236 Pa. Super. 568 | Pa. Super. Ct. | 1975
Opinion by
The appellant, Barry P. Tumpson, was convicted of indirect criminal contempt
The relevant facts may be summarized as follows: On August 5, 1975, the Honorable John K. ReIlly, Jr., orally advised a juvenile probation officer that a hearing would be held on August 11, 1975, in the case of Brian K. Cams. The probation officer informed the judge that he would notify the juvenile of the time and place. He then visited the juvenile and orally informed him that the court would hold a hearing on August 11, 1975.
When the case was called on August 11, Brian did not appear. A bench warrant for his arrest was executed, and the hearing rescheduled for August 25. Brian appeared at the second hearing and testified that he was not present at the first hearing due to the advice of his counsel, the appellant herein.
As a result of Brian’s testimony, the judge issued a contempt citation against appellant for having advised the juvenile “to disregard and disobey the Order of this Court.” Mr. Tumpson was ordered to show cause why he should not be held in contempt at a hearing scheduled the following day.
At the hearing on August 26, appellant requested a continuance for the purpose of obtaining counsel. He also asked for a certified copy of the order which he purportedly advised Brian Cams to disobey. The court refused to supply the certified copy, stating that the order was oral, but delayed trial until August 29, 1975, so that appellant could obtain counsel or otherwise prepare himself for trial. The judge refused appellant’s motion for recusation, and sat as the fact-finder at trial. Following trial, appellant was found to be in contempt of court, and fined $50.
This court has recently stated that the court’s power to punish for contempt is limited to situations in which it has both the jurisdiction and the power or authority to render the particular decree or order. See Commonwealth ex rel. Roviello v. Roviello, 229 Pa. Superior Ct. 428, 323 A.2d 766 (1974), and cases cited therein. While the court below had the authority to order the juvenile to appear at a hearing in compliance with the Juvenile Act, Act of Dec. 6, 1972, P.L. 1464, No. 333, §1 (11 P.S. §50-101) et seq., no valid order was ever entered of record. Consequently, the court could not hold appellant
The conviction of contempt is reversed, the sentence vacated, and the appellant discharged.
Spaeth, J., did not participate in the consideration or decision of this case.
. The Superior Court has jurisdiction of this action. See The Appellate Court Jurisdiction Act, Act of July 31, 1970, P.L. 673, No. 223, art. I, §101 (17 P.S. §211.101) et seq. See also Commonwealth v. Harris, 409 Pa. 163, 185 A.2d 586 (1962).
. Neither the procedures' employed by the court below nor its findings of fact need be detailed in this opinion in view of our disposition of the case.
. The Juvenile Act, Act of Dec. 6, 1972, P.L. 1464, No. 333, §18 (11 P.S. §50-315(a), (d)), clearly specifies that the juvenile shall be provided with written notification of the hearing by means of a summons and copy of the petition.