Snow Day and Right to a Speedy Trial in Metropolitan Court in Albuquerque
HOW DO SNOW DAYS AFFECT ONE’S RIGHT TO A SPEEDY TRIAL IN BERNALILLO COUNTY, ALBUQUERQUE?
The image hanging above like Mistletoe is a picture of Second Judicial District and Metropolitan Court Houses on a beautiful snow day in Albuquerque – minus the snow. Although both Courts are closed due to snow covering Albuquerque, I certainly wouldn’t advise anyone to attempt creating a snow angel in the Downtown area anytime soon.
SPEEDY TRIAL RIGHTS AND 182 RULE IN BERNALILLO COUNTY
Earlier in my blog I wrote about one’s right to a speedy trial in the Metropolitan Court and the 182 day rule that generally requires the state to bring one’s case to trial within 182 days from the date of arraignment. Because of the Court’s closure the cases docketed for today will be continued to a later date, generally within a few weeks from the original hearing date. Because of this fact, today’s closure raises an interesting issue for cases that were scheduled for today but will now surpass the 182 days due to the Court’s closure.
WHEN IS AN ALBUQUERQUE CASE IN METRO COURT DISMISSED FOR SPEEDY TRIAL ISSUES?
Generally one’s case — in Metropolitan Court — is dismissed with prejudice if the state fails to bring the case within 182 days from the date of arraignment. Unfortunately, according to Rule 7-506, on snow days similar to today, the Court may extend the 182 day rule by 30 days citing “exceptional circumstances” that are beyond the state’s control, providing the state with an additional 30 days to bring one’s case to trial. Because snow days are considered a circumstance beyond the control of the state, the state may add 30 days to the 182 day rule without violating one’s Sixth Amendment right to a speedy trial.
