SD28 - Report of the Commission on Speedy Trials in Criminal Cases

  • Published: 1976
  • Author: Commission on Speedy Trials in Criminal Cases
  • Enabling Authority: Senate Joint Resolution 124 (Regular Session, 1975)

Executive Summary:

With the population explosion, the rapidly growing urban centers, increased mobility of people and numerous other factors, the business of the Criminal Courts of the Commonwealth has been brisk. Out of concern for this fact, the General Assembly, at its 1975 session, adopted Senate Joint Resolution No. 124.

Pursuant to the Resolution's direction, Fred T. Gray, of Chesterfield and H. Selwyn Smith, of Manassas, members of the Senate and attorneys-at-law, were appointed to the Commission by the Committee for Privileges and Elections of the Senate. The Speaker of the House of Delegates appointed Wyatt D. Durrette, Jr., Fairfax, J. Samuel Glasscock, Suffolk, George H. Heilig, Jr., Norfolk, Alex B. McMurtie, Jr., Chesterfield, and John L. Melnick, Arlington, members of the House of Delegates and attorneys-at-law, and the Governor appointed Sam Garrison, attorney-at-law, Roanoke, Sol Goodman, Commonwealth's Attorney, Hopewell, Alex M. Harman, Jr., Justice of the Supreme Court of Virginia, Pulaski, Chandler A. Nelson, attorney-at-law, South Boston, Charles S. Russell, Judge, Circuit Court of Arlington County, John R. Snoddy, Jr., Commonwealth's Attorney, Dillwyn, and J. Randolph Tucker, Judge, Circuit Court of the City of Richmond.

Senator Gray was elected by the Commission's membership to serve as chairman.

The Division of Legislative Services provided counsel, research and secretarial assistance to the Commission.

The Commission met extensively, and also conducted public hearings in Richmond, at which time a variety of suggestions and opinions were aired. Each proposal was carefully considered by the Commission at a subsequent meeting and the Commission hereby expresses its gratitude to those persons who gave testimony or submitted material to the Commission for their expressions of interest.

At the outset of the study, it soon became apparent that Virginia is now handling the flow of criminal cases efficiently. Statistics prepared by the office of the Executive Secretary and the Supreme Court reveal that although the work load of the trial courts has more than doubled over the past decade, cases are tried with dispatch. The case load of the Supreme Court, through diligent effort of the Chief Justice and Justices, has kept pace, and the Court has been able to handle its work within a normal time framework. The Commission finds, however, that certain changes in the law and procedures should be made to ensure that the orderly flow of cases continue.