People v. Superior Court (Alexander)

Introduction

This writ proceeding, initiated by the People, was triggered by the trial court’s dismissal of a pending criminal prosecution for failure to bring the defendant to trial within the period mandated by Penal Code section 1382. This cause, therefore, requires us to determine the legality of the case management policy which led to the dismissal order. We conclude that the trial court’s policy contravenes existing law; however, because of the manner in which the trial court proceeded, we are compelled to uphold the dismissal order of the underlying criminal action.

*1123 Factual and Procedural Background

The South District of the Los Angeles Superior Court, the court in which the present proceeding arose, is composed of separate courtrooms, designated as departments. Criminal cases are handled as follows. The case is initially calendared in a particular department for the defendant’s arraignment upon the information. If the office of the public defender is appointed to represent the accused, the case is assigned to the deputy who handles cases arising out of that court. That court is known, in the local legal vernacular, as the deputy public defender’s “home…

Concurring and Dissenting. — I concur in this opinion except as to the views expressed in footnote 8. I cannot endorse relieving court congestion at the expense of defendant’s speedy trial rights. In my view providing adequate attorneys and facilities to try the cases brought by the state is still the state’s responsibility. The Johnson alternatives of in propria persona representation or last minute substitution of counsel leave much to be desired but the answer is not to tell the defendant to stand in line. (People v. Johnson (1980) 26 Cal.3d 557 [ 162 Cal.Rptr. 431 , 606 P.2d 738 , 16 A.L.R.4th 1255 ].)

On February 23, 1995, the opinion was modified to read as printed above. Respondent’s petition for review by the Supreme Court was denied April 13, 1995.

Michael P. Judge, Public Defender, Eugene Hall and John Hamilton Scott, Deputy Public Defenders, for Real Party in Interest.

OPINION

VOGEL (C.S.), J. —

This writ proceeding, initiated by the People, was triggered by the trial court's dismissal of a pending criminal prosecution for failure to bring the defendant to trial within the period mandated by Penal Code section 1382. This cause, therefore, requires us to determine the legality of the case management policy which led to the dismissal order. We conclude that the trial court's policy contravenes existing law; however, because of the manner in which the trial court proceeded, we are compelled to uphold the dismissal order of the underlying criminal action.

The South District of the Los Angeles Superior Court, the court in which the present proceeding arose, is composed of separate courtrooms, designated as departments. Criminal cases are handled as follows. The case is initially calendared in a particular department for the defendant's arraignment upon the information. If the office of the public defender is appointed to represent the accused, the case is assigned to the deputy who handles cases arising out of that court.…