Commonwealth v. Coleman

¶1concurring.

¶2I agree with the plurality that appellee should not be discharged under Rule 1100. I do so, however, not because the record shows a reasonable explanation for the inability to try appellee timely, but because the proceedings in this case occurred before our decision in Commonwealth v. Mayfield, 469 Pa. 214, 364 A.2d 1345 (1976).

¶3This Court is ultimately responsible for the practice, procedure and conduct of all courts in the Commonwealth. Pa.Const. art. V, § 10. Rule 1100 was designed to decrease the backlog of criminal cases in our trial courts and to provide an objective standard for protection of a defendant’s right to a speedy trial. Commonwealth v. Mayfield, supra, 469 Pa. at 217, 364 A.2d at 1347; Commonwealth v. Hamilton, 449 Pa. 297, 308, 297 A.2d 127, 133 (1972). We have recognized the need to focus the mandates of Rule 1100 upon the judiciary as well as upon the “due diligence” of the prosecution. Commonwealth v. Mayfield, supra, 469 Pa. at 222, 364 A.2d at 1349. Recognizing that “[t]he calendaring of cases lies ultimately within the power and responsibility of the trial court,” Commonwealth v. Mayfield, supra, 469 Pa. at 218, 364 A.2d at 1347, we stated that “a mandatory time requirement will act as a stimulant to those entrusted with the responsibility of managing court calendars.” Commonwealth v. Hamilton, supra, 449 Pa. at 308, 297 A.2d at 133. The rule provided a transition period to allow the court system to make any modifications necessary to comply with Rule 1100.*

¶4*412We decided Mayfieldwell after the time provided for necessary judicial adjustments under the rule had elapsed. Accordingly, we there said:

“Henceforth, the trial court may grant an extension under rule 1100(c) only upon a record showing: (1) the ‘due diligence’ of the prosecution, and (2) certification that trial is scheduled for the earliest date consistent with the court’s business; provided that if the delay is due to the court’s inability to try the defendant within the prescribed period, the record must also show the causes of the court delay and the reasons why the delay cannot be avoided.”

¶5469 Pa. at 222, 364 A.2d at 1349. Because the rule announced in Mayfieldwas intended to further the requirement that “trial courts, as well as counsel for defense and prosecution, . . . exercise the highest standards for professional responsibility in order to implement rule 1100’s mission of speedy trials,” id., it follows that the reasons given by the trial courts must establish that compliance with the rule was impossible and not merely inconvenient or outside the regular scheduling procedure. Indeed, as the comment to the rule reflects, pre-Mayfield scheduling procedures such as those here employed may well have contributed to the “backlog of cases” preventing speedy trials. See note *.

¶6The Superior Court found insufficient the reasons here given by the trial court for its inability to try appellee within the prescribed period, concluded appellee’s trial had not been scheduled for the earliest possible date and held, therefore, that the Commonwealth was not entitled to an extension pursuant to Rule 1100(c). Commonwealth v. Coleman, 241 Pa.Super. 450, 361 A.2d 870 (1976); see Commonwealth v. Shelton, 469 Pa. 8, 19, 364 A.2d 694, 699 (1976). Judge Hoffman’s opinion for the majority reasons that

*413“[i]t was the duty of the Court Administrator of Montgomery County, under the supervision of the Board of Judges, to schedule [appellee’s] trial within the period prescribed by Rule 1100. If the trial could not be scheduled within the period because of the manner in which Montgomery County provides sessions for criminal trials, it was incumbent upon Montgomery County to change its procedure. To hold otherwise would emasculate the Rule.”

¶7Commonwealth v. Coleman, supra, 241 Pa.Super. at 454, 361 A.2d at 872.

¶8The Superior Court’s reasoning is consonant with the purposes of Rule 1100. In Mayfield, this Court recognized “. . . the need to insure that trial courts exercise due diligence in implementing . . . rule 1100. We do not expect and will not permit the rule to be circumvented by unwarranted grants of extensions.” 469 Pa. at 221, 364 A.2d at 1349. The scheduling practice in Montgomery County as reflected here falls short of the standards set by Rule 1100 and this Court’s directive in Mayfield.

¶9Nonetheless, I concur in the result. The reason given by the trial court for its inability to try appellee timely may have been consistent with the standards existing before Mayfield. Had the proceedings here occurred after this Court’s decision in Mayfield, appellee’s discharge would be required.