They also noted that many states handle parking ticket appeals in district courts, small-claims courts, or before judicial officers, with significantly lower or no filing fees.
In the SJC’s ruling, Justice Robert J. Cordy wrote that the law requiring a filing fee does not violate anyone’s access to the courts, given that a waiver is available for the indigent and that the fees help reduce frivolous appeals in an al ready overburdened judicial system.
“The government interest in judicial economy and deterrence of frivolous appeals is substantial,’’ he wrote. “Municipalities issue millions of parking citations annually and [the law] provides procedural mechanisms to root out human error, while the filing fees imposed for formal judicial review are legitimately calculated to conserve court resources.’’
William C. Newman, a Northampton lawyer who represented the plaintiffs, said the court’s ruling underscores the need for legislative action. He pointed out that a bill filed this year by state Representative Byron Rushing, Democrat of Boston, would change the law by allowing parking ticket appeals at small-claims sessions.
“In light of today’s decision, we hope the Legislature will act favorably on that sensible bill and protect access to courts,’’ Newman wrote in an e-mail.
Officials in the state attorney general’s office, which defended the law imposing the fees, declined to comment.
Mayor Clare Higgins of Northampton said the ruling was “reasonable’’ and said her city relies on revenues from parking tickets.
“Given the state of the courts of the Commonwealth, it’s reasonable for the Legislature to set a fee,’’ she said, adding that her city issues an average of 45,000 tickets a year, which she expects to raise about $900,000 this fiscal year. “I think the decision was reasonable and that it doesn’t unduly burden people or inhibit their access to justice.’’
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