In re Superior Court Rule of Criminal Procedure 48(b)

OPINION

On November 21, 1984, a majority of the justices of this court approved action earlier taken by the Superior Court judges who voted unanimously to repeal Rule 48(b) of the Superior Court Rules of Criminal Procedure. As one of the minority, I take this opportunity to set forth the reasons why I did not join with my colleagues in repealing what I consider a significant and essential rule of court.

Some background is in order. In Tate v. Howard, 110 R.I. 641, 652, 296 A.2d 19, 26 (1972), this court attempted to put to rest the “myth of the Attorney General’s unbridled calendar control.” We…