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Minutes for SB57 - Committee on Judiciary
Short Title
Suspending statutory speedy trial rights until May 1, 2024, in all criminal cases filed prior to the effective date of this act and eliminating such rights in any criminal case filed on or after the effective date of this act.
Minutes Content for Thu, Feb 4, 2021
Jason Thompson presented a bill brief on SB57 explaining the bill continues to suspend the right to speedy trial during the COVID-19 pandemic until May 1, 2024. (Attachment 1)
There was discussion. The Chairperson asked the Revisor's Office to clarify the difference between statutory speed trial and constitutional speedy trial. Mr. Thompson explained that the Legislature can define details of the procedure of a speedy trial, but the constitution guarantees citizens the right to a speedy trial that cannot be altered by statute.
Adam Proffitt submitted the fiscal note for SB57. (Attachment 2)
Proponent, Oral
Steve Howe spoke in support of SB57 stating that Johnson County is the biggest jurisdiction in the state. It has been put in jeopardy due to conditions beyond its control: the COVID-19 pandemic. In Johnson County much has been done to meet the need, but jury trials have been on hold because of the pandemic. It will take more than a year to catch up the backlog alone, and that does not address new cases that enter the pipeline. There is no way the backlog can be addressed in 180 days. If an answer is not found, serious offenders will walk because their trials were not held. He asks a short period of time (to May 1, 2024) to address this problem. (Attachment 3)
Mark Bennett spoke in support of SB57 stating there were three options before this bill was introduced: 1. Ask the Supreme Court to determine this timeline; 2. Keep this tied to emergency orders; 3. Deal with the statute itself. The courts need time to deal with the backlog. He stated that this bill does not suspend a constitutional right. Those rights remain. Kansas in addition to constitutional right, sets a number on the right -- 180 days. He explained that the issue now is when emergency orders end the courts will have 150-180 days to try every case in their backlog and that is not logistically possible. When those 180 day deadlines are reached, cases will be thrown out and offenders will be let go. (Attachment 4)
Brandon Jones spoke in support of SB57 stating small counties have fewer cases, but the relative work is equal to the larger counties because the judges often cover more than one county. They hear all kinds of cases, civil and criminal. There are fewer lawyers and judges to work the cases. The reality is that they cannot get their cases done within the deadlines presently set. He stated he believes this bill will give lawyers and judges the time they need to work all cases. (Attachment 5)
Jeff Easter spoke in support of SB57 stating there are a large number of persons in county jails awaiting trials and the population continues to grow with the courts shut down. He supports this bill because these people should have their day in court and they should not be released to the streets to repeat their crimes. (Attachment 6)
Greg Smith spoke in support of SB57 stating this is about justice being served; it cannot be served if people are set loose due to an arbitrary deadline. (Attachment 7)
There was discussion of the bill.
Proponent, Written
- Natalie Chalmers, Solicitor General's Office (Attachment 8)
Chairperson Warren noted the time and said the hearing would continue tomorrow for opponent conferees.
The meeting was adjourned at 11:48 AM.
