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Judge warns S 178 could shift burden, add courtwork though it may speed some dismissals
Summary
Chief Superior Judge Tom Zoney told the Senate Judiciary committee S 178 would mix Massachusetts‑style timelines with Vermont Rule 48 interest‑of‑justice reviews, potentially shifting burdens and creating additional litigation over exceptions even as it could permit dismissals where prosecutors do not respond.
The Senate Judiciary committee heard testimony on S 178, a bill that would create a statutory mechanism for defendants to seek dismissal of criminal cases that have exceeded a statutory timeframe. Chief Superior Judge Tom Zoney, testifying to the committee, said the proposal borrows time‑limit concepts from Massachusetts Criminal Rule 36 but folds them into Vermont’s existing Rule 48 interest‑of‑justice framework rather than creating an automatic right to dismissal.
Zoney said existing court practice already tracks motions placed "under…
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