Jul 23, 2008 1:12 pm US/Pacific
$5 Late Fine Overturned After 47-Page Appeal Filed
RIVERSIDE, Calif. (AP) ―
A prosecutor's $5 fine for being late to court was overturned after his boss filed a 47-page appeal.
The 4th District Court of Appeals ruled that Riverside County Superior Court Judge Helios Hernandez failed to give prosecutor Phillip Greenberg proper written notice before sanctioning him for being five minutes tardy to an April robbery case.
District Attorney Rod Pacheco petitioned the appeals court to overturn the fine on grounds that it violated rules governing contempt of court by imposing a fine without a written explanation.
The county has a huge backlog of criminal cases, and several have been dismissed because they exceeded the time limit for going to trial.
In February, Hernandez began fining lawyers $1 per minute for being late to criminal cases nearing the deadline.
Yesterday, Hernandez said he has stopped issuing the $1-a-minute fines.
Now, he warns attorneys the first time they are late.
(© 2008 The Associated Press. All Rights Reserved. This material may not be published, broadcast, rewritten, or redistributed.)
