Senate Judiciary hears mixed views on S.1278 to speed resolution of old misdemeanors

The Senate Judiciary heard testimony on S.1278 on Jan. 7 as lawmakers considered measures to accelerate resolution of long-pending misdemeanor cases.

Kim Panos of the Department of State's Attorneys and Sheriffs told the committee the department shares concern about the backlog but does not believe the bill, as written, addresses the root causes. "We don't like having cases that are just lingering," Panos said, adding that the state already has tools to address delay, including speedy-trial practice and court rules.

The bill's sponsor and the committee chair argued that some cases — particularly nonviolent misdemeanors that have been on dockets for years — warrant a shift in presumption so the state must explain why prosecution should continue. "If there are cases lingering 4 or 5 years old, I think it's a reasonable ask to have the state explain why," the chair said.

Panos countered that under current practice defendants can move for dismissal under speedy-trial law and courts weigh established factors when deciding those motions. She said S.1278, as drafted, appears to flip the initial burden to prosecutors and would require the state to perform extensive calendaring and written responses when a time threshold is reached. "This bill is currently written, displacing the burden entirely on the state," Panos said, warning the change could create extra motion practice and additional hearings that ultimately worsen backlog.

Lawmakers asked whether the bill could be amended to better target problem cases or to provide automatic relief in narrowly defined circumstances. Senator Bruce suggested possibilities such as class dismissals for cases that meet clear criteria and asked prosecutors to collaborate on refinements.

Panos noted the judiciary already has administrative mechanisms — including a court rule referenced during testimony (Rule 48) and related Supreme Court guidance — and gave the example that a judge dismissed roughly 300 cases in Franklin County in 2021 under existing procedures. She recommended focusing on calendaring, dedicated court time, and training for defense counsel to ensure motions are filed and resolved.

The hearing did not produce a formal vote. Committee members agreed there was shared intent to reduce backlog but differed on whether statutory change or administrative reforms would be more effective. The committee indicated it would take the discussion into consideration for possible amendments and next steps on the floor.

The committee adjourned its hearing and signaled it would return the bill to floor consideration for further action.