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Bedwell v. Circuit Court of Lawrence County
Citations: 248 Ark. 866; 454 S.W.2d 304; 1970 Ark. LEXIS 1307Docket: 5458
Court: Supreme Court of Arkansas; June 1, 1970; Arkansas; State Supreme Court
Earl Bedwell, currently serving a federal sentence in Texarkana, Texas, has filed a petition for mandamus, requesting the Lawrence County Circuit Court dismiss pending state charges due to a lack of a speedy trial. Bedwell filed for a speedy trial on January 20, 1969, while incarcerated in Leavenworth, Kansas. The Lawrence County Prosecutor, David Hodges, arranged for Bedwell's transfer to Texarkana to facilitate his trial but encountered issues when it was discovered that transporting Bedwell to trial required compliance with federal regulations mandating that he be accompanied by deputy federal marshals, who would remain in custody of the prisoner throughout the trial. Lawrence County was unable to afford the required advance deposit of $325 for the marshals' expenses, leading to the abandonment of efforts to bring Bedwell to trial. According to Arkansas law, a prisoner has the right to be tried within two court terms after charges are filed, with the timeline beginning upon a request for trial from the incarcerated individual. Since Bedwell requested a trial in January 1969, more than two court terms have passed. The respondent argues that Lawrence County acted reasonably and in good faith in their efforts to secure a trial for Bedwell, referencing relevant case law. While the county initially demonstrated diligence up until the discovery of the transportation requirement, the key question remains whether it was arbitrary for the county to refuse to spend funds to meet federal transportation requirements. The regulations stipulate that the county must cover all associated costs for the prisoner and deputy marshals during transportation and trial. The court found that the county's decision not to incur these expenses was not arbitrary. County governments in this State generally operate under constrained budgets. The prosecuting attorney, after consulting with circuit and county judges, informed the court that Lawrence County could not meet the financial obligations associated with the requested commitment. While the county was prepared to provide the sheriff and facilities for the transportation and lodging of the petitioner, the proposed method of transfer would be more economical and allow the county to manage expenditures directly. In contrast, the bureau of prisons' request would allow a third party unrestricted access to county funds. Delays of several days between arraignment and trial are common, and the bureau's financial assurance could lead to significant overhead costs for the county due to the need for additional personnel and resources. The authority for temporary custody of federal inmates for state trials is established in 18 U.S.C.A. § 4085, with custody transfer being at the discretion of the U.S. Attorney General. Ultimately, the petition for dismissal of the charges is denied.