Public Defense

How much time is enough?

By Gideon

I’ve spent pretty much all day thinking about the “trial list” and when I’ve managed to move onto other pursuits, it comes back into focus. For those not “in the know”, a trial list is a list of cases presumed “ready” to go to trial in a given court. The exact practice differs from court to court, but the general idea is that if you’re unable to come to a resolution, the matter will be placed on the “trial list” and then you will be given a certain period of notice before jury selection starts. In some instances, this “notice” could be as short as 48 hours (or is it 24?).

I’ve been told by the Texas Tornado that they too have a similar process where they have to check in every morning for a period of two weeks or so to find out if they’re picking a jury that day.

If this seems somewhat bizarre to you, that’s because it is. Being on a 24/48/72 hour trial list isn’t much notice at all. After all, there are witnesses to be located, evidence to be marshaled and oh, that whole preparation thing. What the “trial list” also potentially does is divert attention from other cases. After all, if you’re in constant anticipation of being called into trial today, tomorrow, the next day or the day after that, how do you effectively prepare for the trial and how do you focus on other cases? It’s no secret that front line public defender offices have crushing caseloads - often carrying 20-40 cases a day. Is it right to ask lawyers to juggle all that plus the looming trial on the mystery date?

A not miniscule number of clients get charged with failure to appear because their lawyer was told on a Thursday or Friday that jury selection would begin on Monday and the lawyer couldn’t get hold of the client over the weekend.

So what’s the point of all this? Why this rush job? Why can’t trial dates be selected a few weeks or a month in advance? Why does a case have to go to trial immediately after the final offer is rejected? Does the “trial list” exist to merely serve as a threat to lawyers to try and resolve cases?

How do you deal with it? Can you really prepare in time or are you relying on your general skill and experience? Anything? Or is it not as difficult for you as it seems?

Full post as published by A Public Defender on February 16, 2009 (boomark / email).