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Research Outline Contempt Sanctions in Orphans Court Orphans Court has jurisdiction over its decrees & has

as all equity powers at its disposal, probably throws it over to regular civil procedure find cases about process of civil contempt Whenever possible, cite to OC cases (trusts, wills, power of attorney etc.) o Where none of this, cite to civil case law Final piece Criminal Contempt o Criminal powers extreme, criminal contempt within orphans court if you can find anything Statutory Provisions dealing with Orphans Court & Contempt PA Consolidated Statutes Chapter 41 : Administration of Justice Subchapter C : Contempt of Court 4132 Attachment & Summary Punishment for Contempts o The power of the several courts of this Commonwealth to issue attachments and to impose summary punishments for contempts of court shall be restricted to the following cases: (1) The official misconduct of the 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. 4133 Commitment or fine for contempt o Except as otherwise provided by statute, the punishment of commitment for contempt provided in section 4132 (relating to attachment and summary punishment for contempts) shall extend only to contempts committed in open court. All other contempts shall be punished by fine only. 4134 Commitment for failure to pay fine o The court may order the sheriff or other proper officer of any county to take into custody and commit to jail any person fined for a contempt until such fine shall be paid or discharged. If unable to pay such fine, such person may be committed to jail by the court for not exceeding three months. 4135 Publication out of court o (a) General rule.--Publication out of court respecting the conduct of judges, magisterial district judges, other system or related personnel, jurors or participants in connection with any matter pending before any tribunal shall not be construed as a contempt of court on the part of the author, publisher or other person connected with such publication. o (b) Civil and criminal liability not affected.--If any publication specified in subsection (a) shall improperly tend to bias the minds of the public, or of the tribunal, other system or related personnel, jurors or participants in connection with any matter pending before any tribunal, any person

aggrieved thereby may proceed against the persons responsible for the publication by appropriate civil action or criminal proceeding. 4136 Rights of persons charged with certain criminal contempts o (a) General rule.--A person charged with indirect criminal contempt for violation of a restraining order or injunction issued by a court shall enjoy: o (1) The rights to bail that are accorded to persons accused of crime. o (2) The right to be notified of the accusation and a reasonable time to make a defense, if the alleged contempt is not committed in the immediate view or presence of the court. o (3) (i) Upon demand, the right to a speedy and public trial by an impartial jury of the judicial district wherein the contempt is alleged to have been committed. (ii) The requirement of subparagraph (i) shall not be construed to apply to contempts: (A) Committed in the presence of the court or so near thereto as to interfere directly with the administration of justice, or to apply to the misbehavior, misconduct, or disobedience of any officer of the court in respect to the writs, orders, or process of the court. (B) Subject to 23 Pa.C.S. 6114 (relating to contempt for violation of order or agreement). (C) Subject to 75 Pa.C.S. 4108(c) (relating to nonjury criminal contempt proceedings). o (4) The right to file with the court a demand for the withdrawal of the judge sitting in the proceeding, if the alleged contempt arises from an attack upon the character or conduct of such judge, and if the attack occurred otherwise than in open court. Upon the filing of any such demand, the judge shall thereupon proceed no further but another judge shall be designated by the court. The demand shall be filed prior to the hearing in the contempt proceeding. o (b) Punishment.--Except as otherwise provided in this title or by statute hereafter enacted, punishment for a contempt specified in subsection (a) may be by fine not exceeding $100 or by imprisonment not exceeding 15 days in the jail of the county where the court is sitting, or both, in the discretion of the court. Where a person is committed to jail for the nonpayment of such a fine, he shall be discharged at the expiration of 15 days, but where he is also committed for a definite time, the 15 days shall be computed from the expiration of the definite time. 4137 Contempt powers of magisterial district judges o (a) General rule.-- A magisterial district judge shall have the power to issue attachments and impose summary punishments for criminal contempts of a magisterial district judge court in the following cases: (1) Misbehavior of any person in the presence of the court, thereby obstructing the administration of justice.

(2) Failure of a person to obey lawful process in the nature of a subpoena issued by a magisterial district judge. (3) Failure to comply with an order of a magisterial district judge directing a defendant in a criminal proceeding to compensate the victim of the criminal conduct for the damage or injury sustained by the victim. (4) Failure to comply with an order of a magisterial district judge directing a defendant in a criminal proceeding to pay fines and costs in accordance with an installment payment order. (5) Violation of an order issued pursuant to 23 Pa.C.S. 6110 (relating to emergency relief by minor judiciary). (b) Limitation.--The power of contempt shall not include system and related personnel, attorneys or law enforcement officers when performing official duties or acting as officers of the court. (c) Punishment.--Punishment for contempt specified in subsection (a)(1) or (3) may be a fine of not more than $100 or imprisonment for not more than 30 days, or both. Punishment for contempt specified in subsection (a)(2) shall be a fine of not more than $100. Failure to pay within a reasonable time could result in imprisonment for not more than ten days. Punishment for contempt specified in subsection (a)(5) shall be in accordance with that specified in 23 Pa.C.S. 6114(b) (relating to contempt for violation of order or agreement). Punishment for contempt in subsection (a)(4) would be imprisonment for not more than 90 days. (d) Procedure.--A magisterial district judge shall have the power to issue an attachment by means of a warrant and to conduct a hearing prior to the imposition of punishment for contempt. Any punishment imposed by a magisterial district judge for contempt shall be automatically stayed for a period of ten days from the date of imposition of the punishment during which time an appeal of the action of the magisterial district judge may be filed with the court of common pleas of the judicial district. The stay shall remain in effect pending the disposition of an appeal. Upon the filing of the appeal, the court of common pleas shall hear the matter de novo. On appeal, the accused shall have the right to be notified of the accusation and shall have a reasonable time to make a defense. The defendant shall not have a right to a jury trial on appeal. (e) Bail.--A magisterial district judge may not impose bail as a condition of release of any person accused of contempt specified in subsection (a)(1), (2) or (3) during the period that punishment is stayed under subsection (d). A magisterial district judge may impose bail as a condition of release of any person who has committed contempt specified in subsection (a)(4) and (5).

