More Categories

Rule 141 – Appeals from Contempt Adjudications by Magisterial District Judges and Pittsburgh Magistrates Court Judges

May 14, 2021 | Criminal Procedure, Pennsylvania

(A) An appeal authorized by 42 Pa.C.S. §§ 4137(d) and 4138(d) of the action of an issuing authority in a contempt proceeding shall be perfected by filing a notice of appeal within 30 days after the action of the issuing authority with the clerk of courts and by appearing in the court of common pleas for the de novo hearing.
(B) In all cases, the punishment imposed for contempt shall be stayed for 30 days from the imposition of the punishment. If an appeal is filed within the 30-day period, the stay shall remain in effect pending disposition of the appeal.
(C) The notice of appeal shall contain the following information:

(1) the name and address of the appellant;
(2) the name and address of the issuing authority who heard the case;
(3) the magisterial district number where the case was heard;
(4) the date of the imposition of punishment;
(5) the punishment imposed;
(6) the type or amount of bail furnished to the issuing authority, if any; and
(7) the name and address of the attorney, if any, filing the notice of appeal.
(D) Within 5 days after the filing of the notice of appeal, the clerk of courts shall serve a copy either personally or by mail upon the issuing authority.
(E) The issuing authority shall, within 20 days after receipt of the notice of appeal, file with the clerk of courts:

(1) the transcript of the proceedings;
(2) either the notice of the hearing or a copy of the attachment;
(3) the contempt order; and
(4) any bench warrant.
(F) Upon the filing of the transcript and other papers by the issuing authority, the case shall be heard de novo by the appropriate division of the court of common pleas as the president judge shall direct.

(1) If the judge assigned to hear the matter finds contempt and imposes punishment, the case shall remain in the court of common pleas for execution of any punishment, including the collection of any fines or costs.
(2) If the appellant fails to appear for the de novo hearing, the judge may dismiss the appeal and enter judgment in the court of common pleas on the judgment of the issuing authority.
(3) If the appellant withdraws the appeal, the judge may dismiss the appeal and enter judgment in the court of common pleas on the judgment of the issuing authority.

234 Pa. Code § 141

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 31 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 19, 2000) .

Final Report explaining the February 28, 2003 amendments concerning contempt appeals published with the Court’s Order at 33 Pa.B. 1326 (March 15, 2003) .

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