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Woman raises concern over fees charged by court

Jeremy M. Lazarus | 2/25/2016, 9:43 p.m.
In the world of local courts that seems to have an endless list of fees and costs, one thing has ...

In the world of local courts that seems to have an endless list of fees and costs, one thing has always been free: Subpoenas and summonses for witnesses in a criminal case.

However, a recent incident has left a Richmond woman concerned that the policy has changed in Richmond Juvenile and Domestic Relations Court.

Documents provided to the Free Press by LaQuetta Massey show that staff at the court sought to charge her to call witnesses for her defense against a charge of failing to send her son to school.

The charge is a Class 3 misdemeanor, which would subject her to a fine of up to $500 if she was found guilty.

The documents show that Robin Mercer, a staff member at the court, told Ms. Massey on Jan. 13 she would have to pay a $12 sheriff’s fee to cover the cost of serving witnesses with subpoenas to appear at a Feb. 8 court hearing. Ms. Mercer notified the court’s clerk, Patricia Batley, by email on Jan. 21 of what she had told Ms. Massey. There is no indication that Ms. Batley notified Ms. Mercer that the charge did not apply in criminal matters.

However, in response to a Free Press query, Ms. Batley said there had been no policy change to charge people for subpoenas.

“This office is not currently charging for witness subpoenas in criminal matters. We are looking into concerns that have been raised regarding charging of such fees in criminal matters,” she stated in her email response Tuesday.

According to Ms. Massey, she asked Ms. Mercer for a copy of the court’s policy that would justify the imposition of a fee for subpoenas in a criminal case like hers.

Ms. Massey stated that Ms. Mercer provided policies pertaining to fees for subpoenas in custody cases and other civil matters.

“There was no fee listed in criminal cases,” Ms. Massey said. “She then said she was not going to provide anything to support the court’s charging me $12 per subpoena,” Ms. Massey stated.

Ms. Massey said, initially, she was not charged to subpoena witnesses when the hearing first was set for Jan. 4. But when she sought new subpoenas when the case was postponed until February, she was told she had to pay.

As it turned out, the case was dismissed at the request of the prosecutor, she said, and she didn’t need the witnesses.

However, Ms. Massey remained concerned that other people might face unexpected costs for trying to secure witnesses in criminal cases in the court.

“What happened was not right,” she said.