Judge’s Sleep Schedule Continues to Deprive Defendants of Speedy Trials

Judge’s Sleep Schedule Continues to Deprive Defendants of Speedy Trials

A Nashville judge’s ruling last week released a man from jail because of a delayed hearing, but Monday three other people charged in the same case remained behind bars.

Their case is assigned to Nashville Presiding General Sessions Judge Rachel Bell. Last week she blasted the other judge’s intervention, saying it was an attack on a medical condition — diabetes — that she said partially contributes to a limited work schedule. Bell voluntarily disclosed information about her condition while also declining to discuss it. On Monday, that continued when she brought it up in court.

Four people were arrested on drug charges April 22 after a traffic stop. A preliminary hearing that began before Bell on April 28 was delayed to May 16 because of the judge’s schedule and because a police detective was not available to testify, according to court records.

Assistant Public Defender Jared Mollenkof challenged the delay, asking Criminal Court Judge Mark Fishburn to release his client, the driver Richard Atchley, from jail. Fishburn, who ruled based on what lawyers told him in a hearing last week, said he did not see reason for a 24-day delay when court rules say the hearing should happen in 10. Fishburn, a judge since 1998, released Atchley while Atchley’s case moves forward.

Mollenkof and Atchley returned to Bell’s courtroom on Monday to finish the preliminary hearing. In that hearing, a judge hears testimony, generally from police officers and others, to determine whether a case will go before a grand jury.

Bell’s court officers first asked the public to leave the courtroom, allowing only the defendants and a relative, the defense lawyers, prosecutors, police and media to stay. A handful of people there for other cases — at least one that had been scheduled to begin two hours earlier — went to wait in the hall.

Atchley’s hearing was slightly delayed because the court clerk was out of the courtroom.

While waiting, Bell spoke up.

“Mr. Mollenkof, I have a question for you… If you don’t mind standing.”

Mollenkof, who was sitting at a table near Atchley and with three private lawyers appointed to the co-defendants’ cases, stood up.

“Do you know the difference between Type 1 and Type 2 diabetes?” Bell asked.

“I am familiar with it, judge,” he replied.

“You are? OK. That’s all.”

Her question was a clear nod to a footnote in Fishburn’s order dated May 10. The footnote says Bell does not start court until 10:30 a.m. because of sleep issues related to Type 2 diabetes.

Bell told The Tennessean last week she has Type 1 diabetes, and cautioned a reporter to “be sure to cover your story with accurate facts and do not violate my ADA rights,” referencing the Americans with Disabilities Act.

She said Fishburn’s order and comments were an attack on her medical condition.

Fishburn said his concern was only that Atchley was in jail and his preliminary hearing was delayed without a good reason. In releasing Atchley, he relied on statements made by Mollenkof in a hearing May 10. Fishburn noted the state did not dispute information presented by Mollenkof, other than to object to Atchley being released without a bond and to Fishburn’s jurisdiction to hear the case.

Apart from the footnote, Fishburn’s two orders do not mention Bell’s medical condition. He does suggest that Bell, who started court on April 28 at 11 a.m. then said she had to leave at 12:30 p.m. to teach a high school class, violated judicial conduct rules that say other activities should not take priority over a judge’s duties.

Mollenkof, one of four defense lawyers working on the case, was the only one who appealed to Fishburn to get his client out of jail.

Until Monday. (continue reading at Tennessean)

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