PJ Koury: No Costs May Be Assessed to the Innocent

On Friday, I told you about the poor experience that a Nazareth family had in front of Magisterial District  Judge Roy Manwaring II. They had gone to Bethlehem for a night of shopping and dinner, but made a return trip to their parking meter. Ryan Woodmansee used his credit card to add time, but was rewarded with a blank screen. he had no spare change and photographed the meter. Sure enough, when he and his wife returned from dinner that night, a parking ticket awaited them. Since this was a defective meter, they were sure they could appeal the citation and win. So when they went to their hearing on Wednesday, they brought their children. They wanted to teach them that, in America, the system works. What they got instead was a Magisterial District Judge Roy A Manwaring II. They feel that he treated them like garbage

PJ Michael Koury, Jr. 

During the hearing, the Bethlehem Parking Authority conceded there had been a glitch that night. Manwaring really had no choice but to dismiss the case. But he still ordered them to pay the court costs, and before they left his little star chamber.

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.