1. What is Early Case Resolution (ECR)?
Early Case Resolution (ECR) allows defendants and defense attorneys quicker access to courts, prosecutors and the information necessary to deal more efficiently with criminal cases. Two ECR courts will operate Monday through Thursday both morning and afternoon. One ECR court will also be open Friday mornings. Representatives from Adult Probation and Parole and Criminal Justice Services will be present to provide background information. The District Attorney’s Office will staff the courts with veteran attorneys who will have authority to negotiate both plea offers and sentencing recommendations.
2. What type of cases will be heard in Early Case Resolution (ECR)?
All cases will go through the ECR courts. For more serious matters such as homicides and special victim cases the hearing will be treated as an initial appearance. Those cases without complicated legal or factual issues (including restitution) may remain in ECR.
3. Are defendants required to participate in ECR?
No. There is no requirement that anyone to participate in the ECR court. Either party can “opt out” of ECR at any time prior to disposition and for any reason. Many cases, even though they may start out as ECR eligible, will not resolve in ECR court.
4. What happens with NON-ECR cases and those that have “opted out?”
For NON-ECR cases, the ECR court will act as the initial appearance court where the defendant is advised as to the charges, a determination is made about appointment of counsel, and the issue of pre-trial release is addressed. Matters will be transferred to the assigned judge for a scheduling conference or set directly for a preliminary hearing. However, until April 28th, 2011, the scheduling conferences will be on the role call calendars. Thereafter, the scheduling conferences will be on the assigned judge’s law and motion calendars.
5. How will discovery be provided in ECR?
For those cases where the Salt Lake Legal Defender Association (LDA) is appointed, discovery will be sent immediately upon case filing. For private counsel, an initial discovery packet will be available after filing upon request and before the first hearing in ECR. If not requested before that hearing, the discovery packet will be with the file, and available for counsel, at the first hearing in ECR. In either circumstance there will be no charge for the initial discovery packet.
6. Are continuances allowed in the ECR court?
Yes. One of the principles of the ECR court will be a flexible continuance policy. Continuances will be allowed in order to obtain additional information, review discovery, consider offers, etc. However, continuances will be granted for shorter periods of time, mostly for days or a week at a time. With few exceptions, ECR cases must be resolved with 30 days.
7. Can defendants retain private counsel and remain in ECR?
Yes. Care will be taken to make sure that only persons who qualify will be appointed counsel. Defendants who may qualify for appointment but desire to retain private counsel will be encouraged to do so. In fact, the reason to gather the information about indigency at the same time as release information is to avoid the temptation some may have to declare sufficient resources for purposes of release, but later declare insufficient resources to obtain private counsel. Furthermore, those defendants that appear without counsel the court will further inquire into their ability to retain counsel. In appropriate circumstances, the court will recommend that counsel be retained. Continuances will be allowed for persons to obtain counsel.
8. Does ECR change the process of pretrial review of persons held in jail?
Yes. Under the new process, Salt Lake County Pretrial Services will first gather information regarding a detainee’s eligibility for pretrial release and for the consideration of appointment of counsel. Pretrial will continue to release detainees as they do currently. All persons released will received a date to appear in court. Pretrial will transmit the financial information to the court. The court will determine whether or not the defendant qualifies for appointment of counsel if the case is filed.
9. How will cases be resolved in ECR?
The caption of the Information will indicate whether the case has been approved for consideration in the ECR court. The discovery packet for ECR eligible cases will include a tentative settlement offer from the District Attorney’s Office. Defense counsel will be free to negotiate ECR cases as they would any other matter. Prosecutors will have authority to negotiate and modify offers, including sentencing recommendations.
10. How can sentencing recommendations be negotiated in ECR?
Pleas which include negotiated sentences will be offered under Utah R. Crim. P. 11(I) and therefore may be withdrawn if the court does not accept the proposed settlement.
11. If an ECR eligible case cannot be settled in ECR will the offer remain open?
No. Once a negotiation is concluded and the offer rejected, the ECR offer will be withdrawn. The exception will be those cases where negotiations must continue because the matter requires more time than is allowable in the ECR court. In those situations counsel may negotiate to have the offer remain open after the case leaves ECR.
The above article first appeared in the UACDL’s Defender magazine and was written by Kent Hart, who is the Executive Director of UACDL.
