Who’s on first? It sounds like the opening line for an Abbott and Costello routine, but in criminal court this question refers to serious business, prioritizing the trial calendar. Like planes waiting for runway clearance, there are felony and misdemeanor cases competing for the next spot in the courtroom. This question is particularly significant for the incarcerated as jail overcrowding and court backlogs continue to tax the limits of due process.1 So who waits and who goes? The answer is found in the trial preference rule.
Trial preferences are pragmatic choices made by judges to fairly set the schedule for hearing criminal cases. There are many variables that factor into this process, notably the nature of the charges, the bail status of the accused and the dates when the cases became trial ready. While different systems for sorting and scheduling cases have cropped up over the years, speedy trial and due process are the constitutional backstops for assessing the merits of a trial preference.
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