Sunday, January 17, 2010

The Sixth Amendment

The right to a speedy trial by jury is not enforced in Peoria County. The accused sit for hours each time they are notified to appear only to be told that a new trial date will be set. They appear on the new date, sit for hours waiting only to be told that a new date will need to be set, this time because the officer is "on vacation" or the court is too back-logged. For the innocent who work, it reaches a point where they can't miss any more work so they are basically forced to plead guilty and pay the fine. For others, guilty or not, and have the time to come and sit and wait, some cases will eventually be dismissed.

Or, once these defendants become truly "smart" a few will move (and appeal if the motion is denied) to have the case dismissed due to the dilatory conduct of of the prosecutor and the court in denying a speedy trial.

I have talked to Judge Jim Shadid about this problem. Seems to be no answer as so many judges are elected and mostly answerable to none except the electorate, who, at voting time, know little about the judges for who they vote.

During these long waits, no reading material can be brought in the waiting room. So people sit ant stare. Doesn't seem right to me.

As a County Board member, board members have no control over the judges. I do not know the answer.

Perhaps a reader does.

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