The Herald, Sharon, PA Published Thursday, September 12, 2002


37 'deadbeat' parents freed from jail after ACLU action

The Associated Press

Thirty-seven people jailed for not following child support orders are no longer being held on civil contempt of court charges, a week after the American Civil Liberties Union said they may have been wrongly denied hearings and court-appointed attorneys, the ACLU said Wednesday.

But officials in Lawrence County aren't conceding they've done anything wrong, said county court administrator Phillip Boudewyns.

Witold Walczak, executive director of the ACLU in Pittsburgh, met last week with Lawrence County officials after some inmates complained they were jailed without a hearing or not given an attorney if they couldn't afford one.

Boudewyns said President Judge Ralph Pratt has since reviewed the cases in question, and dropped civil contempt charges against 37 inmates about whom the ACLU inquired.

Some of the inmates remain in jail because they face other charges or are serving sentences on unrelated matters, but Boudewyns said he didn't know how many.

"Judge Pratt deemed the fairest county remedy would be to release the inmates. Their files are being returned to the county Domestic Relations office and will be reviewed again and, if appropriate, civil contempt charges (for nonsupport) will be refiled," Boudewyns said.

If that happens, the defendants will be arrested and brought personally into court for a hearing -- at which point they could again be jailed for nonpayment.

Boudewyns said the county's judges are still researching whether they must appoint an attorney for any child support defendant too poor to hire one. Some Pennsylvania counties appoint attorneys for child support cases and others do not, Boudewyns said.

Although the law requires the right to an attorney in criminal cases, the law is subject to interpretation as to whether defendants have a right to an attorney in a civil court proceeding -- even if the penalty is jail.

Under the new policy, the defendants will be arrested and brought before a judge so they'll be assured of attending their hearings, Boudewyns said.

"The unresolved issue now is whether the court is going to start appointing counsel for these guys," Walczak said. "We will not take action until and unless they resume putting people in jail without hearings and appointed lawyers."



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