It
takes time to defend people properly, said Joseph St. Louis, president
of the group.
"The
perception is that these are real simple cases that can be plowed
through the meat grinder to get done, but that's not the case,"
St. Louis said .
McGregor
ordered all the presiding judges to develop a plan by Wednesday
to ensure that DUI cases are resolved within the six-month time
frame. They must also submit monthly reports on their DUI caseloads,
starting July 1.
McGregor
also changed some procedural rules. For example, pretrial conferences
have to be held within 30 days of a defendant's arraignment, and
the defendant has to attend the hearing. McGregor's committee
found that defendants frequently don't attend pretrial hearings,
making plea agreements harder to negotiate.
In
addition, McGregor said any attorney unavailable for a hearing
must make sure another attorney stands in.
If
a prosecutor asks for a case to be dismissed on the day of the
trial, judges have the option of dismissing the case "with
prejudice," meaning it can't be re-filed.
If
the case is dismissed "without prejudice," the judge
can limit how much evidence the prosecutor may present and who
the prosecutor can call as a witness during any future trial.
Judge
James Angiulo, presiding judge of Pima County Justice Court, said
local justices of the peace took steps to expedite their caseloads
before McGregor stepped in.
They
used to have "floating calendars," with hearings and
trials presided over by whomever was available.
Since
no one judge was monitoring cases, lawyers found postponements
"easy to come by," said Lisa Royal, Justice Court administrator.
Now,
however, each justice is assigned specific cases. Since they are
in charge of scheduling and presiding over every hearing, delays
have been reduced drastically, Angiulo said.
"If
there's a higher level of accountability, presumably we'll have
a higher level of efficiency," he said.
Since
last spring, the number of pending criminal traffic cases has
been reduced by 50 percent, Angiulo said.
St.
Louis recently had a disagreement with Angiulo that could be a
portent of things to come.
St.
Louis said one of his trials took longer than he anticipated and
he wasn't available to pick a jury for a DUI trial. When he asked
for a postponement, Angiulo asked his partner to select a jury
for him. His partner hadn't even read the police reports, he said.
"Picking
a jury is an art," St. Louis said. "You've got to question
prospective jurors about the issues in your case, and no one knows
a case like the attorney who has prepared it. The Sixth Amendment
doesn't just say defendants have a right to an attorney, it says
they have the right to an attorney of their choice."
Eventually,
Angiulo agreed to postpone the case, but who knows what will happen
in the future, St. Louis said.
"I'm
expecting all hell to break loose at some point," St. Louis
said. "The first time a judge tries to force a lawyer to
find someone else to handle a trial and the client doesn't want
that, there will be a team of lawyers down there fighting it,
and it won't be pleasant."
Pima
County's chief criminal deputy county attorney, David Berkman,
said prosecutors have had to fill in for each other on occasion
and it's not been a problem.
"You
don't need to know the facts of a case to pick a jury in a DUI
case," Berkman said.
Delays
are often completely out of the attorneys' hands, St. Louis said.
It
takes 45 to 60 days to get blood tests back from the state crime
lab, because it is often overwhelmed by requests, St. Louis said.
Until those tests come back, defense attorneys can't interview
chemists, investigate the lab and its equipment, or file pretrial
motions.
And
if you think blood tests translate into a slam-dunk conviction,
St. Louis said, think again.
Because
of evidence of problems with the lab, he said, he recently persuaded
three juries to acquit clients police said had blood alcohol levels
of between 0.16 and 0.273. The legal limit in Arizona is 0.08.
Also,
according to St. Louis, there is only one competent DUI defense
expert in the state, and with so many defense attorneys trying
to hire him, scheduling trials is difficult.
Berkman
said defense attorneys need to find more experts. As for blood
tests, he said, DPS officials have promised to try to get their
reports out sooner.
Berkman
dismissed the idea that defendants will suffer from an expedited
process.
"This
whole thing was set up to benefit the defendant. It's so these
cases won't be dragging on so long," Berkman said.