1-Year State of Emergency Declared in Ariz. Federal Courts, Allowing 6-Month Criminal Trial Delay
A one-year state of emergency has been declared in the federal courts of Arizona, following the slaying earlier this month of Chief District Judge John Roll. He was shot along with State. Rep. Gabrielle Giffords and 17 others as she was meeting with constituents in Tucson on Jan. 8.
Last used in the Southern District of New York following the Sept. 11, 2001 terrorist attacks on the World Trade Center, the rare tactic was initially employed last week by Roll’s successor, Chief District Judge Roslyn Silver, reports the Los Angeles Times.
“The need to suspend the time limits is of great urgency due to a heavy criminal caseload, a lack of adequate resources, and the tragic death of Chief Judge John Roll,” Silver said. “The declaration allows courts to take as long as 180 days to bring a defendant to trial, instead of the statutory 70-day limit.”
Silver, however, only imposed the state of emergency for 30 days. Today, the Judicial Council for the U.S. 9th Circuit Court of Appeals extended it until February 2012, apparently because it expects that three judicial vacancies, including Roll’s seat on the bench, won’t be filled until then, the newspaper says.
Among the trials that may be delayed is Jared Lee Loughner’s. He has been charged concerning the shootings of Giffords and two staffers.
Although he didn’t speak, the court entered not guilty pleas on his behalf yesterday at his arraignment in Phoenix, reports the Wall Street Journal (sub. req.).
In addition to the charges he now faces of attempted assassination and attempted murder of federal employees, he is also likely to be indicted on superseding charges that could carry the death penalty, prosecutors say. He may also face state charges.
Loughner’s lawyer, Judy Clarke, had already argued earlier this month that his case shouldn’t be tried in Arizona.
Related coverage:
ABAJournal.com: “Video Shows Chief US District Judge Roll Protecting Giffords Aide as Suspect Fired 32 Bullets”
