A state law designed to streamline felony cases will expand to Merrimack County as early as January 2017.
And while that’s months away, officials worry about the added burden on prosecutors who are working to keep up with an ever-increasing load of drug cases. The recent surge would rise even more once the law funnels felony cases right to the superior court level, skipping lower courts entirely.
“I believe it will work provided that sufficient resources are allocated to it,” said Merrimack County Attorney Scott Murray. “Initially, though, it’s going to be a big burden.”
That burden will be easier to bear with the addition of two full-time assistant county attorneys and a secretary to help with the transition, he noted. Those new attorneys will join a staff of eight, who are already handling felony cases full time, as early as November.
Under the program, called Felonies First, more serious criminal cases will be handled in Merrimack County Superior Court in Concord, instead of starting in the circuit courts, where they are filed today. The circuit courts do not have the authority to resolve felony cases, which is why they are forwarded to superior court following a probable cause hearing.
Felonies First eliminates that automatic hearing. Although the defense can still request one at the superior court level, a judge must rule on whether it’s warranted.
Of the nearly 900 cases filed under the law since Jan. 1, there have been 15 requests for probable cause hearings and most were withdrawn, said Tina Nadeau, chief justice of the New Hampshire Superior Courts.
Gov. Maggie Hassan signed the Felonies First bill into law in summer 2015, and the program was first piloted in Cheshire and Strafford counties. Belknap just got on board.
Merrimack County will be the largest county yet to take part. Felony cases from five circuit courts – Concord, Franklin, Hillsborough, Hooksett and Newport – make their way to the superior court on North Main Street.
The program isn’t scheduled to roll out in the state’s largest county, Hillsborough, until April or September 2017.
“We’re changing 200 years of old practice,” Nadeau said. “It’s definitely a cultural shift for everyone, and making the change comes with inherent challenges.”
So far, the startup has been smooth, with just a few minor bumps along the way, and the counties are receiving the program well, she said.
Cheshire County Attorney D. Chris McLaughlin said his office had difficulty at first developing a system for cases where the accused is arrested but not detained and promptly arraigned. In those cases, prosecutors weren’t receiving notice of the arraignments, which the court schedules at a later date, he said, but the issue has since been addressed.
A secure database allows police there to notify the county attorney’s office of new felony arrests as soon as possible, McLaughlin said. Then, an on-call attorney can check that system in the evening hours to prepare for any next-day arraignments.
He noted that the number of people detained varies from week to week, but that the arraignment schedule has stayed manageable. McLaughlin, who anticipated a 15 to 20 percent increase in case load, hired an additional prosecutor because of Felonies First.
Under the law, prosecutors have only 60 days instead of the traditional 90 to bring a case to grand jury. However, that time table is under review as a result of the feedback from prosecutors, Nadeau said. Attorneys can also file an extension to indict and those have all been granted, she said.
McLaughlin and Murray said the 60-day deadline puts unnecessary pressure on the state lab, which is already overwhelmed by the spike in drug cases.
A Merrimack County grand jury handed up 528 drug indictments in 2015. During the first six months of 2016, there were 348 drug indictments, Murray said.
“If things continue on this course, we’ll probably exceed 1,600 (total) indictments this year,” he said.
When Felonies First rolls out in Merrimack County, it will likely mean an increase in the number of prisoners cycling through the court on a daily basis. If that expectation proves true, Sheriff Scott Hilliard said he’s concerned that the current courthouse isn’t equipped to handle the intake.
The aging courthouse has been in need of upgrades for years. The county has approved building a new superior court immediately next to the existing one, but construction wouldn’t be complete for at least a year or more after the start of Felonies First, Hilliard said.
Video arraignments from jail are the best solution to reducing the number of defendants in the court’s two large holding cells, he said.
“I think this is a good program because it streamlines justice for both defendants and victims of crime,” Hilliard said. “But, we need to make sure we have all of the pieces in place when the program kicks off.”