Thursday, December 24, 2009

Cop may not appear at hearing, but somebody must


Reading Police Chief Bill Heim says it's perfectly legal for a person to be found guilty even if a cop doesn't show up for a parking ticket hearing.
He cites Title 4, Section 454, subsection B as proof.
That section says:
(B) If the defendant pleads guilty, the issuing authority shall impose sentence. If the defendant pleads not guilty, the issuing authority shall try the case in the same manner as trials in criminal cases are conducted in the courts of common pleas when jury trial has been waived; however, in all summary cases arising under the Vehicle Code or local traffic ordinances, the law enforcement officer observing the defendant’s alleged offense may, but shall not be required to, appear and testify against the defendant. In no event shall the failure of the law enforcement officer to appear, by itself, be a basis for dismissal of the charges against the defendant.

However, the chief fails to mention subsection C, which states:
(C) The attorney for the Commonwealth may appear and assume charge of the prosecution. When the violation of an ordinance of a municipality is charged, an attorney representing that municipality, with the consent of the attorney for the Commonwealth, may appear and assume charge of the prosecution. When no attorney appears on behalf of the Commonwealth, the affiant may be permitted to ask questions of any witness who testifies.

It's clear to me that though an officer is not required to show up at a parking ticket hearing, someone else must appear in his stead. It can be an assistant district attorney, or if it's a city ticket, it can be the city solicitor or his deputy. But clearly somebody has to appear.
The law was written this way because traditionally cops were paid a lot less than ADAs or city attorneys.


Nowadays, with the average cop making about $90,000 in salary and benefits and getting overtime for court appearances on top of that, it's a closer call as to which is cheaper.
Heim said he'd like to do what the parking authority does, which is to send one representative of the authority to answer for all tickets issued by the cold-blooded, heartless meter maids.
However, the chief said the move to spread parking tickets among four magistrates instead of one, would make his plan to send one police representative to handle all parking tickets unworkable.

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