colorado court backlog

DOWNTOWN DENVER Feds sue water company for rupture damaging Rocky Mountain National Park -- again, Family gets unexpected bill after Kaiser Permanente Colorado software error that resulted in refunds to thousands, Skygazers will have a great view Wednesday of two planets that look like they are almost touching. This material may not be published, broadcast, rewritten, or redistributed. Over the last decade, public defenders have gone from carrying an average of 72 cases at a time to 106 a 47% increase. Lawyer requests to delay due to an untenable number of trials set close together are being denied. My civil case load is backlogged. Which is kind of troublesome because you get differing levels of involvement. These delays have a real impact.. Doughertys biggest worry is that prosecutors across the state are going to struggle to meet defendants speedy trial requirements because of the steep backlog of cases. The content of this article is intended to provide a general House Bill 1309 would allow for a delay to the speedy trial process of up to three months for someone who is in pre-trial detention and up to six months for someone who is out on bond. will go as currently scheduled because no one knows what will WHEAT RIDGE, COLO. - Colorado courts will receive much needed relief to their backlog of cases as the Colorado Conflict Clinic (CCC) opens its online doors on Tuesday, June 23, 2020. believe trials will go forward, that their feet are to the fire, Officials rented metal detectors for security and even a copy machine which could only be rented by the month, although it was needed for just two days. The law would only be applicable for the next year and would extend that deadline. trials set close together are being denied. documents and it is working well. As a result, weve been able to resolve a lot more cases because were connecting with people earlier.. Courts By County. Will any of them go? Its unclear if the reduction in the jail and prison populations has affected public safety. The uncertainty is going to make the first quarter 2021 very For the May trial of accused STEM school shooter Devon Erickson, officials in the 18th Judicial District plan to rent out hotel space in order to call in 600 potential jurors without violating COVID-19 social distancing requirements. The work has continued, its just slowed down, Sarche said. The consequence for violating that deadline is dismissal of the criminal charges. I have not heard any other suggestions from anyone how else the courts can comply with the speedy trial statute., He added that judges are also willing to accept plea agreements they might not accept under normal circumstances.. Take yourself back. Colorado Newsline is part of States Newsroom, a network of news bureaus supported by grants and a coalition of donors as a 501c(3) public charity. With the backlog, litigators are uniformly trying to be efficient and have a good sense of humor. In general, we do across the district have quite a few trials that are currently set, but I cant attribute the majority of those to COVID.. POPULAR ARTICLES ON: Litigation, Mediation & Arbitration from United States. It literally could take years to get through this backlog, he said. Free, unlimited access to more than half a million articles (one-article limit removed) from the diverse perspectives of 5,000 leading law, accountancy and advisory firms, Articles tailored to your interests and optional alerts about important changes, Receive priority invitations to relevant webinars and events. docket. Statewide mandates cause delays in judicial districts On Feb. 18, 2021, Colorado Supreme Court Chief Justice Brian Boatright issued his first State of the Judiciary speech, noting that the. And I think at some point its going to end up hurting victims and jeopardizing public safety., We will use this experience to enhance our safety protocols so the community may safely continue to conduct business in El Paso Countys courthouse, Chief Judge William Bain said in a. ourt operations shut down because a court staff member tested positive for COVID-19. Colorado's courts grapple with COVID-19 trial backlog that could take years to clear Some judicial districts renting extra space, bringing back retired judges to speed pace of jury trials. We need this to enable us to match you with other users from the same organisation. She is a trial instructor as well as a frequent writer and presenter on legal issues. Across Colorado, about 14,600 jury trials have stacked up during the pandemic more than five times the 2,700 jury trials the state's courts handle in a typical year and the massive. showing up for work. Some judicial districts in less populated parts of the state are poised to bounce back by the end of the summer but the states busiest judicial districts are still facing a long road back to normalcy. As most juries contain 6 or 12 jurors, depending on the type of court, plus alternate jurors, the practice was not an easy one to implement in a court room, there's only so much space to socially distance 12 or more people, and a crowd of several dozen jurors would be nearly impossible to seat with adequate distance. Colorado's courts will face an unprecedented backlog of cases next year with reduced staff and resources because of budget cuts prompted by the coronavirus pandemic. the same day in the same week on the judge's calendar in an attorney speaks into the microphone, the clerk throws away the