Behr v. Behr

695 A.2d 776, 548 Pa. 144, 1997 Pa. LEXIS 1007
CourtSupreme Court of Pennsylvania
DecidedMay 21, 1997
StatusPublished
Cited by31 cases

This text of 695 A.2d 776 (Behr v. Behr) is published on Counsel Stack Legal Research, covering Supreme Court of Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Behr v. Behr, 695 A.2d 776, 548 Pa. 144, 1997 Pa. LEXIS 1007 (Pa. 1997).

Opinions

OPINION

NEWMAN, Justice.

Louis H. Behr (Appellant) appeals from the Order of the Superior Court affirming his ten-day. jail sentence imposed by the Court of Common Pleas of Philadelphia County for criminal contempt.1 Because we hold- that statutory criminal contempt does not extend to behavior that fails to disrupt courtroom proceedings, we reverse the Order of the Superior Court and vacate Appellant’s judgment of sentence.

Appellant and his former wife Patricia Franklin were divorced in 1989. They have been involved in protracted litigation regarding the custody and support of their four children in the courts of Philadelphia County and Montgomery County, in Pennsylvania, and Kent County, Delaware. On August 18, 1994, Judge Allan Tereshko, Philadelphia Court of Common Pleas, Family Court Division (Family Court) held a hearing on various petitions and motions filed by the parties. Appellant appeared pro se, and counsel represented Mrs. Franklin. After hearing testimony, the court made the following decisions: (1) granted Mrs. Franklin’s Petition for Special Relief seeking to enjoin the workers’ compensation carrier of Appellant’s former employer from disbursing any award of compensation to Appellant; (2)- granted Mrs. Franklin’s Petition for Contempt based on Appellant’s failure to comply with the Family Court’s Order dated April 6, 1992, directing Appellant to pay $1,283.88 for Mrs. Franklin’s legal fees; (3) took under advisement Mrs. Franklin’s Petition for Additional Counsel Fees; (4) denied Appellant’s Motion for Recusal of Judge Tereshko; (5) denied Appellant’s Petition to Proceed In Forma Pau-peris; and (6) denied Appellant’s Petition to Rescind a Portion of the April 6,1992 Order.

Our review of the record indicates that the hearing proceeded without incident. Although the record demonstrates that Appellant criticized the way the courts had handled his ease, he conducted himself in a respectful manner. The Court was courteous to the Appellant and sustained his objections when appropriate. The hearing ended at 1:00 p.m., with the Court noting that further proceedings were scheduled for August 30, 1994.

After the hearing concluded, the Appellant, who suffers from a disability, walked out of the courtroom leaving two exhibit boxes behind for his daughter to remove. Shortly after that, an unidentified member of the courtroom staff informed Judge Tereshko that the word “DEATH” was written on the lid of a storage box that Appellant had brought to court.2 Judge Tereshko recon[778]*778vened the hearing fifteen minutes later to ask Appellant about the box, and then requested that counsel for Mrs. Franklin question him. Appellant testified that he received the box and lid from the photocopying company that prepared his exhibits. Although he was aware that the word “DEATH” appeared on the lid when he received the box, he thought nothing of it. He had brought the box to court on previous occasions without incident.

On the morning of the hearing, Appellant’s daughter brought the storage box into the courtroom, and the court crier placed it under counsel’s table, where it remained unseen by Judge Tereshko throughout the proceedings.3 Appellant testified that the side of the lid where the word “DEATH” was written was not facing the bench during the hearing. He did not know if the word “DEATH” was pointed in Mrs. Franklin’s direction because he did not set the box under the table. No witnesses testified that they noticed the word “DEATH” the lid of the box while the original hearing was taking place. When Appellant asked if he could open the box, the court recessed the proceedings so that a deputy sheriff could inspect the contents. When the hearing resumed, the deputy sheriff testified that the box contained briefs, petitions, other documents and a tape.

The court next allowed Mrs. Franklin’s counsel to question Appellant on the apparently unrelated issue of whether Appellant had recently reported that a missing child was being kept at the Franklins’ home. Judge Tereshko then held Appellant in criminal contempt of court, and ordered him incarcerated for ten days.

Appellant filed an immediate appeal to the Superior Court. He served six days of his ten-day jail sentence before the Superior Court issued a per curiam order staying his sentence and released Appellant pending its full consideration of his appeal. After a Superior Court panel in a 2 — 1 decision affirmed his sentence, Judge Tereshko issued a bench warrant for Appellant’s arrest. On February 7, 1996, Appellant was arrested and again incarcerated. He filed an emergency petition in this Court to stay his sentence, which we granted on February 9,1996. Accordingly, Appellant has already spent eight days in jail for contempt.

Courts use contempt powers to maintain effective control of proceedings. In Chambers v. NASCO, 501 U.S. 32, 111 S.Ct. 2123, 115 L.Ed.2d 27 (1991), the United States Supreme Court restated this traditional authority:

It has long been understood that certain implied powers must necessarily result to our Courts of justice from the nature of their institution, powers which cannot be dispensed with in a Court, because they are necessary to the exercise of all others. For this reason, Courts of justice are universally acknowledged to be vested, by their very creation, with power to impose silence, respect, and decorum, in their presence, and submission to their lawful mandates. These powers are governed not by rule or statute but by the control necessarily vested in courts to manage their own affairs so as to achieve the orderly and expeditious disposition of cases.

Id. at 43, 111 S.Ct at 2132.4 (citations and internal quotes omitted).

This Court has long upheld a court’s power to maintain courtroom authority. In Commonwealth v. Africa, 466 Pa. 603, 353 A.2d 855 (1976), we stated:

During the course of a trial, a summary proceeding to protect the orderly administration of justice is perfectly proper, even [779]*779when the court is personally attacked. The court must be able to control those appearing before it, and must be able to use its power summarily to avoid interference with the principal matter before the court.

Id. at 623, 353 A.2d at 865. Thus it is undisputed that a judge must have broad discretion to maintain control in his courtroom.

In 1978, the Pennsylvania Legislature specifically limited the courts’ contempt powers, by Section 4132 of the Judicial Code, 42 Pa.C.S. § 4132:

The power of the several courts of this Commonwealth- to issue attachments and to impose summary punishments for con-tempts of court shall be restricted to the following cases:
(1) The official misconduct of officers of such courts respectively.
(2) Disobedience or neglect by officers, parties, jurors or witnesses of or to the lawful process of the court.
(3) The misbehavior of any person in the presence of the court, thereby obstructing the administration of justice.

We acknowledged this limitation in Matter of Campolongo, 495 Pa.

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Bluebook (online)
695 A.2d 776, 548 Pa. 144, 1997 Pa. LEXIS 1007, Counsel Stack Legal Research, https://law.counselstack.com/opinion/behr-v-behr-pa-1997.