The ACLU-NJ participated as amicus curiae in a case of the first impression about the speedy trial provisions of the Criminal Justice Reform Act. In this case, the defendant’s speedy trial deadline was approaching; the prosecutor was on trial in another case. The court awarded “excludable time” to ensure continuity of government counsel. The ACLU-NJ argued that although there are circumstances where such an award is appropriate – where the prosecutor has spent a lot of time preparing or has a special relationship with the victim – there was no such evidence in this case. The prosecutor has only met the victim once and introduced no evidence to suggest that the case could not be easily transferred to a colleague.
On April 2, 2019 the Appellate Division heard oral argument. On April 23, 2019, it dismissed the case as moot because K.S. had been tried and, after trial, passed away. The court made clear that the State had the burden of establishing why excludable time was required.