Denver, however, are retired people who might not be comfortable federal courts. Or, similar to Like many of Colorados jurisdictions, Boulder Countys judicial branch has been meticulously planning for the reopening of jury cases since the state shut down due to the coronavirus in mid-March. Both the buildings and courtrooms are According to Boatright, more than 14,000 jury trials were awaiting their court date as of January. In July, a handful of judicial districts, including El Paso, Arapahoe and Douglas counties, were granted variances that allowed them to resume some jury trials before Aug. 3. "used" sandwich bag and replaces it with a new one for A creative way to deal with this delay is to agree with the opposing side and move the case to arbitration. Its just slowed us down to say, What can we do in this situation, and OK, what can we do in this (other) situation, she said. The mandate requires defendants who plead not guilty to have their case heard within six months. In certain cases, citizens can have a jury trial if they choose. Prosecutors are prioritizing cases involving violent crimes or serious felonies, he said, as well as cases that have been pending for a long time. technology-enabled formats are starting to work and become more Most jury trials in Colorado were first suspended March 16 by Colorado Supreme Court Chief Justice Nathan B. Coats. At this point, I don't know if any of them anxiety for clients and increase the difficulty for lawyers in justice system's perspective are the criminal cases because Citizenship Delayed Report on Citizenship and Naturalization Backlog in Colorado . Were less likely to staff a case with two attorneys, Kellner said. The past year has continued a multi-year trend hastened by the COVID-19 pandemictoward the dramatic expansion of collaboration and short message formats in discovery. Technology issues add a layer of anxiety for clients and increase the difficulty for lawyers in preparing a witness for any hearing. State courts have been open on a limited basis, judge by judge So thats some of the difficulty, the lack of continuity throughout the state by the judiciary., Alleviating the backlog in criminal cases. Announcements. Were trying to avoid is a bunch of jury decisions being overturned on a technicality, he said. preparing a witness for any hearing. The real question in my mind is whether you can force people I think those are some lessons we can take with us after the pandemic that may actually improve the rate of appearance.. As a consequence of jury trials being suspended during the pandemic, both federal and state trial courts are contending with a backlog. We just dont know for how long.. Even with the plea bargains, McCann points out there is still a lengthy process involved, including court hearings for the deal to be put into the system and a sentence to be rendered. Shelly Bradbury is the courts reporter at the Denver Post. doors open this fall, the recent upswing of COVID-19 cases and the "The notion that there's a backlogthere's always a lot of backlog, always more than can go to jury trial. For Snyder, who oversees about 70 court staff in Pueblo, dealing with the pandemic for a year showed her that the backlogs challenges must be tackled one day at a time. Id like to believe that weve taken every step possible to eliminate that risk, but when it comes to the coronavirus, I dont think anybody could say that theyre 100% foolproof., Balancing speedy trial rights with public health concerns. That ship has sailed, she said. Mesa County typically holds about 75 felony jury trials a year, he said, and last year conducted only one. One trial I had reset is now the fourth trial set for the same day in the same week on the judges calendar in February. COVID disproportionately impacts the poor and people of color, she said. Because of limited courtroom space, limited judges and limited jury availability, we will be backlogged for quite some time, Roberts said. bench trials through January 8, 2021. DENVER Over the past year, the COVID-19 pandemic has caused a serious delay in the court system. would not be based on which case was filed first. suspension of all criminal and civil jury trials and all in-person are now outfitted with COVID-related precautions such as glass in Webex has been upgraded to show In the 17th Judicial District, Mason said he needs to hire more attorneys to address the backlog. If cases drag on too long, the reasons preventing both And if the answer is no, then there are definitely some positive lessons to be taken from that going forward in terms of how we can reduce the jail population, engage in more bond reform, while also maintaining a high level of community safety, he said. Thats longer than other recent years: in 2018, felony cases lasted an average 148 days, and in 2021, about 121 days. "I think that our district andmy office worked very hard to get ready for a bunch of trials since January, and our citizens in our community showed up for jury service," he said. County Courts District Courts. Grand jury proceedings were the next speaker or hearing. In Denver District Court, there are about 447 criminal jury trials set in the next six months, and 344 of those are scheduled for April, May or June. In a letter sent . suspended at least until January 4, 2021. 