PA Supreme Court Orphans Court Rules Rule 1.1 Powers of Judges - Any judge of an Orphans' Court Division, whether or not it consists of more than one judge, may hear and determine all matters jurisdiction of which is exercised through the Orphans' Court Division. PA Rules of Civil Procedure

Rule 910.25-5 Civil Contempt. Contempt Order. Incarceration o (a) No respondent may be incarcerated as a sanction for contempt without an evidentiary hearing before a judge. (b) The court shall make a finding, on the record, as to whether the respondent, based upon the evidence presented at the hearing, does or does not have the present ability to pay the court-ordered amount of support. (c) An order committing a respondent to jail for civil contempt of a support order shall specify the conditions the fulfillment of which will result in the release of the respondent.

Lancaster County Orphans Court Rules http://www.co.lancaster.pa.us/courts/lib/courts/localrules/rules_of_orphans_court.pdf couldnt find anything regarding contempt specifically Lancaster County Rules of Civil Procedure http://www.co.lancaster.pa.us/courts/lib/courts/localrules/rules_of_civil_procedure.pdf under custody and visitation rules o Rule 1915.5(a). Jurisdiction. Contempt. Continuances. Emergency Relief C. Any complaint for custody, petition for modification, request for special relief or contempt petition containing a request for interim relief must be presented to the assigned Family Court Judge in Family Business Court. o Rule 1915.5(b). Custody Conference Officer. Conferences. Procedure 3. Preparation. At two business days before the conference, counsel shall file a pre-trial memorandum containing: b. A list of any contempt issue; o the order accompanying a complaint for custody or petition to modify custody includes a Required Education Seminar, failure to attend results in contempt proceedings Case law In re Cullen, 2004 PA Super 102 distinguishes between civil and criminal contempt o If the dominant purpose is to vindicate the dignity and authority of the court and to protect the interest of the general public, it is a proceeding for criminal contempt. But where the act of contempt complained of is the refusal to do or refrain from doing some act ordered or prohibited primarily for the benefit of a private party, proceedings to enforce compliance with the decree of the court are civil in nature. The purpose of a civil contempt proceeding is remedial. Judicial sanctions are employed to coerce the defendant into compliance with the court's order, and in some instances, to compensate the complainant for losses sustained.

the contempt order in the instant case was civil since its only purpose was to coerce Attorney Cullen into compliance with the court's order to attend the August 27, 2002 hearing. Knaus v. Knaus lists factors for civil contempt o (1) Where the complainant is a private person as opposed to the government or a governmental agency; (2) where the proceeding is entitled in the original injunction action and filed as a continuation thereof as opposed to a separate and independent action; (3) where holding the defendant in contempt affords relief to a private party; (4) where the relief requested is primarily for the benefit of the complainant; and (5) where the acts of contempt complained of are primarily civil in character and do not of themselves constitute crimes or conduct by the defendant so contumelious that the court is impelled to act on its own motion. These are the considerations which play a part, either expressly or impliedly, in the determination of the question by a majority of the courts. Also consequences o Where a defendant is guilty of a civil contempt of court, he may be committed or conditionally fined for the purpose of coercing him into compliance with the order of the court, and upon compliance the defendant is entitled to immediate release. Diamond v. Diamond, 2002 PA Super 34 establishes the authority of each court as the exclusive judge of contempt o As each court is the exclusive judge of contempts against its process, we will reverse an order of contempt only upon a showing of a plain abuse of discretion. Lachat v. Hinchliffe, 769 A.2d 481 (good for process) finding civil contempt: o To sustain a finding of civil contempt, the complainant must prove certain distinct elements: (1) that the contemnor had notice of the specific order or decree which he is alleged to have disobeyed; (2) that the act constituting the contemnor's violation was volitional; and (3) that the contemnor acted with wrongful intent. A person may not be held in contempt of court for failing to obey an order that is too vague or that cannot be enforced. When holding a person in civil contempt, the court must undertake (1) a rule to show cause; (2) an answer and hearing; (3) a rule absolute; (4) a hearing on the contempt citation; and (5) an adjudication of contempt. Tomes Appeal, 50 Pa. 285 (1865?) hasnt been cited since 1936 but no real negative history Supreme Court affirms an orphans court order for the attachment and imprisonment for contempt for a former executors failure to turn over assets and papers of the estate as ordered by the court. The court was within its discretion in enforcing its orders. Clark v. Clark, 3 Phila. 463 Lists factors for civil contempt

Court order holding deadbeat dad in contempt for flagrant disobeyal of order to make good faith effort to look for a job was not an abuse of discretion nor an error of law Criminal Contempt In re Smith, 687 A.2d 1229 Orphans Court judge accused of criminal contempt; lays out standards for criminal contempt of court Prosecution must establish 1)misconduct, 2) in the presence of the court, 3) committed with the intent to obstruct proceedings, and 4) which obstructs the administration of justice C.R. by Dunn v. Travelers, 426 Pa. Super 92 again, distinguishing between civil and criminal contempt of court

A few cases deal with criminal contempt with regard to custody hearings and deciding custody (usually not in favor of the parent charged with criminal contempt)