Vermont v. Brillon
Citation and Court
556 U.S. 81 (2009), Supreme Court of the United States
Facts
Brillon was charged with felony domestic assault in Vermont. His case was delayed for roughly three years, largely due to the failure or withdrawal of a succession of assigned public defenders. He moved to dismiss on speedy trial grounds. The Vermont Supreme Court attributed the delays to the state and dismissed the charge.
Issue
Whether delays caused by assigned defense counsel’s failure to move a case forward are attributed to the defendant or to the state for purposes of the Sixth Amendment speedy trial analysis under Barker v. Wingo.
Holding
Delays caused by assigned defense counsel, including public defenders, are generally attributed to the defendant, not to the state, for speedy trial purposes because defense counsel — even when appointed — acts as the defendant’s agent, not as a state actor.
Rule / Doctrine
Under Barker v. Wingo, the speedy trial analysis weighs, among other factors, the reason for delay. Delays caused by the defense are charged to the defendant. Public defenders, though funded by the state, represent the defendant and are not state agents for constitutional speedy trial purposes; their failures to advance the case do not count against the government.
Significance
Brillon has significant practical consequences for indigent defendants whose cases are delayed due to overworked or ineffective public defenders. Those delays cannot be used to support a speedy trial dismissal, which critics argue penalizes defendants for failures in the public defense system they did not personally cause.