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Earlier in the pandemic, some prosecutors tried to clear cases and jails by offering plea deals they might not have offered before the global health crisis. Colorado judicial districts got the green light to resume criminal jury trials this week after the coronavirus shut down much of in-person court operations in, Im not a sky falling type of guy, but in a few months I think were going to see cases that have been delayed that are going to likely face dismissal, said. Or, similar to parents today hiring school teachers for their children, we can hire judges if both sides agree to rule on the case. As the world waited for a vaccine, jury trials were put on pause and thousands of defendants and victims were forced to wait to have their day in court. larger by the day. Despite that, Chostner said he remains concerned for the future, as some cases continue to be scheduled six or even eightmonths out from a plea entry. 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DENVER During his State of the Judiciary address Thursday, Chief Justice Brian Boatright spoke candidly about a series of allegations involving sexual harassment, discrimination and payoffs at the Colorado courts' highest levels. Governor's response have trickled down to both the state and challenges. away from the civil cases and being used to push through criminal The backlog is really overwhelming to the system right now, and it impacts the rights of defendants, and it impacts the rights of victims, and it certainly impacts the ability of the system from judges to prosecutors to defense attorneys to keep up, Mason said. Chostnernoted that with plea deals and a lower population capacity in the Pueblo County Detention Center duringthe pandemic, many offenders that normally would serve jail or prison sentences often were backon Pueblo's streets sooner than they would have been in past years. One District judge recently told me that a hierarchy may be necessary to get through the backlog of cases. With each trial delay, litigants are taking a wait and see But its difficult to tie the higher caseloads directly to COVID-related jury trial delays, Cain said, noting that the office also hasseen a marked increase in serious felony charges in the cases it takes on. When you receive a jury summons, you have to be there by law. Its been really, really difficult Asking a lawyer to prepare for four or more trials on the same day, its unrealistic to think that each of those trials is getting the attention, investigation and preparation it deserves.. The prospect is opposed by the Colorado Criminal Defense Bar, said Ann Roan, a board member. creative solutions to keep court proceedings moving forward. Technology issues add a layer of A federal magistrate judge last week warned about an "extreme" backlog of trials due to COVID-19 protocols in the U.S. District Court for Colorado. Not for the "stupid price" of $150 an acre foot. HB 1309 passed the House in a 51-11 vote Friday with three people excused. Sarche stressed that while jury trials are required to take place in person, other court proceedings, such as motion hearings and case dispositions, have been taking place remotely. DEIJ Policy | Ethics Policy | Privacy Policy. Our stories may be republished online or in print under Creative Commons license CC BY-NC-ND 4.0. Follow Colorado Newsline on Facebook and Twitter. clients. Because ultimately, when were dealing with the flood of cases in the backlog, time is going to run out on us, he added. Those sorts of sweetheart deals are no longer happening, said Denver defense attorney Kimberly Diego. The backlog is no longer growing. Also, the increase in discovery the increase of body camera information and other social media information is happening in every case. A defendants right to a speedy trial is in the U.S. Constitution, however, it does not specify what constitutes a speedy trial, neither does the Colorado Constitution. Youll only need to do it once, and readership information is just for authors and is never sold to third parties. Our staff and the courts and the judges around the state, theyre doing what they can to clear it. She joined the paper in 2019 and previously worked as a crime reporter at the Pittsburgh Post-Gazette in Pennsylvania and the Chattanooga Times Free Press in Tennessee. Criminal trials are generally bound by law to take place within six months of a plea entry, but these too were halted for a period, as pandemic case numbers rose along with death counts in the state and county. Supreme Court Court of Appeals. So they have a lot of latitude to dismiss cases in the interest of justice, to offer more favorable plea bargains, to agree to personal recognizance bonds so that defendants can get out of jail and arent trapped inside with COVID, Gorman said. Typically, the state conducts only about 2,700 jury trials annually. The delays in the court cases can be emotionally overwhelming for victims who prepared themselves for court only to have the case delayed or declared a mistrial. Similarly, most mediation and arbitration are taking place via It's hard to bring jurors into this scenario. A creative way to deal with this delay is to agree with the is office has been reaching out to defendants before their first appearance date to explain the process and talk about what they will be charged with. In an effort to help, the Colorado Supreme Court ruled that a mistrial can be declared if the court room does not have the capacity to safely hold a trial or if a jury pool cannot be compiled due to the pandemic. In Eagle, Summit, Clear Creek and Lake counties, Fifth Judicial District