Commonwealth v. Shaffer

712 A.2d 749, 551 Pa. 622, 1998 Pa. LEXIS 1060
CourtSupreme Court of Pennsylvania
DecidedMay 19, 1998
Docket008 M.D. Appeal Dkt. 1996
StatusPublished
Cited by73 cases

This text of 712 A.2d 749 (Commonwealth v. Shaffer) 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. Shaffer, 712 A.2d 749, 551 Pa. 622, 1998 Pa. LEXIS 1060 (Pa. 1998).

Opinions

OPINION ANNOUNCING THE JUDGMENT OF THE COURT

CAPPY, Justice.1

The issue presented in this case is whether the trial court abused its discretion in dismissing the charges against appellee as a means of sanctioning the District Attorney for faffing to comply with a court order as to the time of trial. For the reason set forth herein we find that the trial court did abuse its discretion and thus, reverse the decision of the Superior Court and remand this matter to the trial court for a new trial.

On July 20, 1994 the trial court dismissed the charges of assault and harassment pending against appellee. The charges arose from an incident on June 27, 1991 when the police responded to appellee’s residence on an emergency call for assistance. The call for assistance was prompted by appellee’s physical assault on his wife. Appellee then proceeded to physically attack the police officer who responded to the call. As a result of this incident appellee was held for trial, which was set for December 2,1991.

Appellee failed to appear for trial on December 2, 1991 and a bench warrant was issued for his arrest. On January 20, 1992 the trial court granted the District Attorney’s motion pursuant to Rule 1100, Pa.R.Crim.P., to extend the time for trial until “sixty (60) days after availability” of appellee. Appellee was apprehended on May 3, 1994. Trial was scheduled for June 6, 1994. The case was not called for trial during the [625]*625June 6, 1994 trial term.2 Appellee’s ease was thus automatically moved to the next available trial term, August 1, 1994. On July 6, 1994 appellee moved to dismiss the charges for failure of the District Attorney to bring him to trial within 60 days of his availability as required by the Order of January 20, 1992.

On July 20, 1994 a hearing was held on appellee’s motion to dismiss. At the hearing the trial court determined that the sole reason appellee’s case was not called for trial during the June 6th term was the unavailability of the prosecuting attorney assigned to the case. The subpoenaed witnesses were however available, as were appellee and the public defender. The assigned prosecutor was unavailable because he was on vacation. At the conclusion of the hearing the trial court granted the motion to dismiss “because the Commonwealth disobeyed our January 20, 1992, Order which required the Commonwealth to bring Defendant to trial no later than 60 days after he became available for trial.” (Trial Court Opinion at p. 4) The Superior Court, in a memorandum opinion, relying solely upon the opinion of the trial court, affirmed the decision of the trial court, with Ford Elliot, J., dissenting. This court granted allowance of appeal.

The Sixth Amendment of the United States Constitution and Article 1, Section 9 of the Pennsylvania Constitution guarantee an accused the right to a speedy trial. This court adopted Pa.R.Crim.P., Rule 1100 as an administrative means of protecting the constitutional right to a speedy trial. Allegations that an accused has not been brought to trial in a timely fashion are normally addressed with reference to Rule 1100 and its constitutional underpinnings. However, in the case at bar, appellee’s speedy trial rights were not prejudiced by the District Attorney’s failure to bring appellee to trial within the sixty day limitation set in the January 20th court order, thus, Rule 1100 is not at issue. The question presented is whether, [626]*626in imposing the severe sanction of dismissal of the charges because of the violation of the court order, the trial court abused its discretion.

As this Court stated in Coker v. S.M. Flickinger Company, 533 Pa. 441, 447-8, 625 A.2d 1181, 1184-85 (1993):

The term “discretion” imports the exercise of judgment, wisdom and skill so as to reach a dispassionate conclusion, and discretionary power can only exist within the framework of the law, and is not exercised for the purpose of giving effect to the will of the judges. Discretion must be exercised on the foundation of reason, as opposed to prejudice, personal motivations, caprice or arbitrary action. Discretion is abused when the course pursued represents not merely an error of judgment, but where the judgment is manifestly unreasonable or where the law is not applied or where the record shows that the action is a result of partiality, prejudice, bias or ill will.

It is essential that orders of court issued by the presiding tribunal are complied with absent extraordinary circumstances. Here, at the request of the prosecutor, trial of this case was to take place within sixty (60) days after availability of appellee. On the original date set for trial, a date within the confines of the sixty (60) day framework, all of the witnesses, the accused, and his counsel appeared but, because the assigned prosecutor was unavailable, as he was on “vacation,” the trial did not take place. It is less than desirable, in a jurisdiction which does not have a twelve month criminal court trial calendar, and instead, disposes of its criminal cases by means of periodic terms of court, that a prosecutor’s personal vacation would take precedence over the trial of a criminal case to which he had been assigned some weeks prior. Furthermore, it is clearly disingenuous for that prosecutor to then argue that the trial court has no authority to enforce the order setting the date for trial. There are no extraordinary circumstances in the case sub judice which would condone a failure to abide by the subject order of court. Additionally, it is axiomatic that a court has inherent power to [627]*627enforce its own orders of court and that this court will not interfere with enforcement absent an abuse of discretion. Commonwealth v. Carson, 510 Pa. 568, 510 A.2d 1233 (1986); Commonwealth v. Waldman, 484 Pa. 217, 398 A.2d 1022 (1979).

Thus, the issue presented is not whether the court has the authority to sanction the Commonwealth for its failure to appear for trial on the date scheduled and, worse yet, on the date the Commonwealth itself had requested; but instead, whether the sanction employed is within the reasonable discretion of the trial court. This question was directly addressed by this court in Carson. In Carson, the trial judge dismissed the charges when the prosecutor assigned to the case failed to timely appear in his courtroom. The Superior Court reversed and reinstated the criminal charges; this court affirmed finding that the severe sanction of dismissal was unwarranted:

In criminal cases, sanctions may be imposed upon individuals, including counsel for either side; sanctions that vindicate the authority of the court to maintain its schedule and enforce its orders. The failure of a party to appear at a scheduled time must involve more than a mere failure of time; the failure must involve a failure of justice or prejudice to a defendant to justify the discharge of a criminal action. When such interests are not involved, the offending party may be otherwise sanctioned without defeating the public interest.

Carson, at 571-72, 510 A.2d at 1235.

In some cases, under some facts, it may be appropriate for a court to dismiss charges where the Commonwealth fails to abide by an order of that court.

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Cite This Page — Counsel Stack

Bluebook (online)
712 A.2d 749, 551 Pa. 622, 1998 Pa. LEXIS 1060, Counsel Stack Legal Research, https://law.counselstack.com/opinion/commonwealth-v-shaffer-pa-1998.