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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 Tue, Feb 23, 2021
Chairperson Warren welcomed everyone to the meeting and gave a summary of last week's hearing, explaining why the Judicial and Executive Branches were invited to speak.
Jason Thompson gave a brief of SB57 explaining that it proposes to suspend statutory speedy trial rights until May 1, 2024 and to eliminate statutory speedy trial rights in all cases filed after that. The House made an amendment to their version of the bill. It passed out of committee and is now waiting below the line.
There were questions for the Revisor.
Shawn Jurgensen gave a presentation on the Judicial Branch's response to the COVID-19 pandemic explaining the measures taken to protect the public and staff as well as procedures put into place to continue the operation of the justice system during this time. He explained that the Judicial Branch's plan and responses are documented on their website. Their response is tied to the infrastructure available in each county because county judicial budgets are only for personnel. They have redirected funds to secure needed hardware and software. They have also used funds from the Coronavirus Emergency Supplemental Funding Program and grants from various sources to implement services and to buy information technology support and remote technology. (Attachment 1)
Jury trials are still going on thanks to the authority given to do virtual court proceedings and to other responses. Some trials have even been held outside. Jury trials are the only significant backlog. Although only 1.13% of criminal cases go to jury trial, they are time and resource hogs.
Judge Glenn Braun spoke about the Judicial Branch's response to the COVID-19 pandemic explaining that 5657 hearings have been held since March 15 last year. They have established a priority list for trials.
- First priority: Felony trials;
- 2nd priority: Misdemeanor trials;
- 3rd priority Felony trial, on bail;
- 4th priority Misdemeanor trial, on bail; and
- 5th priority: Civil trials.
They are working with the sheriffs' departments to protect health and safety of inmates and staff. Processes for handling warrants and processing people for jail have been streamlined with an eye toward letting people await trial without being placed in jail.
Will Lawrence spoke about the Executive Branch's response to COVID-19 explaining that the Judicial Budget comes to the governor through the budget process. It has not been changed by the Governor. The plan by the Judicial Branch is a good one and it is working. Last year's (2020) SB102 gave the Chief Justice the emergency orders to address this issue. We are still in the emergency. It is very important to say we are still responding to it. We need to see deadlines as tied to the emergency. Other issues can be addressed after COVID is over.
Adam Proffitt was available for questions.
There were questions.
Senator Thompson asked if it would be possible by Thursday next week to present some "ball park" numbers that would allow the committee to know how long it might take to get trials set. Shawn Jurgensen said he would ask the judges and would have an answer..
The hearing was closed. The meeting adjourned at 12:11 PM.
