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Hey Sue,
Yes, we have had some Private Criminal Complaints for Retail Theft. In our county, the DA’s office has to approve all private criminal complaints. Once they do, we issue a summons with a Fingerprint Order just like any other case.Hey Ed,
Yes, the SCJAP did a great job responding to the proposed bail rules. The response was sent to the Supreme Court’s Criminal Rules Committee as instructed. That is where the proposal came from. The proposal is for a change in the criminal rules of procedure. Any change has to be approved by the Supreme Court. There is no legislation involved, therefore, no need to contact any state legislators. There is no time table. The Rules Committee doesn’t meet again until sometime in April. They will discuss the proposal and comments and see what, if anything, they want to suggest to the Supremes.
I think I answered your questions. Anyone else is free to jump in. Thanks for starting a topic in the forum. Because I am registered, I received an automatically generated email with your post and an invitation to respond. Hopefully members will keep registering for the website and also register to receive notifications for this forum!
Thanks,
Dan BaranoskiThank you to everyone who replied to my email regarding the filing of a non traffic citation for an ordinance violation for failure to report or pay amusement taxes. The ordinance specifically states that the town tax collector has the authority to enforce the ordinance through a summary offense with a maximum penalty of not more than $600 plus costs and/or imprisonment of not more than 30 days. This was an odd situation and your help was greatly appreciated.
Russell Lawton
The enabling statute for the authority of local governments have all changed since the date of the cases cited by Judge Martin. For instance, the Borough Code (8 Pa. C. S. 3321) provides for the enforcement of ordinances. Certain offenses are designated for criminal enforcement and all others are designated as civil. Unless the tax can be placed in one of the criminal categories, then it would have to be enforced civilly. This is in the Borough Code adopted in 2014. If it is a township, then you would have to look in the appropriate authority for first class or second-class townships. Cities would also have a different enabling statute.
I had boroughs in my district and there was always a distinction between a violation for failure to file or report earned income taxes and the failure to pay which was enforced by a civil complaint. The scenario present was for the amusement tax, so there would have to specific language in the ordinance based on the language of the enabling statute.
If you conclude that it may be enforced criminally by a non-traffic citation, the procedure used to be that the tax collector would be entered as a law enforcement officer. There would have to be documentation provided to AOPC from the local municipality stating that the tax collector is authorized to enforce the ordinance and then the system would accept non-traffic citations issued by that person. Of course, this may have changed.
Dennis Joyce, Senior MDJ and SCJAP Solicitor
The intermediate appellate courts had split on whether an ordinance violation is civil or criminal.
The Commonwealth Court had held it is civil. 36 Pa.Cmwlth. 569 (1978), Commonwealth Court of Pennsylvania, Commonwealth v. Carter.
The Superior Court had held it is criminal. 247 Pa.Super. 494 (1977), Superior Court of Pennsylvania, Lower Merion Township vs. Schenk.
It appears now that the key is whether or not a possible prison sentence is prescribed in the ordinance itself. If so, the case is criminal. If not, the case is civil.
Thomas E. Martin Jr.
Magisterial District Judge (retired)
201 S Broad Street
Kennett Square, PA 19348
(610) 444 0285
fax (610) 444 5460
judiciary@verizon.netYour question was moved from the welcome post to the newly created Miscellaneous category. Hopefully someone will answer as more users get logged in to the new website. While I handle a lot of filings from PA Dept of Revenue for operating without a State Sales Tax License and things like that, I have never had any for failure to pay Earned Income Taxes.
