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CITY OF DODGE CITY v. RABE6/15/1990
is requirement "shall not affect the validity of the appeal." K.S.A. 22-3609(3).
While there is no mention of docketing in the statute, the Supreme Court has said several times that the time limit on speedy trials begins to run "from the date the appeal is docketed in the district court or at the expiration of the time the appeal should have been docketed." City of Garnett v. Zwiener, 229 Kan. 507, 510. See City of Overland Park v. Fricke, 226 Kan. 496, 502. The problem here is that when these two cases were decided, the statute was worded differently, leaving a question of whether changes in the law should change the requirement established in these cases. Under the old version of the law, the appellant filed notice with the court in which he or she was first tried, and it was incumbent on the court to certify the appeal to the district where it would then be docketed. In 1982, after the Supreme Court decided Zwiener, the legislature changed the law. The new law simply skips a step. The appellant can now bring his or her appeal directly to the district court. K.S.A. 22-3609. The new law also incorporates the Zwiener holding and makes the original trial court's certification immaterial.
Thus, no fault of the defendant is involved in the failure to try Rabe for 17 months after his appeal was docketed. In an appeal from municipal court on the issue of a statutory speedy trial, the accused has no affirmative duty to see that the speedy trial statute is complied with. Obviously, the accused could not deliberately cause the city not to receive notice, but, here, the trial court found the notice was mailed.
The purpose of guaranteeing speedy trials to those who appeal to district courts> from municipal courts> is clear. " he speedy trial statute was intended to prevent the oppression of a citizen by holding criminal prosecutions suspended over him for an indefinite time and to prevent delays in the administration of justice." City of Elkhart v. Bollacker, 243 Kan. at 545. See City of
Overland Park v. Fricke, 226 Kan. at 501. Traditionally, the burden of going forward with a prosecution has been placed on the State, "however, the ultimate responsibility for management of the trial calendar is in the trial court." State v. Higby, 210 Kan. 554, 556, 502 P.2d 740 (1972). The Supreme Court further addresses this concern in its rules:
"The most effective way of combating court delay is to modify the local legal culture by the adoption and use of a case management system. The basic concept of case management is that the court, rather than the attorneys, should control the pace of litigation. It is the duty of the judge to the people to run the court and not abdicate the responsibility to counsel." General Principles and Guidelines for the District Courts> (8), 1989 Kan. Ct. R. Annot. 46. See General Rules Relating to District Courts>, 1989 Kan. Ct. R. Annot. 45-47.
The City's major complaint in this case was that it never got notice of the appeal. If the court had properly reviewed the docket and made an effort to be certain this case was heard in a timely fashion, the State would have gotten actual notice of the appeal, albeit through the judge rather than Rabe's attorney.
We believe other factors are such to overcome the City's failure to receive a copy of the notice of appeal, which the trial judge believed was not the fault of either party. The municipal court judge approved the appeal bond. No effort was made to enforce the sentence, despite the fact that the defendant was sentenced to serve a jail sentence and pay a fine. The defendant was subject to criminal charges and an appearance bond for 17 months.
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