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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