Facts: Petitioner James Kenyon was charged for seven counts of unlawful possession of a firearm. The Superior Court for Mason County continued the trial past the speedy trial date due to the unavailability of a judge to preside of his trial. Kenyon moved to dismiss the case pursuant to CrR 3.3, but the trial court denied the motion ruling the time period was excluded reasoning the unavailability of a judge is an unavoidable circumstance and convicted Kenyon on a verdict of guilty. Kenyon appealed, and the Court of Appeals affirmed the trial court’s judgment. The Supreme Court of Washington granted Kenyon’s petition for review.

Question(s): Does the speedy trial rule, CrR 3.3, which allows for exclusion for unavoidable or unforeseen circumstances, permit a trial court to continue a criminal trial past the speedy trial deadline because of the unavailability of a judge to preside over the trial?

Conclusion: Justice Sanders’ opinion for the Court held that the trial court violated Kenyon’s right to a timely trial under CrR 3.3 by continuing the trial date based on the unavailability of a judge to preside over the trial where no record was made regarding the number or availability of visiting judges or pro tempore judges to hear Kenyon’s case. Thus, the decision of the Court of Appeals was reversed, and the charges against Kenyon were dismissed with prejudice.

Docket No. 81374-4 (from Court of Appeals Division II Case No. 35237-1)

Petitioner: James Kenyon

(Counsel: Thomas E. Doyle and Patricia A. Pethick)

Respondent: State of Washington

(Counsel: Gary P. Burleson and Edward P. Lombardo)

Briefs:

Argument: Tuesday, June 23, 2009 10:00am

[Source: TVW, http://tvw.org]

Decided: Thursday, October 1st, 2009

Vote: 9-0

Opinion: 167 Wn.2d 130 (2009)

Court: Alexander4 Court (2008-2009)

Alexander

Johnson

Madsen

Sanders
(Majority)

Chambers
(Concurs)

Owens

Fairhurst

Johnson

Stephens