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7 Crim. Just. 1 (1979-1980)

handle is hein.journals/crijust7 and id is 1 raw text is: Speedy Trials Off and Running: Dissent Remains On July 1, 1979 the stringent 100-day time limit imposed by the final phase of the Speedy Trial Act took effect. Crim- inal defendants in the federal courts must now be brought to trial within 100 days of arrest, plus certain excludable time allowed by the Act's provisions. From July 1 to August 2 the Act's dis- missal sanction for non-compliance was also operative. Although the Senate had acted in mid-June to delay the sanction for two years, the House did not act until July 31, allowing the Speedy Trial Act of 1974 to go into full operation for a month. The House endorsed Senate amendments to make application of the Act more flexible, but limited delay in the imposition of the dismissal sanction to only one year-July 1, 1980-to which the Senate promptly agreed. The American Bar Association, at the Criminal Justice Section's urging, joined the Department of Justice, the Judicial Conference of the United States and others in arguing to Congress this spring that the Act's stringent time limits should be eased. The ABA position would allow up to 240 days between ar- rest and trial. CJS will carefully monitor perfor- mance under the Act as modified by Congress, and will continue to press for additional needed amendments. The Section's Ad Hoc Speedy Trial Committee report, including a dissent- ing statement, is available from staff of- fices. Highlights Section's 1979-80 Committee Roster................. Page 3 Victim/Witness Intimidation .......... . Page 4 Richard Racehorse Haynes of Houston, Texas (left) and Gerald S. Gold of Cleveland, Ohio, field questions from a number of the 275 lawyers attending The Anatomy of a Criminal Trial. (See p. 7) ~a~m~fftI5nnf ! AW 1IDA10* Section Speaks Up Out-of-State Attorni Is an out-of-state attorney's interest in special admission to represent a defen- dant in a criminal case entitled to con- stitutional due process protection? In Leis v. Flynt (98 S. Ct. 698 (77-1618, 1/15/79)) the U.S. Supreme Court ruled that it is not. The Criminal Justice Section Council took issue with this opinion in May, and is attempting to encourage the im- plementation of that due process pro- tection through the ABA criminal justice standards. On recommendation of its Commit- tee on Defense Function and Services, the Council has proposed to the ABA Standing Committee on Association Standards for Criminal Justice that the ABA's second edition standards be amended to create a presumption in F%~l~UU~~I L11lU3 rturnu favor of special admission that can only be overcome at a due process hearing before the trial judge. The proposed amendment to stan- dard 6-3.11 (attorneys from other jurisdictions) would also make clear that the trial judge may not require that local counsel associated for the purpose of receiving papers and maintaining communications with the court also assume responsibility for the defense if the out-of-state attorney cannot or will not continue. The Standing Committee, unable to reach a consensus on the Section's recommendation by mail ballot, is cur- rently seeking input from other ABA units. The CJS report with recommen- dations is available through the Section staff offices. Copyright @ 1979 American Bar Association Produced by the ABA Press

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