Criminal Procedure

Some defendants wait 5 years or longer for trial in backlogged California county's courts

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Some say a growing backlog of criminal prosecutions in Stanislaus County, California, is due to an increasing number of complex cases. Others blame a district attorney who is said to be reluctant to plea-bargain and a relatively new “direct calendaring” system of assigning cases to judges instead of having different judges handle different phases.

The recent arrest of prominent defense attorney Frank Carson on suspicion of participating in a murder conspiracy didn’t help either. He reportedly has 71 cases pending in the county.

But, whatever the reason, there’s no question that the wheels of justice grind slowly, reports the Modesto Bee in a lengthy article about the criminal court system there. Defendants in 18 cases have been waiting five years or more for trial, potentially compromising the administration of justice as witnesses’ memories fade and prosecutions lose steam.

Terry Withrow, who chairs the county’s board of supervisors, says no single issue is causing the backlog. He says that the solution lies in cooperation between the different factions involved.

“There is a lot of finger-pointing,” he told the newspaper. “Everyone blames inefficiencies on the other side. In my mind, everyone has a finger in this thing. There is not one person or one side of the argument to blame; everyone’s got a piece of the action.”

Related coverage:

ABAJournal.com: “Lawyer arrested in alleged murder plot wants to represent client going to trial this week”

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