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Maybe speedy trial clock doesn?t always start at arraignment

As everyone knows, K.S.A. 22-3402 sets forth a defendant?s statutory right to a speedy trial in Kansas. The statute explicitly states that the speedy trial clock starts on the day of arraignment. However, I have recently argued that the speedy trial clock should start on the day the defendant was supposed to have his or her arraignment. Often times, a defendant waives prelim, and then is not arraigned for several weeks. However, the legislature has mandated that arraignment occur on the date prelim is waived.

K.S.A. 22-3206(3) states that when a defendant waives preliminary examination, "arraignment shall be conducted at the time originally scheduled for the preliminary examination if a judge of the district court is available." Since the defendant is appearing before a judge for the waiver of the prelim, there usually is a judge available to arraign the defendant (and when they?re in front of a magistrate judge, K.S.A. 20-302b(a) gives the district magistrate judge jurisdiction to hear felony arraignments).

Thus, the legislature intended arraignment to occur when a preliminary hearing is waived, and intended the speedy trial clock to start from there. When a defendant?s arraignment is delayed contrary to the mandatory language of K.S.A. 22-3206(3), the time between the waiver and the arraignment should be charged to the State.

Full post as published by Kansas Defenders on October 15, 2008 (boomark / email).