A Bethlehem Magisterial District Judge who assessed court costs against an innocent defendant has been ordered to make a refund.

On Aug. 10, Judge Roy Manwaring II dismissed a expired meter violation filed against Ryan Woodmansee of Nazareth after photographic evidence was presented that the meter had malfunctioned. Though Woodmansee was exonerated, Judge Manwaring nevertheless ordered him to pay the court costs of $57.25, and directed that he do so before leaving his courtroom.

The United States Supreme Court has long held that it is unconstitutional to assess court costs against an innocent defendant.

On Aug. 13, Northampton County President Judge Michael Koury Jr. directed Judge Manwaring to return the costs improperly assessed. He pointed to a state law that provides the county pays all court costs when a defendant is acquitted. A Magisterial District Judge has no discretion to do otherwise.

Has Judge Manwaring assessed court costs against other innocent defendants? He has not returned a call asking that question.