4138 - Contempt powers of Pittsburgh Magistrates Court.

     § 4138.  Contempt powers of Pittsburgh Magistrates Court.        (a)  General rule.--The Pittsburgh Magistrates Court shall     have the power to issue attachments and impose summary     punishments for criminal contempts 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 judge of the Pittsburgh        Magistrates Court.            (3)  Failure to comply with an order of a judge of the        Pittsburgh Magistrates Court directing a defendant in a        criminal proceeding to pay fines and costs in accordance with        an installment payment order.        (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.        (d)  Procedure.--A judge of the Pittsburgh Magistrates Court     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 judge of     the Pittsburgh Magistrates Court 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 judge of the Pittsburgh Magistrates Court 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.     (June 15, 1994, P.L.273, No.45, eff. 60 days)        1994 Amendment.  Act 45 added section 4138.        Suspension by Court Rule.  Section 4138 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.