Commonwealth v. Pruitt

764 A.2d 569, 2000 Pa. Super. 381, 2000 Pa. Super. LEXIS 4098
CourtSuperior Court of Pennsylvania
DecidedDecember 12, 2000
StatusPublished
Cited by18 cases

This text of 764 A.2d 569 (Commonwealth v. Pruitt) is published on Counsel Stack Legal Research, covering Superior Court of Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Commonwealth v. Pruitt, 764 A.2d 569, 2000 Pa. Super. 381, 2000 Pa. Super. LEXIS 4098 (Pa. Ct. App. 2000).

Opinions

HUDOCK, J.:

¶ 1 In this appeal, Appellant seeks review of an order that imposed a fine of $35.00 upon him in relation to his appearance before the Court of Common Pleas of Philadelphia County on September 15, 1999. Because we find that the trial court abused its discretion in holding Appellant in contempt of court, we reverse.

¶ 2 Appellant appeared in the courtroom of the Honorable M. Teresa Sarmina in his capacity as Public Defender on September 15, 1999. Appellant was assigned to handle all the Defender’s Association cases listed in the Motions Court. At the instant docket numbers, Appellant represented Darren Pruitt in defense of a Commonwealth appeal of a Municipal Court order that had discharged misdemeanor charges filed against Pruitt because of a violation of Pa.R.Crim.P. 6013 Prompt Trial — Municipal Court. Judge Sarmina [572]*572presided over Motions Court that day, as a part of her six-week assignment to Motions Court.

¶ 3 The September 15, 1999, date was the second listing for the Pruitt case. Approximately one month earlier, the case had been continued because the court stenographer had not prepared and distributed the notes of testimony from the Municipal Court proceedings, even though the Commonwealth had presented an order requesting that these notes be transcribed. When the case was called by Judge Sarmi-na this second time, the prosecutor stated that she still did not have the required transcript. The prosecutor informed Judge Sarmina that the stenographer’s files indicated that the notes had been delivered; nevertheless, the notes were not in the file. The prosecutor opined that either the District Attorney’s Office had never received the notes or they had been misplaced. In response, Judge Sarmina stated, “Well, if you would like this to be continued for [the stenographer] to provide whatever proof they have that your Office picked [the notes] up, I will do that, but you will be fined.” N.T., 9/15/99, at 3. After a slight pause in the discussion between the prosecutor and the judge, Appellant informed Judge Sarmina that he had a copy of the notes. He indicated that he had received the file for the Pruitt case the previous day and the notes were a part of the file, although Appellant did not know when his office had obtained the notes.

¶ 4 At that point, the prosecutor requested a short continuance so that she could review Appellant’s copy of the notes. The following then transpired:

THE COURT: And, [Appellant], I thought it was made clear to you that both the Defender Association attorneys and the District Attorneys are supposed to communicate with one another a day or two before the matters are listed to see if both sides have notes.
[APPELLANT]: Respectfully, as I stated, I received the file yesterday and the notes were there. I assumed, number one, that they had the notes if I had them.
THE COURT: [Appellant],...
[APPELLANT]: I know.
THE COURT: There is a policy in place because obviously on more than one occasion either one side or the other has notes but the other does not, otherwise there would be no need for such a policy to check with one another, if obviously you have them, that means that she has them.
[APPELLANT]: I did not get a call from anyone asking did I have the notes, nor did I make contact yesterday afternoon or evening with the District Attorney’s Office to tell them that I had the notes, Your Honor.
And I may partially be at fault for not doing that, but I got the file, Your Hon- or, and the notes were in there, and I saw the matter was listed tomorrow and I assumed that they had the notes.
I did not call over and I did not receive a call asking whether or not I had the notes, Your Honor.
THE COURT: Now, when you were reviewing the trial sheets for today, you knew it said no notes.
[APPELLANT]: Respectfully, I came in yesterday and reviewed the trial sheet and I photocopied the actual sheet.
THE COURT: And it says?
[APPELLANT]: And it said—
THE COURT: “No notes” how many times? Two times not ready.
[APPELLANT]: It did say that, Your Honor.
And because I opened my file when I got back to the office, I saw the notes were there, and they hadn’t been there two times. My file actually, Your Hon- or, does not have a prior listing on the front. My file has one listing, today.
THE COURT: [Appellant], is it not your understanding that what’s written on the trial sheets that you copied is [573]*573what the court clerk writes down basically letting everyone know what she has from her review of everything that is brought to this Court, which ordinarily it’s some 73, 74, 90, a hundred matters, she goes through them with great diligence and notes whether cases are here, whether they’re marked “Must be Tried Defense”, whether it’s a first listing, a third listing, whether there’s notes or not, whether something is ready or not, checks off whether the Defender Association is the attorney, she does an incredible amount of work, which then you came over and made a copy of and had the benefit of all of her labor, all for naught.
Had you in fact reviewed that certainly at least as of the time of this morning, you could have passed over the notes to [the assistant district attorney], who has not been sitting here doing nothing, but there were other matters that have been handled by other attorneys as well, and she could have looked at that briefly so the matter could have been disposed of today.
[APPELLANT]: And I believe that’s what I was doing, when I became aware, which is right at this moment. I walked in the room, she did not—
THE COURT: That’s when the case was finally called to the Bar that you noticed or paid attention to it.
[APPELLANT]: That is correct, Your Honor, I did not approach her and say, hey, I have the notes on this case.
The problem is that we are not receiving the list. I came here because I did not have a list at my office. If we had receive [sic] it maybe a couple of days ahead of time—
THE COURT: If you had received the list, that still would not have told you there were notes or not, depending on when the court clerk would have gotten around to being able to update, whenever that was. Maybe that was two days ago, maybe it was not. If you had a clean list with nothing on, how would that be any—
[APPELLANT]: I don’t know. Maybe I wouldn’t have seen anything on there.
Just for the record, I received no phone calls in advance that the notes were available from anyone during the last two or three weeks. I would like to just go on record with that. Obviously there’s a breakdown in communication.

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Cite This Page — Counsel Stack

Bluebook (online)
764 A.2d 569, 2000 Pa. Super. 381, 2000 Pa. Super. LEXIS 4098, Counsel Stack Legal Research, https://law.counselstack.com/opinion/commonwealth-v-pruitt-pasuperct-2000.