Kenneth Boyden's action came despite a Delaware County Court order
directing the Yeadon district justice to transfer all cases involving his brother to Lacey.
The state Rules of Criminal Procedure, which govern district justices, say that a bond change before a hearing must be requested by a defense attorney or modified by a Common Pleas Court judge. Neither of these criteria were met in Garvin's case.
Unable to meet the new bond, Garvin spent 10 days in jail before pleading guilty before Lacey Wednesday to harassment and disorderly conduct charges for the incident involving officer Boyden.
Lacey sentenced him to time served, and Garvin was released from jail.
Today, Garvin faces a preliminary hearing in Yeadon District Court before Justice Boyden on the unrelated disorderly conduct charge, which includes a maximum fine of $372.
For several years, a series of Delaware County Court orders have transferred cases involving Robert Boyden out of Kenneth Boyden's court.
"My understanding is that the purpose of the order is to place all matters wherein a judicial determination needs to be made in my hands, to avoid the appearance of impropriety," Lacey said. "My understanding is that any discretionary decisions to be made are up to me."
Kenneth Boyden, who presides in the Yeadon and East Lansdowne District Courts, said Wednesday that he could not recall the specifics of Garvin's two cases and was uncertain as to why he raised the bond in the one case. He said he did not think it was unusual for him to change another district justice's bond before a hearing.
He added that he "did not necessarily know" his brother was involved in the case.
Court records show that Garvin's first arrest came Nov. 18 when Boyden and Officer Robert Frazier stopped Garvin and a friend in the 800 block of Church Street because they matched the description of two robbery suspects.
