Client May Seek Speedy Trial Without Lawyer’s Assent

A criminal defendant who is represented by counsel may assert a claim to a speedy trial pro se, even though counsel does not press the claim:

“Even excellent defense counsel may not be prepared to go to trial andmay seek a continuance, or multiple continuances, due to the press ofother business or for other perfectly proper reasons unrelated to thedefense of defendant’s case. The individual defendant, whose right to aspeedy trial is at stake, may not care about those other cases or thoseother reasons. The defendant incarcerated while awaiting trial isproperly concerned with his own need to resolve the charges againsthim. The tension between the burdens on defense counsel and thedefendant’s desire to resolve the charges quickly appears to havearisen in this case, in which defendant repeatedly sought a speedytrial, and counsel appears never to have sought to bring the case totrial or to call up the speedy trial motions or motion to dismiss forhearing.”

The Supreme Court of Missouri ordered the trial judge to immediately hold a hearing to determine whether the defendant (who has been incarcerated for 18 months) should be released. A hearing to determine the speedy trial issue must be held within seven days. If the right was violated, the case must be dismissed. If not, the trial must be held within 30 days of the hearing. (Mike Frisch)