Chapter 3 - § 3.5 • OTHER SPEEDY TRIAL CONSIDERATIONS FOR THE COURT

• Jurisdiction: Colorado

§ 3.5 • OTHER SPEEDY TRIAL CONSIDERATIONS FOR THE COURT

§ 3.5.1—Recusal

In People v. Arledge, 938 P.2d 160 (Colo. 1997), the Colorado Supreme Court affirmed a dismissal of charges on speedy trial grounds. The defendant moved to recuse the judge, and the motion was denied. Just before trial, the defendant supplemented the record and the judge recused. The recused judge then obtained a speedy trial waiver over the objection of counsel. The case was re-assigned and set for a date outside the original speedy trial time period over the objection of defendant. The supreme court held that no part of the delay was attributable to the defendant, that the original trial judge was without authority to obtain a waiver once the judge had recused, and that the prosecution and/or court had a duty to find a trial judge who could hear the matter in a timely fashion, including seeking the appointment of a senior judge.

§ 3.5.2—Modification of Bond

The simple fact of granting bail to a defendant does not affect the statutory right to a speedy trial, Jaramillo v. District Court, 484 P.2d 1219 (Colo. 1971); nor does the ability or inability of that defendant to post bond and be released from custody. C.R.S. § 16-4-103(2) used to require that, if bond was increased and the defendant could not bond, the trial must be conducted within 90 days, but this requirement was eliminated from that statute on April 25, 2005.

§ 3.5.3—Practical Considerations for the Trial Court

As the burden is on the court and the prosecution to comply with the speedy trial statute, the court and prosecutor may wish to consider the following practical suggestions to minimize the potential for speedy trial problems:

• Set the trial date as early in the proceedings as possible so if the defendant moves to continue and the requested continuance necessitates resetting the trial, the period of speedy trial will be extended.
• Always address the issue of speedy trial with the defendant and defense counsel whenever a continuance is being considered, to determine whether the defendant has any objections or is

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