§3174 Judicial emergency and implementation

Summary

Allow a district court to ask the circuit’s judicial council to suspend some Speedy Trial time limits when the court’s calendar is too full and available resources are already being used well. The chief judge must get advice from the district planning group before applying. The circuit council will look at the district’s ability to handle cases, the supply of visiting judges, and suggest ways to reduce the backlog. If no reasonable fix exists, the council can grant a suspension up to one year for cases in which indictments or informations are filed during that year. During a suspension the arrest-to-indictment deadlines in section 3161(b) and the sanctions in section 3162 stay in place, but the time from indictment to trial may not be extended beyond 180 days. Trials of people held only while awaiting trial are not affected. Before July 1, 1980, a chief judge could apply to put section 3162 into full effect if the district showed one year of compliance and gave a schedule. The council must approve or return the request with reasons. Any approval must be sent to the Administrative Office Director within 10 days, and that Director must send it to Congress and the Judicial Conference within 10 days. No new suspension may be granted within six months after a prior one ends unless Congress agrees, except where a prior suspension was already in effect on the date the Speedy Trial Act Amendments Act of 1979 became law. If a suspension is urgently needed, the chief judge may order up to 30 days and must apply to the council within 10 days.