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Rule 140 – Contempt Proceedings Before Magisterial District Judges and Pittsburgh Magistrates Court Judges

May 14, 2021 | Criminal Procedure, Pennsylvania

(A) CONTEMPT IN THE PRESENCE OF THE COURT

(1) An issuing authority may summarily hold an individual in contempt for misbehavior in the presence of the court that obstructs the administration of justice, and, after affording the individual an opportunity to be heard, may impose a punishment of a fine of not more than $100 or imprisonment for not more than 30 days or both.
(2) The issuing authority shall orally advise the contemnor of the right to appeal within 30 days for a trial de novo in the court of common pleas, and that:

(a) any punishment shall be automatically stayed for a period of 30 days from the date of the imposition of the punishment;
(b) if the contemnor files an appeal within the 30-day period, the stay will remain in effect pending disposition of the appeal;
(c) when the punishment is imprisonment, the contemnor has the right to assistance of counsel for the purpose of the de novo hearing in the court of common pleas, and, if the contemnor is without financial resources or otherwise unable to employ counsel, counsel will be assigned as provided in Rule 122;
(d) the contemnor must appear in the court of common pleas for the de novo hearing or the appeal may be dismissed; and
(e) unless a notice of appeal is filed within the 30-day period, on the date specified by the issuing authority, the contemnor must:

(i) pay any fine imposed; and
(ii) appear before the issuing authority for execution of any punishment of imprisonment.
(3) The issuing authority shall issue a written order of contempt, in which the issuing authority shall:

(a) set forth the facts of the case that constitute the contempt;
(b) certify that the issuing authority saw or heard the conduct constituting the contempt, and that the contempt was committed in the actual presence of the issuing authority;
(c) set forth the punishment imposed, and the date on which the contemnor is to pay any fine or to appear for the execution of any punishment of imprisonment; and
(d) set forth the information specified in paragraph (A)(2).
(4) The order of contempt shall be signed by the issuing authority, and a copy shall be given to the contemnor.
(B) CONTEMPT NOT IN THE PRESENCE OF THE COURT

(1) INSTITUTION OF PROCEEDINGS

(a) An issuing authority may institute contempt proceedings by either

(i) giving written notice to the alleged contemnor of the time, date, and place of the contempt hearing, or
(ii) when deemed appropriate by the issuing authority, issuing an attachment by means of a warrant, whenever a person is alleged to have (a) failed to obey a subpoena issued by the issuing authority; (b) failed to comply with an order of the issuing authority directing a defendant to pay fines and costs in accordance with an installment payment order; (c) failed to comply with an order of an issuing authority directing a defendant to compensate a victim; or (d) failed to comply with an order of an issuing authority in any case in which the issuing authority is by statute given the power to find the person in contempt.
(b) If the proceedings are instituted by notice, the notice shall:

(i) specify the acts or omissions and the essential facts constituting the contempt charged;
(ii) advise what the punishment may be for a finding of contempt in the case;
(iii) if, in the event of a finding of contempt, there is a likelihood that the punishment will be imprisonment, advise the alleged contemnor of the right to the assistance of counsel and that counsel will be assigned pursuant to Rule 122 if the alleged contemnor is without financial resources or is otherwise unable to employ counsel; and
(iv) advise the alleged contemnor that failure to appear at the hearing may result in the issuance of a bench warrant.
(c) The notice shall be served in person or by both first class and certified mail, return receipt requested.
(2) HEARING

(a) The hearing shall be conducted in open court, and the alleged contemnor shall be given a reasonable opportunity to defend.
(b) At the conclusion of the hearing:

(i) The issuing authority in open court shall announce the decision, and, upon a finding of contempt, impose punishment, if any.
(ii) If the issuing authority finds contempt and imposes punishment, the issuing authority shall orally advise the contemnor of the right to appeal within 30 days for a trial de novo in the court of common pleas, and that:

(a) any punishment shall be automatically stayed for a period of 30 days from the date of the imposition of the punishment;
(b) if the contemnor files an appeal within the 30-day period, the stay will remain in effect until disposition of the appeal;
(c) when the punishment is imprisonment, that the contemnor has the right to assistance of counsel for the purpose of the de novo hearing in the court of common pleas and, if the contemnor is without financial resources or otherwise unable to employ counsel, that counsel will be assigned as provided in Rule 122;
(d) the contemnor must appear in the court of common pleas for the de novo hearing or the appeal may be dismissed; and
(e) unless a notice of appeal is filed within the 30-day period, on the date specified by the issuing authority, the contemnor must:

(i) pay any fine imposed; and
(ii) appear before the issuing authority for execution of any punishment of imprisonment.
(iii) If the issuing authority finds contempt and imposes punishment, the issuing authority shall issue a written order of contempt setting forth:

(a) the facts of the case that constitute the contempt;
(b) the punishment imposed, and the date on which the contemnor is to pay any fine or to appear for the execution of any punishment of imprisonment; and
(c) the information specified in paragraph (B)(2)(b)(ii).
(iv) The order of contempt shall be signed by the issuing authority, and a copy given to the contemnor.
(v) Whether or not the issuing authority finds an individual in contempt for failure to comply with an order to pay restitution or to pay fines and costs, the issuing authority may alter or amend the order. If the issuing authority alters or amends the order, the issuing authority shall:

(a) issue a written order setting forth the amendments and the reasons for the amendments, make the order a part of the transcript, and give a copy of the order to the defendant; and
(b) advise the defendant that the defendant has 30 days within which to file a notice of appeal of the altered or amended order pursuant to Rule 141.
(c) The issuing authority shall not hold a contempt hearing in the absence of the alleged contemnor. If the alleged contemnor fails to appear for the contempt hearing, the issuing authority may continue the hearing and issue a bench warrant.
(3) PUNISHMENT

Punishment for contempt may not exceed the limits set forth as follows:

(a) Whenever a person is found to have failed to obey a subpoena issued by the issuing authority, punishment may be a fine of not more than $100. Failure to pay the fine within a reasonable time may result in imprisonment for not more than 10 days.
(b) Whenever a person is found to have failed to comply with an order of the issuing authority directing a defendant to pay fines and costs in accordance with an installment payment order, punishment may be imprisonment for not more than 90 days.
(c) Whenever a person is found to have failed to comply with an order of an issuing authority directing a defendant to compensate a victim, punishment may be a fine of not more than $100 or imprisonment for not more than 30 days, or both.

234 Pa. Code ยง 140

Amended by Pennsylvania Bulletin, Vol 48, No. 03. January 20, 2018, effective 1/20/2018

Committee Explanatory Reports:

Final Report explaining the provisions of new Rule 30 published with the Court’s Order at 27 Pa.B. 5405 (October 18, 1997) .

Final Report explaining the March 1, 2000 reorganization and renumbering of the rules published with the Court’s Order at 30 Pa.B. 1478 (March 18, 2000) .

Final Report explaining the March 26, 2004 Comment revision concerning right to counsel published with the Court’s Order at 34 Pa.B. 1931 (April 10, 2004) .

Final Report explaining the amendments concerning limitations on punishment for contempt published with the Court’s Order at 42 Pa.B. 1367 (March 17, 2012) .