State Ex Rel. Berger v. Superior Court

HAYS, Chief Justice

(specially concurring) :

I concur with the result, reached by the majority opinion, but I cannot subscribe to the unreasonable burden placed upon the prosecution. The majority opinion says that even though the county attorney is ready to proceed .with the trial and notifies the Court of the time deadline problem involved, he must also file a written motion to continue if it appears that a case log jam in the court will possibly necessitate a continuance. I can find neither logic nor reason to require a county attorney to file for a continuance that he doesn’t himself want or need. Let the judge make his own record to justify the continuance of a case, especially if it is occasioned by the state of his own calendar.