Commonwealth v. Staffen

21 Pa. D. & C.4th 4, 1992 Pa. Dist. & Cnty. Dec. LEXIS 1
CourtPennsylvania Court of Common Pleas, Somerset County
DecidedDecember 18, 1992
Docketno. 405 Criminal 1991
StatusPublished

This text of 21 Pa. D. & C.4th 4 (Commonwealth v. Staffen) is published on Counsel Stack Legal Research, covering Pennsylvania Court of Common Pleas, Somerset County primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Commonwealth v. Staffen, 21 Pa. D. & C.4th 4, 1992 Pa. Dist. & Cnty. Dec. LEXIS 1 (Pa. Super. Ct. 1992).

Opinion

CASCIO, J.,

This case is before us on Commonwealth’s petition to assess restitution. The petition results from a bill received by the Somerset District Attorney’s office from the Somerset Borough Police Department for salaries paid to two borough police officers while they attended a jury trial that commenced January 16, 1992 and concluded January 17, 1992. James M. Jacobs, Assistant District Attorney, subpoenaed the officers, Bradley Cramer and Anthony McKenzie, for the trial. McKenzie testified during the first day of the trial and Cramer did not testify at all. Both officers were present for both days of the trial.

At the conclusion of the trial, the jury found the defendant guilty of driving under the influence while alcohol by weight in the blood is. 10 percent or greater,1 and not guilty of driving under the influence to the extent she was incapable of safe driving.2 The court found defendant guilty of the summary charge of failing to drive within a single lane,3 and not guilty of the summary offense of failing to notify the Department of Transportation of her change of name or address.4

On January 27, 1992, the Borough of Somerset submitted a bill to the Somerset County District Attorney’s office for $630.10, the salary paid to Cramer and [6]*6McKenzie for the two days at trial. The amount represents eight and one-half hours each for January 16, 1992 and seven hours each for January 17, 1992 at $20,326 per hour. The Commonwealth then filed the petition which is the subject of this memorandum.

A hearing on Commonwealth’s petition was held September 14, 1992. Testimony at the hearing established that Trooper Craig Bowman of the Pennsylvania State Police had originally stopped defendant in Somerset Borough, and that, in response to Bowman’s request for assistance, Cramer and McKenzie reported to the scene of the stop. These officers arrived after Bowman had conducted field sobriety tests on the defendant. Testimony at the trial established that McKenzie then followed Bowman as he transported defendant to the hospital to have blood drawn. McKenzie was present when the blood was drawn and thereafter followed Bowman as he transported defendant to the state police barracks. Although Cramer was involved to a much lesser degree, both he and McKenzie were subpoenaed for the trial.

At the hearing, in addition to contesting the appropriateness of taxing these salaries as costs of prosecution, defendant contended that the officers could have been “on call,” thereby eliminating the need to pay both officers for two Ml days. Ronald Stem, Chief of the Somerset Borough Police Department, testified that if the officers would have been on call, several problems could have arisen including the officers not being available when needed, or not having their appropriate uniforms or weapons if called to duty. Stem also testified that the officers’ contracts required that if they were subpoenaed to testify, they would be paid at the overtime rate of pay rather than at their regular rate of pay. In addition, Stem testified that because the officers were [7]*7able to work their regular shifts on the days in question following their appearance in court, the borough also paid them for working those shifts at their regular rate of pay.

Stem also testified that this was the first time he had ever submitted this type of bill to the district attorney’s office.

James M. Jacobs testified that after analyzing the factual questions in the case, he concluded that he wanted both McKenzie and Cramer present at the trial. He also supported Stem’s contention that the “on call” basis would not be appropriate because he could not guarantee that the officers could get into court quickly enough after being called, and, furthermore, he wanted the officers available during the entire trial in. the event that he would have to call them for rebuttal.

DISCUSSION

42 Pa.C.S. §1726,5entitled “Establishment of taxable costs,” provides that

“[t]he governing authority shall prescribe by general mle the standard governing the imposition and taxation of costs, including the items which constitute táxable costs, the litigants who shall bear such costs, and the discretion vested in the courts to modify the amount and responsibility for costs in specific matters....”

The term “governing authority” is defined, in 42 Pa.C.S. §1026 as either (1) the Supreme Court; or (2) any [8]*8agency or unit of the unified judicial system exercising a power or performing a duty pursuant to section 1721 (relating to delegation of powers).

16 P.S. §14037 states that

“[a]ll necessary expenses incurred by the district attorney or his assistants or any officer directed by him in the investigation of crime and the apprehension and prosecution of persons charged with or suspected of the commission of crime, upon approval thereof by the district attorney and the court, shall be paid by the county from the general funds of the county. In any case where the defendant is convicted and sentenced to pay the costs of prosecution and trial, the expenses of the district attorney in connection with such prosecution shall be considered a part of the costs of the case and be paid by the defendant.”

The law governing costs of prosecution charged against the defendant has evolved from a narrow construction. In 1934, before section 1726 was enacted, the standard for assessing costs was more difficult to meet. In Commonwealth v. Baughman, 23 D.&C. 364 (1934), the court held that expenses incurred in guarding a defendant who was hospitalized could not be taxed against a defendant as costs of prosecution because of the narrow interpretation of 19 P. A. § 1223,8 the predecessor to section 1726. The Baughman court reasoned that the term “costs” included only items connected with actual presentation of testimony before the court. Id. at 368.

However, since the enactment of section 1726, the Superior Court has recognized that the courts of this Commonwealth have adopted a more expansive view [9]*9of the costs taxable against a convicted defendant. See generally, Commonwealth v. Davy, 456 Pa. 88, 317 A.2d 48 (1974) (cost of extraditing defendant from Texas to Pennsylvania in order to obtain his presence at his revocation of probation hearing was properly assessed against the defendant); Commonwealth v. Reese, 2 D.&C.3d 396 (1977) (monies expended by a drug enforcement officer in the purchase of marijuana were recoverable as costs of prosecution). Commonwealth v. Coder, 490 Pa. 194, 415 A.2d 406 (1980) (costs accruing from a change in venue were properly assessed against the defendant).

In Commonwealth v. Cutillo, 294 Pa. Super. 560, 440 A.2d 607 (1982), the Superior Court upheld a lower court’s ruling that the expenses incurred in guarding a defendant during his hospitalization from gunshot wounds received during commission of the criminal offenses were properly charged against the defendant as costs of prosecution.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Commonwealth v. Neiswonger
488 A.2d 68 (Supreme Court of Pennsylvania, 1985)
Commonwealth v. Davy
317 A.2d 48 (Supreme Court of Pennsylvania, 1974)
Commonwealth v. Cutillo
440 A.2d 607 (Superior Court of Pennsylvania, 1982)
Commonwealth v. Hower
406 A.2d 754 (Superior Court of Pennsylvania, 1979)
Commonwealth v. Coder
415 A.2d 406 (Supreme Court of Pennsylvania, 1980)

Cite This Page — Counsel Stack

Bluebook (online)
21 Pa. D. & C.4th 4, 1992 Pa. Dist. & Cnty. Dec. LEXIS 1, Counsel Stack Legal Research, https://law.counselstack.com/opinion/commonwealth-v-staffen-pactcomplsomers-1992.