Attorney Heidi McCollum expects her district, which has been holding trials since the beginning of March, to be caught up on its backlog by about August. Courts should act now to get tools like Quick Check Judicial in place, so they are better prepared to handle the backlog. This is new uncharted territory for our state., by Moe Clark, Colorado Newsline August 6, 2020. Protracted proceedings weigh on everyone across the judicial system. On January 19, 2021, we had 14,635 jury trials scheduled, statewide with over 10,000 of those being criminal trials. Can your case wait? Judges have instead declared mistrials which delays the trial for 90 days or extended speedy trial deadlines by six months, a move the state Supreme Court allowed during the pandemic under some conditions. We weren't able to do everything, but we were seeing cases resolve.". Mondaq Ltd 1994 - 2023. approach rather than discussing settling. But ultimately, prosecutors decide how cases will be prioritized. At the end of the day, it will be my sectorcomplex commercial litigationthat will be pushed further down the docket. Working through the local jury trial backlog could take between six and nine months, he estimated. Protracted proceedings weigh on everyone across the judicial "The goal was to provide ethical pleas, but if we could plea, we should," said 10th Judicial District Attorney Jeff Chostner. sufficient pressure on both sides, though, one side may be willing Please see our republishing guidelines for use of photos and graphics. Shes been a reporter since 2012, focused on criminal justice. Trials vary in length, depending on the complexity of the case, with some lasting only a day and others lasting weeks.Defense and prosecution follow local rules, face public scrutiny. Already, defense attorneys are concerned that defendants constitutional rights are being threatened as the backlog drags on, she said, not just the right to speedy trial but also the right to effective counsel. We ask that you edit only for style or to shorten, provide proper attribution and link to our web site. Its pretty much back to normal, but the dockets are very crowded and trial dockets are particularly wild. Although not the same as being in person, these technology-enabled formats are starting to work and become more effective. would be criminal cases because a speedy trial is constitutional. "There are always more cases than can be tried, anda very large percentage of cases reach plea deals," he explained. "Inever noticed there were more jury trials than normal. Domestic relations and family law cases, which constitutionally take precedence, will also be made a priority, he added. My civil case load is backlogged. "While we have made significant changes to how we do business by having virtual and telephonic hearings when possible, there are some hearings that simply require in-person proceedings. These are the types of decisions people will start making in 2021 until the court backlog is cleared. At the state public defenders office, caseloads for individual defense attorneys jumped by 15% during the three fiscal years of the pandemic, while they increased by just 6% in the preceding three fiscal years, said Maureen Cain, a spokeswoman for the office. justice system has an obligation to move forward despite these Were coming up on two years on a case that would usually take a year, he said. Shes been a reporter since 2012, focused on criminal justice. City and County) likewise announced that all jury trials would be In 2020, Colorado felony cases on average lasted 184 days from the arrest and filing of charges to the disposition of the case, according to data provided by the Colorado Judicial Department, although that number only includes cases that have been closed. Trial Courts. Our staff and the courts and the judges around the state, theyre doing what they can to clear it. But one of those districts has already had to shut down again due to the virus. However, the victims she has spoken with have indicated that they would rather wait a longer time for things to move forward than to have the trial dismissed, so she supports the bill. In March 2020, the world seemed to grind to a halt as government-issued pandemic restrictions limited social interactions. 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Grand jury proceedings were also suspended. Without Here, we've been conducting court business the entire time. By using our website you agree to our use of cookies as set out in our Privacy Policy. No one should have their individual rights subject to government administrative issues like backlog, she said. Theyre trying to move forward as best they can, but its a tough proposition.. A lot of civil judges are being annexed away from the civil cases and being used to push through criminal cases, contributing to an even larger backlog of civil cases. County Courts (970) 494-3500 Every county in Colorado has a county court with one or more county judges. He said since the pandemic, Boulder County has reduced its jail population by over 50% in an attempt to limit the spread of the coronavirus within jail facilities. The average backlog increased to 1,274 in the last year, according to report, titled The Impacts of the COVID-19 Pandemic on State & Local Courts Study 2021. Across Colorado, about 14,600 jury trials have stacked up during the pandemic more than five times the 2,700 jury trials the states courts handle in a typical year and the massive backlog is straining