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Writer's picturePeter Serefine

Justice Denied: The Barriers to Holding Local Government Accountable

Today, I stood in court seeking a refund of the fees from my Sunshine Law lawsuit against Bellefonte Borough. While I was granted the refund, the hearing highlighted a much deeper issue with our justice system—one that should concern every citizen.

The timeline of this case goes back to August 5, 2024, when Bellefonte Borough violated the Sunshine Law during a public meeting. The violation occurred when a resolution was introduced and passed in the same meeting, without allowing public comments on the resolution beforehand—a clear breach of the Sunshine Law’s intent to provide transparency and public input in government decisions. Even more concerning, during the following meeting, the Borough manager admitted that he knew what they were doing was wrong, yet nothing was done to correct it.

Initially, I planned to address this violation at the Borough’s next meeting. However, there was no second meeting in August scheduled, and the next available meeting wouldn’t take place until September 3, which was the 29th day of the 30-day window to file a Sunshine Law complaint. Faced with limited options and running out of time, I felt my only recourse was to file a lawsuit to address the violation.

On August 22, I filed my lawsuit, using forms provided by the Prothonotary’s office, which I believed to be correct. Unfortunately, I later learned that I had used the wrong form, and my case was dismissed without prejudice on August 30. To make matters worse, the dismissal order wasn’t processed and mailed until after the 30-day window for filing had passed, leaving me unable to refile my case within the required timeframe.

My case was dismissed not because it lacked merit, but due to a minor procedural error. The violation was clear, deliberate, and recorded on video. During today’s hearing, I asked the judge to use his equitable discretion—a legal principle that allows courts to focus on fairness and justice—to reinstate my case. After all, the procedural misstep of filing the wrong form caused no harm to the other party. However, that request was ignored. The judge acknowledged my lack of knowledge about civil law and informed me that I had 20 days to refile from the date of dismissal – twenty days that had already expired.  But how would I know that? I am an ordinary citizen, not a lawyer.

This entire situation underscores a fundamental flaw in our justice system: it should not be this difficult to hold local government accountable. When local officials blatantly break the law—especially in such an open and documented way—every citizen should have a reasonable path to challenge those actions. The Sunshine Law exists to ensure transparency in government, yet here I stand with no recourse because I didn’t know the intricacies of civil procedure.

In theory, every citizen has the right to challenge government wrongdoing. In practice, the system is so bogged down in legal technicalities that unless you’re trained in the law—or have the financial means to hire an attorney—your case can easily be dismissed on procedural grounds. This reality makes it nearly impossible for ordinary citizens to hold local officials accountable without significant expense or expertise.

Why should it be this way? The violation I witnessed was recorded on video. The Borough manager admitted their wrongdoing. Yet, because I filed the wrong form and didn’t know to refile within a new timeframe, nothing will be done about it. This is not justice.

What message does this send to other citizens? That unless you have a law degree or can afford a lawyer, your chances of holding your local government accountable are slim. Our system, which should be accessible to all, has instead become an obstacle course designed to trip up those without legal expertise.

Government transparency is crucial to a free society. When local officials violate laws designed to ensure that transparency, citizens should not have to navigate a legal labyrinth to bring attention to it. Justice should be about the merits of a case, not the technicalities of court procedures.

I walked out of that courtroom with my refund, but I also walked out with a sense of frustration. My case won’t be heard, not because it wasn’t valid, but because of bureaucratic hurdles. This experience has made one thing abundantly clear: the system is not set up for ordinary citizens. It is designed for those who can afford the time, money, and expertise to navigate its complexities.

We must demand a more accessible path to justice, one that doesn’t require a law degree or significant financial resources to hold local government accountable. Until then, violations like the one I witnessed will continue to go unchecked, and the citizens they affect will continue to be left without recourse.

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