Judicial emergency declared in Arizona, could delay Jared Lee Loughner trial
TUCSON, Ariz. -- The new chief judge of the Arizona district declared a court emergency which will lengthen the amount of time allowed for bringing certain criminal cases to trial, the Los Angeles Times reported late Tuesday.
The move could delay the trial of Jared Lee Loughner, the accused shooter in the Jan. 8 rampage that killed six and left Arizona Rep. Gabrielle Giffords severely injured. One of those killed by Loughner was Arizona Chief Judge John Roll.
Loughner appeared Monday before a federal judge in Phoenix who entered a not guilty plea on his behalf. He has been charged with the attempted assassination of Giffords and the murder of Roll and Giffords aide Gabe Zimmerman.
Arizona has the third-highest caseload in the nation, due in part to a rise in the number of illegal immigration and drug smuggling cases coming to the federal court, a backlog that was exacerbated by the murder of Roll.
Roll had been campaigning for a court emergency declaration and attended the Tucson event where the shooting took place in order to thank Giffords for backing his request.
Judge Roslyn O. Silver, who succeeded Roll, made the declaration which means the typical 70-day limit to begin a trial after charges are filed can be extended up to 180 days.
Arizona’s caseload has increased 65 percent since 2008, when the federal government expanded law enforcement efforts along the border with Mexico. In Tucson, which handles most of the federal criminal cases, three judges have an average of 1,200 cases each. That level of caseload could qualify the state for as many as five more federal judges.
Arizona has 12 permanent federal judgeships and one temporary one. Three of the posts are currently vacant, including the one left open by Roll’s murder.
The chief judge of the Ninth US Circuit Court of Appeals, which oversees the Arizona district, issued a statement expressing the need for quick action by Congress.
"The district court in Arizona urgently needs additional resources. Judicial vacancies need to be filled and new judgeships should be given strong consideration," said Chief Judge Alex Kozinski.
