'Stay out' ruling upheld
PITTSBURGH A federal judge upheld a Pennsylvania court ruling that county judges can order a convicted criminal to stay out of a municipality after serving a prison sentence as long as the sentence is less than two years.
For longer terms, however, the judge said only the state Board of Probation and Parole has that authority.
The ruling came in the case of Robert E. Chambers II, 32, formerly of Arnold and New Kensington, who was convicted in cocaine cases in 2005 and 2006. He was sentenced to a combined 10 to 20 years in state prison, and Westmoreland County Judge Rita D. Hathaway also ordered him to stay out of Arnold, New Kensington and Lower Burrell after his release.
Chambers, who is incarcerated in the state prison in Albion, Erie County, filed unsuccessful appeals in state court and then took his case to federal court. Last month, Pittsburgh federal Judge Robert C. Mitchell ruled against him on several issues, such as the length of his sentence.
On the "stay out" order, Mitchell ruled that a county judge in the commonwealth can issue such an order when someone is sentenced to less than two years in jail.
Westmoreland County District Attorney John Peck said such orders are often sought to protect citizens, especially in sex abuse cases.
