4137 - Contempt powers of magisterial district judges.

     § 4137.  Contempt powers of magisterial district judges.        (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).     (June 15, 1994, P.L.273, No.45, eff. 60 days; Nov. 30, 2004,     P.L.1618, No.207, eff. 60 days)        2004 Amendment.  Act 207 amended the heading and subsecs.     (a), (d) and (e). See sections 28 and 29 of Act 207 in the     appendix to this title for special provisions relating to     applicability and construction of law.        1994 Amendment.  Act 45 added section 4137.        Suspension by Court Rule.  Section 4137 was suspended by     Pennsylvania Rule of Criminal Procedure No. 1101(1), adopted     March 1, 2000, insofar as it is inconsistent with the 30-day     appeal period and 30-day automatic stay period set forth in Rule     141 relating to preliminary hearing; continuances.        Cross References.  Section 4137 is referred to in section     1523 of this title.