27.04.020 Speedy Trial.
(1) A defendant held in jail pending trial must be brought to trial no later than 90 days after the date of arraignment. A defendant released from jail, whether or not subjected to conditions of release pending trial, must be brought to trial no later than 180 days after the date of arraignment. The following extensions of time limits apply to their specific sections, despite the preceding time limits:
(A) A defendant whose release has been revoked by the Court must be brought to trial no later than 90 days following the revocation or previously scheduled trial date, whichever is sooner.
(B) When a defendant fails to appear for any hearing, the judge may vacate any future hearings on the Court calendar and the judge may issue a bench warrant. Such failure to appear constitutes a waiver of the right to a speedy trial. When the defendant next appears before the Court, the judge may either begin the speedy trial clock at zero, restart the speedy trial clock from the time the defendant failed to appear, or restart the speedy trial clock from the time the defendant returns to Court.
(a) The following periods of delay must be excluded in computing the time for the purposes of this rule:
(aa) Any period of delay resulting from other proceedings concerning the defendant, including: any examinations, to determine the mental competency or physical capacity of the defendant;
(bb) Delay resulting from transportation of any defendant from another district, or to and from places of examination or hospitalization, except that any time consumed in excess of 10 days from the date an order of removal or an order directing such transportation, and the defendant’s arrival at the destination shall be presumed to be unreasonable; and
(cc) Delay reasonably attributable to any period, not to exceed 30 days, during which any proceeding concerning the defendant is actually under advisement by the Court.
(2) The defendant is entitled to reasonable time to prepare for trial after entering a plea of not guilty.
(3) When a trial is not begun on the date set because of unavoidable or unforeseen circumstances beyond the control of the Court or the parties, the Court, even if the time for trial has expired, may extend the time within which trial must be held in increments of no more than 10 Court days for a bench trial and no more than 15 Court days for a jury trial, unless the defendant will be substantially prejudiced in their defense. The Court must state on the record or in writing the reasons for the extension.
(4) In the event that the trial judge is disqualified by affidavit or the judge disqualifies themselves the speedy trial date will be extended beyond its current expiration by 15 days.
(5) The Court may continue a trial beyond the speedy trial period as follows:
(A) Upon a waiver made on the record by the defendant or all defendants. The waiver will be effective when approved by the Court on the record or in writing.
(B) On motion of the prosecutor, the Court, or a party, the Court may continue the case when required in the administration of justice and when the defendant will not be substantially prejudiced in the presentation of the defense. The motion must be filed on or before the date set for trial or the last day of any continuance or extension granted pursuant to this rule. The Court must state on the record or in writing the reasons for the continuance. The bringing of such motion by or on behalf of any party waives that party’s objection to the requested delay.
(6) A defendant may waive their right to a speedy trial. The waiver must be made by the defendant on the record. When the defendant is absent from the hearing and the absence is excused by the Court, the defendant may authorize their counsel to enter their waiver and consent on the record. When a defendant who has waived the right to counsel is absent from the hearing and the absence is excused by the Court, the defendant’s waiver must be made before the hearing date and must be in writing and be signed by the defendant. The waiver must be to a date certain.