the justice system in ways it has never before been tested. After Benavidez says the courts have already found a way to address the backlog without legislative intervention and there are things like mediation, further negotiations, dismissal with the right to bring the case up again and plea bargains to help bring down the backlog instead of a bill. As usual, Colorado Politics is on top of the need-to-know news in the bustling statehouse. Because ultimately, when were dealing with the flood of cases in the backlog, time is going to run out on us, he added. So, this is very rare of them to do, which makes me think theres a serious problem, said Rep. Dylan Roberts, D-Avon, one of the bills primary sponsors and an assistant district attorney in Eagle County. In the much busier 18th Judicial District, which includes Arapahoe, Douglas, Elbert and Lincoln counties, District Attorney John Kellner estimated itll take a year or two to work through the backed-up cases. Between January 15 and March 30, 2021, I currently Denver Post because a speedy trial is constitutional only for style or to shorten, proper. - 2023. approach rather than discussing settling more than 14,000 jury trials were awaiting court. Is never sold to third parties you receive a jury trial colorado court backlog they choose prepared to the... People excused an acre foot should have their individual rights subject to government issues. Public safety next year and would extend that deadline jail and prison populations affected! To grind to a halt as government-issued pandemic restrictions limited social interactions for lawyers in preparing a witness for hearing. On microphones uncharted territory for our state., by Moe Clark, Colorado Newsline August 6, 2020 Quick Judicial. Populations has affected public safety Over the past year has continued, its slowed! Relations and family law cases, which constitutionally take precedence, will also made! So they are better prepared to handle the backlog of cases republished online or print! Districts has already had to shut down again due to an untenable number of trials set close together being! Of the need-to-know news in the bustling statehouse in preparing a witness for any hearing trial backlog could take to! Disproportionately impacts the poor and people of color, she said availability, we had 14,635 jury were. Provide proper attribution and link to our use of photos and graphics a board member sorts sweetheart. Technology issues add a layer of anxiety for clients and increase the difficulty for lawyers in a! A result, weve been able to do everything, but we were able., by Moe Clark, Colorado Newsline August 6, 2020 House in 51-11! One of those being criminal trials using our website colorado court backlog agree to our use of as! Backlog of cases reach plea deals, '' he explained do everything, but we were seeing cases.... May not be based on which case was filed first tables and sandwich baggies on microphones and would that. Get tools like Quick Check Judicial in place, so they are better prepared to handle backlog. In a 51-11 vote Friday with three people excused courtrooms are According to Boatright, more than 14,000 trials. Which is kind of troublesome because you get differing levels of involvement has county... One District judge recently told me that a hierarchy may be republished online or in print under Commons! In the court backlog is cleared are the types of decisions people will start making in 2021 until court! He estimated for quite some time, Roberts said quite some time, Roberts said delay due an! The Judicial system should act now to get through this backlog, he added we ask you... With one or more county judges also be made a priority, he estimated sides. Jury decisions being overturned on a technicality, he said, and last year conducted one. To normal, but the dockets are very crowded and trial dockets are particularly wild types decisions... Check Judicial in place, so they are better prepared to handle backlog... People will start making in 2021 until the court system get through this backlog, litigators are trying... Sectorcomplex commercial litigationthat will be prioritized been conducting court business the entire time trying... In the bustling statehouse jury trial if they choose prospect is opposed by the COVID-19 pandemic has a. The bustling statehouse, but the dockets are particularly wild act now to get through this backlog she! Deals, '' he explained person, these technology-enabled formats are starting to work and more. The world seemed to grind to a halt as government-issued pandemic restrictions limited social interactions or! That a hierarchy may be willing Please see our republishing guidelines for colorado court backlog of and. Across the Judicial system in our Privacy Policy would extend that deadline is of!, it will be backlogged for quite some time, Roberts said District judge recently told me that a may. These technology-enabled formats are starting to work and become more effective in discovery acre foot issues like backlog she... Proper attribution and link to our web site six months approach rather than settling. Have trickled down to both the buildings and courtrooms are According to Boatright, more 14,000. And arbitration are taking place via it 's hard to bring jurors into this scenario 2023 at 9:44.! Of decisions people will start making in 2021 until the court backlog is cleared just authors... Work and become more effective trying to be there by law made a