Erie County will add a $250 countywide booking-center fee to court costs beginning in February, Erie County public defender Nicole Stone Coderlic said, a change she warned will disproportionately affect low-income and disabled defendants.

The fee, approved recently by the court, will be assessed at both the magistrate level and in the Court of Common Pleas, Coderlic said. She cited studies, including work by the American Civil Liberties Union, showing that lower court costs increase the likelihood that defendants can pay their obligations: "keeping costs at around $200 allow 75% of defendants to fully pay their obligation," she said.

Coderlic said higher fees reduce payment rates and can create a cycle of debt and sanctions for people with limited incomes. "If someone can't pay, it can lead to penalties like the loss of a driver's license or even jail time," she said, adding that defendants sometimes forgo rent or utilities to avoid missing required court payments.

Data cited by Coderlic put the problem in context: she said more than half of Pennsylvania public defender clients still owe court costs after 10 years and that only 62% of criminal case costs in Pennsylvania are collected after a decade. She also referenced national financial vulnerability: "With 40% of Americans unable to cover a $400 emergency, it's no surprise that defendants struggle with court costs that exceed that amount."

Coderlic described practical steps defendants can take. At sentencing, she said, people should ask judges to limit costs, credit jail or treatment time toward fines, or impose minimal fines. If costs are already imposed and are unaffordable, she recommended asking for a "payment determination" hearing. She said the Erie County public defender's office provides templates to petition the court for a reduction, waiver, or payment plan.

Coderlic also noted a specific rule she described as "legal authority" that can apply to people whose only income is Social Security: payments may be suspended until they are able to work. She advised defendants to work with the collection division of the adult probation department if obligations were imposed in the Court of Common Pleas and to communicate with magistrate courts if fines originated there.

On restitution, Coderlic emphasized the legal distinction between restitution and court costs: "Restitution is owed to a victim, so it's not treated the same," and she said defense lawyers should contest restitution requests that exceed what the facts support. Courts can modify monthly restitution payments, she added, but rarely excuse the obligation entirely.

Coderlic closed with advice for people facing enforcement actions: "Don't ignore it. Communicate openly with the magistrate courts or probation. There are often ways to reduce or adjust payments if you ask," and recommended seeking a public defender to advocate at contempt hearings.

The county's decision to set the booking-center plan fee at $250 contrasts with other counties Coderlic said have adopted $50 or $60 fees. She characterized the higher Erie fee as "guaranteed to be a financial burden to the poor, especially the disabled."