NCJ Number
120262
Date Published
1989
Length
28 pages
Annotation
A committee formed in November 1988 by the Chief Justice of the North Carolina Supreme Court examined the Speedy Trial Act and laws relating to arraignment to determine whether the laws were adversely affecting the calendaring of criminal cases in superior courts.
Abstract
The committee reviewed statistical data and information on other States' laws. It concluded that the Speedy Trial Act adversely affects case calendars in that large numbers of cases are placed on trial calendars with no realistic expectation that the trial date will be met. Instead, the cases are placed on the trial calendar to establish a record of continuances and resulting exclusions of time under the Speedy Trial Act. The result has been increased paperwork for court and prosecutorial staff, increased burdens on sheriffs for serving subpoenas, and greater costs for witnesses and attorneys. Large caseloads and the limited resources of district attorneys, the lack of courtrooms and judges, and other factors account for the widespread calendaring problems. In addition, the statutory requirement that arraignments be held at the beginning of a court session results in the most productive time of the week being spent calling the arraignment calendar. Legislative changes are recommended to solve these problems. Appended tables and draft legislation.