This could turn into a new tactic for the public defenders office in Allegheny County Pennsylvania. Just not show up, and you WIN!
A policy like this will turn the win loss records around for public defenders all over the state of PA. It is a shame there must have been more to this case than a simple driving under suspension if a lawyer was required. From what I have been told, a driving under suspension is a summary violation, and will not require an attorney for representation. In most driving under suspension cases in PA you can not get a public defender because it is considered a simple summary violation. Only when you are facing multiple violations for driving under suspension, and there is the possibility of jail time being given for suspended driving in PA. When there is that possibility of jail time, I understand the court will require a lawyer or require you to take additional steps to defend yourself. So this fellow may have been facing some serious charges that would have required the appearance of a public defender, and yet the judge was required to throw out the driving on a suspended license case.
An Allegheny County district judge on Tuesday tossed out a summary charge against a Pittsburgh man when his public defender failed to show for the case and other public defenders refused to stand in to represent him. Matthew Fonder, 35, was charged with driving with a suspended license and was scheduled for a hearing in Pittsburgh Municipal Court, court records show.
However, when District Judge Jim Motznik called the case, Fonders public defender, Hart Hillman, was not present. Motznik said he had the sheriffs deputy radio to another courtroom to get another public defender to stand in for Hillman. When no one came, Motznik, Fonder and the arresting officer walked to another courtroom where two assistant public defenders were present. “I said, Someone needs to stand up and represent this guy. They said, Its not our case, ” Motznik said. “No one would stand up and represent this guy, so I dismissed it.”
Hillman, who is an acting supervisor in the (Allegheny County Public Defenders) office, said he was running late and called his office so it could let the court know he would be there soon. The case was scheduled for 8:30 a.m. Hillman said he arrived by 9:10 a.m., delayed by a personal issue and traffic. Motznik said he didnt know Hillman had called until after he dismissed the case. Hillman said the two assistant public defenders should have taken the case, not that he can do anything about it. Even though hes an acting supervisor, he said he lacks any disciplinary power. “Thats the problem — there is no management,” he said. Chief Public Defender Michael Machen did not return a message seeking comment. Machens last day on the job is Friday. County Executive Rich Fitzgerald appointed a new chief public defender, Elliot Howsie, amid reports of problems in the office. He (Elliot Howsie) starts on Monday.
(BOLD) = Drivers License PA Edits
via Pittsburgh Tribune-Review.
I just hope that in the near future the Allegheny County PD’s Office can clear up that mess, and find alternative ways to ensure your defense is available for you if you require a public defender. I doubt the judges will continue to let “my public defender didn’t show” to be an excuse for dismissing pa suspended license tickets.