|PJ Michael Koury, Jr.|
Now I have already told you that Manwaring had no basis for imposing costs on an innocent Defendant. True, I've lost my license to practice law, but not for being a dumb ass. But still, why should anyone much care what some bottom-feeding blogger thinks?
While I understand that my own objections mean nothing, those of the President Judge of Northampton County mean a great deal. PJ Michael Koury, Jr. has instructed Manwaring to refund the money to the Woodmansees. A copy of his directive has been sent to the Woodmansees, but they feel uncomfortable releasing it.
They might get assessed costs again.
The statute establishing constable fees provides, in pertinent part, "In all criminal cases wherein the defendant is discharged or indigent or the case is otherwise dismissed, the court shall assess to the county the fee provided in this section ... ." Thus, a magisterial district judge has no discretion to assess costs against a Defendant who has been exonerated.
This determination is consistent with United States.Supreme Court rulings, including its recent decision in Nelson v Colorado. . In Giaccio v. Pennsylvania, the US Supreme Court ruled that a Pa. statute authorizing this sanction on innocent people is unconstitutional.
Even in Roy Manwaring's courtroom.