Commonwealth v. Rubright

414 A.2d 106, 489 Pa. 356, 1980 Pa. LEXIS 608
CourtSupreme Court of Pennsylvania
DecidedMay 2, 1980
Docket28, 29
StatusPublished
Cited by36 cases

This text of 414 A.2d 106 (Commonwealth v. Rubright) 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
Commonwealth v. Rubright, 414 A.2d 106, 489 Pa. 356, 1980 Pa. LEXIS 608 (Pa. 1980).

Opinions

[359]*359OPINION OF THE COURT

FLAHERTY, Justice.

This direct appeal1 is from an order of the Court of Common Pleas of Lancaster County holding appellant in contempt of court. For the reasons that follow, we reverse the judgment of sentence.

The relevant facts are as follows: Appellant, Thomas E. Harting, Esquire, is and was a public defender in Lancaster County. On Friday, July 16, 1976, in the course of representing a client at a suppression hearing, appellant made three objections to testimony given on direct examination by a police detective. The objections were as to hearsay utterances, and upon appellant’s making his third objection, the following occurred:

MR. HARTING: I’m objecting to what Mr. Miller said.
THE COURT: Objection overruled. Do you understand the difference between hearsay for truth and falsity—
MR. HARTING: Yes I do. Do you understand it, Your Honor?
THE COURT: Yes I do. I’ll speak to you later about this impertinence. Proceed.
MR. HARTING: Your Honor, I move that you replace yourself as a presiding judge and have another judge in this case.
THE COURT: I’ll speak to you later. Overruled.

(Notes of Suppression Hearing at 13).

At the conclusion of the suppression hearing on Friday afternoon, the judge dismissed everyone from the courtroom except for appellant, a clerk and a court reporter. At that time, the following exchange took place:

THE COURT: Now Mr. Harting, I did not understand the remark you made to the Court as to whether I knew something about the law, or words to that effect. What was the reason for that remark which I take to be an impertinence?
[360]*360MR. HARTING: I took it to be an impertinence when you asked the same question to me, Your Honor. If we are to have any kind of proper discussion on whether or not you or I understand the law, I think we ought to be on equal terms. I think, Your Honor, you’re a judge. You are paid forty thousand dollars a year. You should have the temperament and patience as that of an attorney, and when you ask questions and try to force attorneys and try to embarrass them in front of the court thing in front in open court, I think that you are not doing your judicial function.
THE COURT: And you think that question I asked you was a question which was deemed and intended to embarrass you?
MR. HARTING: It was in the same context as my question.
THE COURT: And you think—
MR. HARTING: They are almost identical.
THE COURT: And you think my question to you was intended to embarrass you?
MR. HARTING: If you thought the question I asked you was intended to be one of impertinence — yes.
THE COURT: And you think that was the intention of the Court — to embarrass you?
MR. HARTING: There was no doubt it was taken that way. In other words, you asked me if I understood the law.
THE COURT: Is there anything further you wish to say about this?
MR. HARTING: No, Your Honor.
(Whereupon the hearing adjourned.)

(Notes of Suppression Hearing at 34-36).

On Monday morning, July 19, 1976, the judge held appellant in contempt of court and ordered him to appear later that afternoon for sentencing. At the sentencing proceeding, appellant appeared, with counsel, before all four judges of the Lancaster County Court and his counsel was given an [361]*361opportunity to speak on his behalf. Appellant apologized to the court at that time for his previous behavior. Finally, the President Judge administered a severe reprimand to appellant for his disrespectful conduct.

The statute upon which our jurisdiction is based states, in relevant part: “The Supreme Court shall have exclusive jurisdiction of appeals from final orders of the Courts of Common Pleas in any of the following classes of cases . (5) direct criminal contempt . . . .”2 (emphasis added). Appellate Court Jurisdiction Act, supra Note 1. Appellee objects that this appeal is premature, arguing that the court below did not enter a judgment of sentence on appellant’s conviction and that a conviction without a sentence is not a final order. Thus, we must determine initially whether the “severe reprimand” which was administered to appellant as the sanction for his contemptuous remarks constitutes a judgment of sentence, i. e., a final appealable order.

Traditionally, contempt is punishable by fine or imprisonment. See, 17 P.S. § 2042.3 The recently enacted Sentencing Code,4 however, authorizes a variety of sentencing alternatives, depending upon the circumstances of each case. 18 Pa.C.S.A. § 1321. One of the enumerated alternatives is “[a] determination of guilt without further penalty” 18 Pa.C.S.A. § 1321(a)(2), which may be imposed by the court “[i]f in light of all the circumstances, probation would be appropriate under § 1322 . . . ., but it appears that probation is unnecessary . . . .”5 18 Pa.C.S.A. § 1323.

[362]*362It appears that we have before us a sentence of “guilt without penalty.” Although an order of probation may have been appropriate in this case, it is apparent that probation was unnecessary.

In some instances, the court may decide that the needs of justice are fulfilled by a determination of guilt alone, without necessity for further penalty. The shame and trauma of public conviction may be punishment enough and there may be no need of any plan for ‘reformation’ or control. In such cases, the courts should be free to make such a judgment without requiring useless probation.

S. Toll, Pennsylvania Crimes Code Annotated, § 1323, (Supp. 1978) (Report of Special Committee of Pennsylvania Bar Association). Thus, the lower court, in meting out a “severe reprimand”, acknowledged appellant’s guilt without imposing any other form of punishment. As such, we have a “determination of guilt without further penalty” as autho[363]*363rized by 18 Pa.C.S.A. §§ 1321,1323, which constitutes a final, appealable order.

Having determined that this case is properly before us, we now turn to a consideration of the merits. Appellant contends that the evidence was insufficient to support his contempt conviction under the Act of June 16, 1836, P.L. 784, § 23, 17 P.S. § 2041, reenacted as 42 Pa.C.S.A. § 4131, which provides, in pertinent part:6

The power of the several courts of this Commonwealth to issue attachments and to inflict summary punishments for contempts of court shall be restricted to the following cases, .
III. To the misbehavior of any person in the presence of the court, thereby obstructing the administration of justice, [hereinafter “subsection III”]

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Bluebook (online)
414 A.2d 106, 489 Pa. 356, 1980 Pa. LEXIS 608, Counsel Stack Legal Research, https://law.counselstack.com/opinion/commonwealth-v-rubright-pa-1980.