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Nazareth, Pa., United States

Thursday, November 02, 2023

NorCo No Longer Violates Defendants on Probation For Failure to Pay Court Costs

Badaoui Boulos, the fiscal administrrator for Northampton County's courts, revealed at yeesterday's budget hearing that courts no longer violate defendants on probation for failure to pay fines and costs. He stated this is the result of either a new state law or policy, although I'm unable to find it. President Judge Craig Dally explained that the reason for this change was that "[b]asically, you had a debtors' prison. People were being locked up."

While that might be true in some counties, Northampton County judges have never been anxious to jail defendants who failed to pay court costs. In fact, that's why the county began using a collection agency several years ago to try to recoup some of these fines and fees. 

President Judge Dally told County Council that the only civil remedies will be pursued against scofflaws. 

During yesterday's hearing, County Council was advised that 11 new youth care workers were hired at the Juvenile Justice Center last year. Of these 11, 4 have left and 2 became PT workers So the facility is still undermanned, although a recent arbitration award authorizing a starting salary of $18.05 per hour might attract staff. 

Currently, the county has 18 county residents and 2 out-of-county residents at the facility. It has had to send 8 juveniles to outside facilities at a cost of $83,000 per month because it lacks the staff to house them. 

There was no discussion of the recent changes in custody court

22 comments:

peterjcochran said...

Where is the responsibility on the behalf of the violators? Bernie ,how much has not been collected ?

Matt Flower said...

Contrary to any statements made last night, debtors prison is alive and well in Northampton County in the form of Domestic Relations compliance court. Each month, citizens of our county are incarcerated simply because they cannot afford to pay a support amount generated by fictitious “imputed incomes”

Last time I checked, we couldn’t pay for food, gas or electricity with an imputed income. We should be putting people in jail for one either.

Make no mistake. Debtor prison still exists, the the Domestic Relations Section of the court is in dire need of reform.

I am glad to learn that we no longer violate probation for non payment of costs.

Anonymous said...

The union bosses and McClure have an unholy alliance to keep wages down in order to help McClure become executive for life or until he runs for higher office. If anyone believes the vacancy numbers, they need to dig deeper.

Willo be interesting to see if the Mclure candidates who will be on council next year will be brainless syncopates like Zirisnki or think for themselves.

Matt Flower said...

It is also work noting that we incarcerate these people at a cost to the county of over $100 per day, according to council member John Brown.

So in essence, we attribute imaginary income to a person, order them to pay a support amount based on that imaginary income, throw them in jail when they can’t, and then tax payers foot the bill.



Very sensible.

And in case anyone is wondering, these county expenditures are paid with real money, not the fictional dollars that the Domestic Relations rely on when doing their calculations.

Anonymous said...

$18.05
Do you really think anyone wants to rush out and get an application???????

Anonymous said...

"undermanned"

Perhaps if they considered hiring women ....

Anonymous said...

Can't we put these expensive juveniles we are housing in a plane and ship them to some place, I don't know where, maybe Venezuela, and exchange them for some well deserving kid that needs a chance here? Jeez, what exactly do we get for that price?

Anonymous said...

Are you aware that at one time, between Lehigh and Northampton County, there was approximately 60 million dollars in outstanding fines and fees and when you add in the restitution it must be at least 100 million by now. Who says Crime doesn't pay?"

Anonymous said...

The amount of human suffering imposed on those who can least afford it monetarily is a disgrace. The county should be ashamed of themselves for what they term justice..without any mercy. I know the truth of these matters and it is a debtors prison on many levels. Inhumane and we wonder why people can't escape the crush of these onerous demands for payment. Most of these people have no job prospects or education or family support yet we expect payment regardless. Class warfare to be sure and it is condoned by our elected judges and officials at all levels.

Anonymous said...

Bearden v. Georgia, 461 U.S. 660, 103 S. Ct. 2064 (1983) "A sentencing court cannot properly revoke a defendant's probation for failure to pay a fine and make restitution..."

Matt Flower said...

The only to your question as to why this system continues is that because not enough people document and Ben f forward the violations of law that routinely occur. I have found Council to be responsive, I have found the county executive to be responsive and I have found the Superior Court of Pennsylvania to be responsive.

But you must given them something of material evidentiary value to respond to and then continue to persistently raise these issues as they occur and demand hearing on these matters.

It is the only way that things will change.

Anonymous said...

5:11am - Incorrect. Only those who are found to be WILFULLY non-compliant are found in contempt.

Anonymous said...

5:40am - When capable parents refuse to support their children, the taxpayers foot the bill...in the form of GA programs like SNAP, Title XX. medical assistance, etc. Do you have any idea how much money in food stamps a family of like 5+ gets? It's insane!

Anonymous said...

The system is a mess. You commit a crime, rob, beat, and maim someone. Cheat them out of their life savings and the court finds them guilty and imposes on them fines, costs, and restitution but the Courts don't give the County the means to collect those fines, etc. The courts won't issue a warrant for their arrest either. The system is a mess because the Judges won't get off their lazy asses and do what they were elected to do. Administer Justice.

Anonymous said...

So‐called deadbeat dads are really pro-choice. Pro-choice women should understand this. Choice for some and not for all. That's not fair.

Anonymous said...

Spot on, Anon 1:08 PM. Sadly so.

Anonymous said...

@5:40

Make no mistake, the only reason John Brown is worried about the $100 the county pays is that he’d rather the money go to him, or one of his cronies.

Be wary about when conservatives talk about “misspending”. The’d rather not help the working class if it means lining their pockets with fictional political positions or projects.

Anonymous said...

@7:16

Most poor, black or brown people are found “willfully” in contempt in Northampton county.

A white man who can afford an attorney miraculously gets his case modified and serves no jail time.

Anonymous said...

@ 7:16

A white man and his criminal family like Donald Trump, needs to be sent to prison for all of the crimes he committed for the many decades.

Matt Flower said...

“Willfully non-compliant” is a joke in Northampton County.

It is a line item that the judges make sure they say to cover their unconstitutional violations of statutory law.

It doesn’t mean anything in practice. You can’t incarcerate people without a finding of “willful non-compliance” on the record, so they make that finding on the record. It’s a judicial housekeeping item and has no more value than the imaginary money that the Domestic Relations Section attributes to obligors when calculating these unrealistic support payments.

Anonymous said...

"While that might be true in some counties, Northampton County judges have never been anxious to jail defendants who failed to pay court costs."

You clearly have no idea what you're talking about.

Anonymous said...

@12:27

Not true. Just because you don't understand the law or the judicial process doesn't make your persecution complex a reality.