CBA Record March-April 2022

YOUNG L AWYERS S EC T I ON : COME TOGE THER the motion to dismiss handy. Th is is where keeping the term calculations accurate and current is crucial. If a defense attorney arrives at a court date near the end of the term, they should be ready for the State to ask for another continuance.

court was pushed further away. Many argued that the moratorium ran afoul of the separation of powers doctrine, and that the Court overstepped its author ity. Th e right to a speedy trial was statuto rily created by the Illinois legislature, and the Illinois Constitution vested all judicial power in the Illinois Supreme Court. Ill. Const. Art. VI § 1. Th is weakens the sepa ration-of-powers argument, as the Illinois Constitution provides solid ground for our Supreme Court’s control over speedy trials. For cases originating before April 2020, an Illinois defense attorney should double check whether a demand was fi led before restrictions were imposed. When the suspension lifted on October 1, 2021, the term should have picked up from that point. Looking backwards, defense attor neys should have continued demanding through the pandemic to preserve some sort of record. Th e term calculations should include pre-restriction demands and post restriction demands. Th eoretically, the pause created by the pandemic might be beneficial because it gave the State more time to organize discovery and reach out to witnesses. Th is puts more pressure on the State to show diligence. When the time comes for that in-person date and the State is not ready,

it is wise to argue that the State should not receive extra time to obtain discovery since much of discovery is obtained digitally. Th erefore, the Illinois response to Covid should not have slowed down the discovery process by much. Final Thoughts Demanding a speedy trial can be frustrat ing. Be mindful of when to demand, as many factors may a ff ect the term of the case. Being organized and regularly com municating with the client is crucial. Stay on top of court operations by checking relevant websites for general orders. Try to raise issues and preserve the record. Jarrad Woodson, Co Cha i r o f the YLS Criminal Law Com mittee, is an Assistant Public Defense with t h e Co ok Coun t y Pub l i c De f ende r ’ s O ffi ce: Domestic Vio lence Division and has been a practicing criminal defense attorney since 2019.

Objecting is the fi rst step to getting the case dismissed for failing to proceed by the deadline. Th is is a good alternative if no written motion is ready. During the objection, pro ff ering the past court dates and the State’s failure to bring the matter to trial is good practice. Th e closer to term, the less the court is inclined to grant the State’s motion. Remember: a defense attorney must raise the issue of speedy trial prior to term, otherwise he or she forfeits the issue. Covid-Related Issues In Spring 2020, the Illinois Supreme Court issued an order suspending speedy trial terms. Ill. Sup. Ct. M.R. 30370. Th at suspension ended on October 1, 2021. Th e order pointed out that due to the pandemic, in-person matters could not be held for public safety reasons. E ff ec tively, the order tolled speedy trials. Th e Court further provided that delay was not attributed to the State or any defendant. In reality, however, that delay ultimately fell on the defendant because their day in

24 March/April 2022