PITTSBURGH (AP) - The American Civil Liberties Union is accusing Lawrence
County court officials of improperly jailing some people accused of not
following child support orders.
About 40 people were in jail for civil contempt at one point last month,
but hadn't been allowed access to attorneys or given a hearing, ACLU
Pittsburgh branch executive director Witold Walczak said in a letter to
the president judge.
Lawrence County judges don't think they're doing anything wrong, but have
agreed to meet with the ACLU on Friday, said county court administrator
Phillip Boudewyns. Phone calls to President Judge Ralph Pratt were not
returned Thursday.
"It is the board of judges' opinion that, short of any other information
revealed by the ACLU, they are following the appropriate procedures for
nonsupport contempt proceedings," Boudewyns said Thursday.
Walczak, however, said based on discussions so far, he feels the ACLU is
"90 percent correct, if not 100 percent correct. We asked them repeatedly
to correct our understanding if it's wrong and they haven't done that."
The ACLU based its accusations on interviews with about 20 inmates and
their family members, as well as court orders and "knowledgeable sources
willing to discuss the situation," according to Walczak's Aug. 23 letter.
According to the ACLU, the county's policy for someone found guilty of
once having failed to pay child support is to essentially give them a
suspended sentence, usually for six months. If a payment is missed again,
the person is arrested for contempt of court and the suspended sentence
goes into effect.
"... The defendant has no opportunity to contest the asserted amount of
arrears, to explain or prove his inability to pay, or to present any other
defense," the letter said.
Boudewyns said the county notifies people when they miss child support
payments and that they are informed about a hearing, but some people may
not attend.
The county isn't denying anyone the right to an attorney who deserves it,
Boudewyns said, adding that a person isn't entitled to an appointed
attorney in civil cases such as child support orders.
The ACLU said courts have ruled that finding someone in civil contempt is
improper unless the person can comply with a court order, and civil
contempt can't be used to punish someone who can't afford to make child
support payments. Some of the defendants who have been jailed aren't able
to make payments, the group said.
"The right to appointed counsel applies to any proceeding, including
civil cases, that result in actual imprisonment," the letter said.
The ACLU said some of those jailed for nonsupport may deserve to be
there, but without access to counsel or a hearing, there's no way to tell.
Boudewyns said the county wants to meet with the ACLU to clear up any
misconceptions.
"If in fact there was something procedurally being done erroneously, we
would remedy that," Boudewyns said.
