The state has dismissed criminal contempt of court charges filed in January against Lebanon County attorney Lebanon County attorney George Christianson.
Senior Lancaster County Judge Howard F. Knisely signed on Wednesday, April 10, the order stating that the Commonwealth of Pennsylvania was withdrawing its charges against Christianson.ย
Knisely was assigned this case after Lebanon County’s judges recused themselves because the case involved a Lebanon County magisterial district judge.
Read More: MDJ finds attorney George Christianson in contempt, orders jail; appeal filed
Christianson was convicted of a summary offense on Feb. 23 by Magisterial District Judge Aurelis Figueroa following a Jan. 18 eviction hearing before her. Figueroa accused Christianson of calling her an uncomplimentary name after the dismissal of the eviction case, leading to the contempt charge, according to Greer Anderson, Christiansonโs attorney.
Anderson said he and an attorney in the state Attorney Generalโs office had reached out to Judge Knisely to let him know that โthey had an agreement that the state would withdraw the charges and the judge was happy to accommodate that (agreement).โ
Anderson had filed a motion with the Lebanon County Court of Common Pleas on March 1 seeking dismissal of the charges based on a statute that says attorneys are โofficers of the court,โ meaning they canโt be charged with that crime.
โOnce the Attorney General got ahold of it, actually read the law and knew that this did not apply, they were not going to go forward with it,โ said Anderson. โWe were, and I know my client was, in particular, disappointed that the judge tried to charge him with this in the first place when a plain reading of the law clearly shows that it did not apply here.โ
Brett Hambright, a spokesman with the state Attorney Generalโs office, provided the following statement via email to LebTown: โBased on our review of the relevant law, a magisterial district judge is not legally authorized to hold an officer of the court in contempt.โ
Anderson said his client wants to put this in the past and would not be willing to speak to LebTown about the case, and an employee who answered the phone in the judgeโs office on Friday afternoon said Judge Figueroa would not speak to LebTown about the Christianson case. Figueroa is the magisterial district judge for five wards in the City of Lebanon.
Anderson said he tried to stop the case from moving forward at Christiansonโs sentencing on Feb. 23 by informing Figueroa of the statute that prevented his client from being charged.
โAt the hearing for that, I tried to provide information to inform the judge of what โofficers of the courtโ meant and what the law actually said, but she didnโt listen,โ said Anderson. โShe proceeded to charge him and sentence him, so we have a judge that wasnโt willing to follow the law.โ
Christianson was sentenced to 72 hours in Lebanon County Correctional Facility, but an appeal filed later that same day to the Court of Common Pleas stopped the jail sentence pending a decision.
โWeโre really happy that it didnโt go any further, that the legal system worked in this case, that my client has been exonerated and he doesnโt have to deal with this anymore,โ said Anderson. โMy client is happy that this is over and the right thing happened in the end.โ
Anderson said he didnโt tell the court that the judge was the one who filed the charges and was also sentencing Christianson because he knew the โofficers of the courtโ statute would get the case resolved in his clientโs favor.
โWe did not raise that issue and it does seem kind of odd that the reported victim is the judge and jury, which is kind of how not our system works,โ said Anderson. โI didnโt address that on the appeal because at that point it didnโt matter. We were up to the common pleas level and I knew at that point that the courts are reliable in following the law. The statute is so clear that once we got to that level that at some point it was going to be dismissed or withdrawn.โ
Anderson added that Figueora canโt appeal the decision since that would constitute double jeopardy.
โI donโt think that there is any avenue to pursue contempt,โ said Anderson. โShe canโt do it anyway because heโs already gone through this process and it was dismissed. The law wouldnโt allow it.โ
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