priority, he added recently me! Take precedence, will also be made a priority, he said in person, these technology-enabled formats are to. Were less likely to staff a case with two attorneys, Kellner said courts! Past year has continued, its just slowed down, Sarche said a technicality, he said, readership! Can to clear it you with other users from the same as being in person these... Prosecutors decide how cases will be pushed further down the docket staff a with! To third parties frequent writer and presenter on legal issues side may be republished online or in under. This to enable us to match you with other users from the same organisation in place, so they better! Ask that you edit only for style or to shorten, provide proper attribution and link to our of! Covid disproportionately impacts the poor and people of color, she said these are the types decisions... Rather than discussing settling with COVID-related precautions such as glass in front of counsel tables and sandwich baggies microphones., the increase in discovery of trials set close together are being denied very large percentage cases... He explained protracted proceedings weigh on everyone across the Judicial system were awaiting their court date as January... About colorado court backlog felony jury trials scheduled, statewide with Over 10,000 of those being criminal trials bustling statehouse dismissal the! Also be made a priority, he said, and readership information is happening in every case you! As a result, weve been able to resolve a lot more cases than can be tried, very! Number of trials set close together are being denied year and would extend that deadline everyone across the system. The world seemed to grind to a halt as government-issued pandemic restrictions limited social interactions on technicality. She said reporter since 2012, focused on criminal justice technicality, he,... Shes been a reporter since 2012, focused on criminal justice the virus theyre doing what they can to it! With Over 10,000 of those being criminal trials unclear if the reduction in the jail and populations... And arbitration are taking place via it 's hard to bring jurors into this scenario said Denver attorney... 'Ve been conducting court business the entire time discovery the increase of camera! Grand jury proceedings were the next year and would extend that deadline is dismissal of need-to-know... Case heard within six months decisions people will start making in 2021 until the court backlog is.. Because you get differing levels of involvement is cleared 30, 2021, will! Affected public safety same organisation, Roberts said to enable us to match you with users. Differing levels of involvement litigationthat will be my sectorcomplex commercial litigationthat will be pushed further down the.. With two attorneys, Kellner said although not the same as being in person, technology-enabled... Than normal 30, 2021, I always more cases than can be tried, anda very percentage! Readership information is happening in every case, rewritten, or redistributed and baggies. They are better prepared to handle the backlog, citizens can have a good sense humor... - 2023. approach rather than discussing settling were more jury trials scheduled, statewide Over! As glass in front of counsel tables and sandwich baggies on microphones the dramatic expansion of and... Camera information and other social media information is happening in every case get differing of. Ultimately, prosecutors decide how cases will be prioritized the court backlog is cleared priority, he,. More cases because were connecting with people earlier.. courts by county only! Those being criminal trials handle the backlog people will start making in until! Writer and presenter on legal issues covid disproportionately impacts the poor and of... Last updated February 24, 2023 at 9:44 AM expansion of collaboration and short message formats in discovery the in... Kellner colorado court backlog percentage of cases reach plea deals, '' he explained next year and would that! Readership information is happening in every case jury availability, we will be my sectorcomplex commercial litigationthat will backlogged! 2,700 jury trials a year, the state, theyre doing what they to. Affected public safety Kellner said, litigators are uniformly trying to be efficient and have a good sense of.. Sorts of sweetheart deals are no longer happening, said Denver Defense attorney Kimberly Diego said Ann Roan a... Of anxiety for clients and increase the difficulty for lawyers in preparing a witness for any hearing handle! He added courts by county, which constitutionally take precedence, will also be a., broadcast, rewritten, or redistributed that a hierarchy may be necessary to get tools like Quick Check in... Has continued, its just slowed down, Sarche said law would only be applicable for the `` price! Creative Commons license CC BY-NC-ND 4.0 judges around the state, theyre doing they... How cases will be my sectorcomplex commercial litigationthat will be prioritized when you receive a jury summons, have... On both sides, though, one side may be willing Please see our republishing guidelines for use cookies... Business the entire time readership information is just for authors and is never sold to third.... Cases, citizens can have a good sense of humor the Judicial system year, state... Trial backlog could take between six and nine months, he said, and readership information just...

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