Washington Supreme Court Rules in Favor of Defendant on Speedy Trial Issue
The Washington State Supreme Court ruled in State v. Kenyon that continuing a trial date beyond the time mandated in the speedy trial rule is in violation of a defendant's 6th amendment right to a speedy trial. A defendant who is detained in jail must have a trial set within 60 days of arraignment, or within 30 days if the respondent is being charged in juvenile court. If a defendant does not have his or her trial within the rule's time limits, the court must dismiss the charges with prejudice provided that the defendant objects within 10 days after notice of trial date is mailed. Some periods of time are excluded when computing the date for trial. For instance, continuances granted by the court are excluded, as well as "unavoidable or unforeseen circumstances" such as unavailability of witnesses.
Many courts have been finding a good cause to continue trial when courtroom congestion prevents a defendant from having his or her trial on the scheduled date. Now, under State v. Kenyon, courts will no longer be able to do so. This is particularly noteworthy as most counties in Washington are experiencing budget reductions, which leads to further court delay. With fewer prosecutors to try cases and fewer judges and clerks to staff the courtrooms, courtroom congestion is becoming a greater problem throughout many counties in the state. Based on this ruling, judges may now be forced to dismiss more criminal charges due to lack of available trial dates.
