designation on his continuing cases like Judge Denny Chin, was already a nomad, so it appears to not have impacted him.

    For now, there is a "we're all in this together" spirit, notable about more usual complaints, from Wall Street to Turtle Bay. More on Patreon here. Inner City Press will continue on these beats. 

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