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Rule 142 – Procedures Governing Defaults in Payment of Fine Imposed as Punishment for Contempt

May 14, 2021 | Criminal Procedure, Pennsylvania

(A) If a contemnor defaults on the payment of a fine imposed as punishment for contempt pursuant to Rule 140(A)(1) and (B)(3), the issuing authority shall notify the contemnor in person or by first class mail that within 10 days of the date on the default notice the contemnor must either:

(1) pay the amount due as ordered, or
(2) appear before the issuing authority to explain why the contemnor should not be imprisoned for nonpayment as provided by law, or a bench warrant for the contemnor’s arrest shall be issued.
(B) When the contemnor appears either in response to the paragraph (A)(2) notice or following an arrest with a warrant issued pursuant to paragraph (A), the issuing authority shall conduct a hearing to determine whether the contemnor is financially able to pay as ordered.

(1) Upon a determination that the defendant is financially able to pay as ordered, the issuing authority may impose imprisonment for nonpayment, as provided by law.
(2) Upon a determination that the contemnor is financially unable to pay as ordered, the issuing authority may order a schedule for installment payments.
(C) A contemnor may appeal an issuing authority’s determination pursuant to this rule by filing a notice of appeal within 30 days of the issuing authority’s order. The appeal shall proceed as provided in Rule 141.

234 Pa. Code ยง 142

Committee Explanatory Reports:

Final Report explaining the provisions of new Rule 32 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 3, 2004 rule changes deleting “show cause” published with the Court’s Order at 34 Pa.B. 1561 (March 20, 2004) .

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