Slow Speedup

The U.S. Constitution guarantees every accused criminal "a speedy and public trial," but in many states the courts keep falling behind. In New York City, for example, felony defendants get indicted at a rate of 25,000 a year, while the disposition of such cases runs to only 20,000. As of last January, there was a backlog of 10,000 cases, and one quarter of those kept in jail wait more than six months before their cases are disposed of.

To end this scandal, Stanley H. Fuld, Chief Judge of the Court of Appeals, announced last April that all New York State defendants except homicide suspects must be tried within six months of their arrest; otherwise, said the judge, they may not be prosecuted at all. Moreover, any prisoners who do not get bail must be tried within 90 days or granted bail. In view of all the complications, a full year was allowed before the speedy-trial rule was to take effect*

This week the year is up. And so is the hope of bringing off a quick speedup. The preparation time seems largely to have been devoted to getting ready to get ready.

For the first six months, virtually nothing happened. Then came the inevitable reports--at least five of them. A study made for Governor Nelson Rockefeller said that New York City would need anywhere from $16,500,000 to $25,300,000 in new funds to achieve faster trials. A report to Judge Fuld said $7,000,000 was necessary for the city plus another $7,000,000 for the rest of the state. Each of the studies used different criteria; some included funds to convert existing buildings into courts, while others concentrated on just the operating budgets.

In New York City, a series of administrative reforms managed to clean up the misdemeanor cases, but as Judge Fuld's deadline neared, the felony backlog remained as high as ever. The state's alarmed district attorneys went to the legislature with a bill that would require prosecutors only to have their cases ready within six months--not to get the cases to trial in the crowded courts. The alternative, they warned, might be armies of felons being turned loose.

Last week, only a few days before the Fuld rule was to go into effect, the legislators exercised their powers over court procedure and approved what the D.A.s had requested. But a package of proposed administrative reforms--plus $3,000,000 in extra funds--was also near passage. Some of the nonmonetary changes will take four years to go into effect. Perhaps by then, New York will be ready for its slow-coming speedy-trial rule.

*There are similar rules in California, Florida, Illinois, New Mexico and the District of Columbia.

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