Commonwealth v. BETHEA

282 A.2d 246, 445 Pa. 161

Opinions

Opinion by

Me. Justice Eagen,

The appellants herein were adjudged guilty of Contempt of Court in the court below. In each case, a prison sentence was imposed and these appeals were entered. The three cases were consolidated for argument before this Court and will be disposed of in this one opinion.

On April 10, 1969, the appellant, Benjamin Franklin Bethea, Jr., was adjudged guilty of Contempt of Court for conduct occurring on January 27, 1969, and was sentenced to imprisonment for a period of one year. On April 10, 1969, the appellant William Boyer, was adjudged guilty of Contempt of Court for conduct occurring both on January 24 and February 6, 1969,¹ and was sentenced to imprisonment for a period of one year. On April 10, 1969, the appellant, Robert Victor Boyer, was adjudged guilty of Contempt of Court for conduct occurring on April 10th, and was sentenced to imprisonment for a period of three months.

In each case a pretrial motion for a jury trial, was denied, and the contempt adjudications were entered following a hearing before a court en banc.

The adjudications and sentences in the cases of Bethea and William Boyer must be reversed because the denial of a jury tidal in these instances violated constitutional due process. See Duncan v. Louisiana, 391 U.S. 145, 88 S. Ct. 1444 (1968), and Baldwin v. New York, 399 U.S. 66, 90 S. Ct. 1886 (1970).

In Duncan, supra, the Supreme Court of the United States ruled that the Sixth Amendment of the United States Constitution, as applied to the states through the Fourteenth Amendment, requires that individuals accused of “serious offenses” must be afforded the right to trial by jury.² This includes those who are accused of criminal contempt. Bloom v. Illinois, 391 U.S. 194, 88 S. Ct. 1477 (1968). And an offense for which a term of imprisonment is imposed which exceeds six months is a “serious offense”. Baldwin v. New York, supra.

We will not now detail the conduct of Bethea and William Boyer that caused the citations for contempt to be issued against them, but it is clear that these acts constituted criminal contempt. See Knaus v. Knaus, 387 Pa. 370, 127 A. 2d 669 (1956) ; Snyder’s Case, 301 Pa. 276, 152 A. 33 (1930); and Scouten’s Appeal, 186 Pa. 270, 40 A. 481 (1898).

The trial resulting in the adjudication and sentence of Robert Victor Boyer also violated constitutional due process, but for reasons other than those present in the cases of Bethea and William Boyer. In this ease the record discloses the following:

Robert Victor Boyer [a brother of William] was a spectator at the contempt hearings of Bethea and William Boyer. After the sentences were imposed he arose from his seat and proceeded to walk towards the door of the court room. Near the door, he said in a voice loud enough to be heard by the court reporter, “You will never do it Jack.” One of the members of the court directed that Boyer be taken into custody “right away”; that he be searched and “secured”; and, that he be tried for contempt immediately. Since the accused was without counsel, Robert B. Going, Esq., who was also a spectator in the court room was appointed to represent him.

Mr. Going asked the court that he “be given a little time” to study the case, but this request was denied. Court was then advised that Boyer did not wish Mr. Going to represent him and wanted an opportunity to engage and consult his own personal attorney. The court then excused • Mr. Going from participating in the case, but refused Boyer’s request for time to' engage his own attorney. The hearing then proceeded without Boyer having the assistance of counsel. At the conclusion of the hearing, Boyer was adjudged guilty of contempt and was sentenced to serve three months in prison.-

Due process required that Boyer have the effective assistance of legal counsel during the proceedings. Assuming arguendo, that the court properly denied Boyer the opportunity of engaging private counsel, the counsel appointed by the court was at least entitled to a reasonable period of time to acquaint himself with the law and the facts in order to effectively represent his client.

Adjudications and judgments reversed.

Mr. Justice Cohen took no part in the decision of this case.

Mr. Justice Jones concurs in the result.

Footnotes

1

Two separate citations against William Boyer were issued by the court. One involved his alleged contemptuous conduct on January 24th and the other for his alleged contemptuous conduct on February 6th. However, a single adjudication of contempt was entered by the trial court and one judgment of sentence was imposed.

2

The ruling in Unman applies to every trial which commenced on or after May 20, 1968. DeStefano v. Woods, 392 U.S. 631, 88 S. Ct. 2093 (1968).