The Arkansas Supreme Court on Thursday said policies dealing with speedy trial issues that had been instituted during the pandemic no longer apply.
A court order announced a return to the pre-COVID 19 pandemic standard for the finding of “good cause” delays. Under the pre-COVID standards, when a defendant claims a speedy trial violation, it was up to the state to show that the delay was the result of the defendant’s conduct or was otherwise justified.
Because of the pandemic, there were periods when in-person hearings or jury trials were shut down and the court ruled precautions against COVID-19 constituted good cause.
Since the pandemic is no longer an issue, the court said the burden to justify delays returns to the state to prove “good cause.”
In cases that were continued due to COVID-19 precautions that are still continuing, the “good cause” exemption still applies until the date the trial is set for or the date on which any other continuance is granted, whichever comes first.
