Vermont v. Brillon (2008)
- Docket
- 08-88
- Decided
- 2008-01-01
Summary
Question: 1) Are delays that violate a defendant's right to speedy trial, caused largely by the defendant's assigned counsel, properly attributed to the state because it finances the office of the public defender? 2) Should a defendant represented by publicly financed counsel be considered more prejudiced against when counsel is responsible for delays that infringe defendant's right to speedy trial than a defendant who retains private counsel? Conclusion: No and No. The Supreme Court held that the Vermont Supreme Court erred when it categorized assigned counsel as a state actor in the criminal justice system and that it was not justified in treating Mr. Brillon's speedy-trial claims differently than if he had retained private counsel. With Justice Ruth Bader Ginsburg writing for the majority and joined by Chief Justice John G. Roberts, Justice Antonin G. Scalia, Justice Anthony M. Kennedy, Justice David H. Souter, Justice Clarence Thomas, and Justice Samuel A. Alito, the Court reasoned that delay caused by a defendant's counsel is ordinarily charged against the defendant, as it should have been in this case. Justice Stephen G. Breyer, joined by Justice John Paul Stevens, dissented. He criticized the Court for granting certiorari here. However, as certiorari was granted, he would have affirmed the Vermont Supreme Court reasoning that it had authority to supervise the appointment of public defenders and therefore could determine when a defendant's delayed trial date should be properly attributed to them.