The order, signed by Chief Justice Roy Moore, was the result a $2.7 million shortfall in the court system's budget.The order will force a delay in the Bobby Frank Cherry murder trial in Birmingham. According to Circuit Judge Joel Laird, it won't affect Calhoun County's own high-profile legal battle - the Monsanto PCB trial.
Nevertheless, local officials say the slashed criminal calendar will certainly result in an accumulation of cases, swelling dockets and challenge an already overburdened county jail. But exactly to what degree it will strain the local justice system remains to be seen.
"There's obviously going to be some backlog," said Circuit Clerk Ted Hooks. "We don't know how bad it's going to be."
What is clear is that, from defense attorneys to jailers, those with a role in the system are being left to work creatively to mitigate delays and use what little jury time is available as efficiently as possible.
The county commission has been asked to fund grand jury sessions until October. Commission Chairman Lea Fite said he is not sure how much that will cost, but he said he is confident the county coffers can handle it.
Judges, too, will have to adapt.
With civil actions suspended, the three circuit judges will devote their attention to criminal cases. As a result, Laird said, just one criminal week will be lost.
But, Laird added, during the two trial weeks this summer, each judge will have to get through 200 to 300 cases. During a typical week, a judge will process 65 to 75 cases.
"We're going to need better time management, creative ways of sentencing - creative resolutions," Laird said.
Some observers predicted settling cases won't be easy without the threat of a trial looming for the accused.
"Threat of a jury trial leads defendants to plead guilty because they're afraid of what the jury will do to them," said Sheriff Larry Amerson.
But not every defendant is guilty. Defense attorney Bill Broome said a backed-up court system will harm some innocent people left sitting in crowded jails.
"Some cases just can't be settled," Broome said. "We've got a good D.A. and staff, and they represent the victims well. There are murder cases that can't be settled. Capital murder cases that have to be tried."
Broome said such fiscal crises won't be averted unless the state constitution is reformed and a more equitable tax system is created to foot the bill for the operation of the state and its courts.
"The lawyers don't get hurt, the judges don't get hurt," Broome said. "It's the people that get hurt."
