Aungst Contempt Case
Aungst Contempt Case
Opinion of the Court
Opinion by
This is an appeal from an order of the Court of Common Pleas of Schuylkill County (one judge dissenting) denying (without prejudice) the petition of nineteen members of the bar of that court (appellants) for a rule to show cause why the respondents (appellees) should not be adjudged in contempt of court. The matter below was entirely ex parte; appellees became participants in this proceeding only before this Court upon receipt of appellants’ briefs on appeal.
There is no dispute as to the facts material to this appeal. On February 14, 1961, thirteen members of the bar of Schuylkill County, as officers of that court (later joined by six additional lawyers), pre
The written statement concluded with a request to the court to give consideration to a rule to show cause why the respondents should not answer to the court for these charges of contempt.
On February 20, 1961, the nineteen lawyers presented to the court below a formal sworn petition repeating in essence their prior representations and further alleging that respondents “have almost daily committed contempts of court by their unwarranted and criminal accusations [as to all four judges of the court] that certainly and positively affect the proper administration of justice. . . ,”
On January 4, 1963, the court below filed the following opinion: “The matter is now on appeal with the Supreme Court of Pennsylvania, appeal having been filed December 2, 1962. It is the opinion of the majority of the Court that the Petition, as filed and as amended, is lacking in form and content to warrant the relief prayed for, to wit: Rule for Contempt of Court. . . .” (Citations omitted.)
Although the record
The power of this Court to review a finding of contempt and to affirm, reverse or modify the order of the lower court is not disputed. We have so acted on numerous occasions and shall continue to do so. See, e.g., Commonwealth v. Lofton, 389 Pa. 273, 133 A.2d 203 (1957); Mack Appeal, 386 Pa. 251, 126 A. 2d 679 (1956); Messmore's Estate, 293 Pa. 63, 141 Atl. 724 (1928). However, our appellate courts have found it necessary in only one class of cases to review the failure of a lower court to enter an order of contempt — where there has been direct disobedience of, or refusal to comply with, a decree or order of that court and the court itself, upon motion or other formal request of the party directly affected by such disobedience, refuses to compel compliance or to hold the disobedient party in contempt. See Davidyan v. Davidyan, 333 Pa. 465, 3 A. 2d 921 (1939); Braunschweiger's Estate, 322 Pa. 394, 185 Atl. 753 (1936) (refusal by fiduciary to distribute); State Grand Lodge v. Morrison, 277 Pa. 41, 120 Atl. 769 (1923); Ensslen Estate, 163 Pa.Super. 246, 60 A. 2d 429 (1948) (refusal to turn over property to administratrix).
The instant proceeding is separate and independent of any other action or litigation and obviously was not instigated to enable a private litigant or interest to secure obedience or compliance with an order or decree of court preAdously obtained at the instance of a moving party for the latter’s benefit or protection. It is
It is clear that the court below could determine initially whether it has been contemned. Its authority to do so is unquestioned. In a proceeding of this nature, the court below should be the primary protector of its judicial dignity and conscience, since it is the tribunal primarily concerned with maintaining its dignity and public standing as a judicial forum and is, therefore, empowered to protect itself from insult. However, its decision not to exercise that power is a choice we shall not, in this instance, disturb. We shall affirm its order, particularly since it does not determine the controversy or foreclose any rights. Our determination is necessarily limited to the facts now before us and is in no way a restriction upon our power to review contempt proceedings and to enter appropriate adjudications.
Courts of law exist primarily to adjudicate justly and expeditiously the controversies of litigants. Our courts must be responsive to current needs and give satisfaction to the causes of litigants, so that when they leave the courtroom they have reason to feel that they have been accorded a prompt and fair hearing. Respect for law and the judicial process will not be promoted by undue delays and other circumstances which offend the .community’s sense of propriety and otherwise fail to attract publie respect and acceptance.
All realize that the judicial process, like any other human activity, requires a certain amount of time for the proper performance of its important deliberative function. Immediate determinations are not always possible, particularly in complicated and extended litigation. Rule 78
The circumstances suggest the following inquiry: If the petition was so utterly without merit as the court’s brief order indicated, should not the matter have been disposed of far more promptly? On the other hand, if the petition appeared to have the merit which the court’s delay indicated, did it not then deserve at least some opportunity for hearing?
We may not, in light of the record presented, refrain from expressing our disapproval of the court’s undue delay as well as the practice by which it was achieved.
Order affirmed.
The petition also alleged, Inter alia, that respondents “made an unmitigated attack on one Judge accusing the Judge, in effect,
The record consists only of the lawyers’ written, statement dated February 14, 1961, their formal petition dated and presented February 20, 1961, the court’s order of October 22, 1962, and the opinion dated January 4, 1963.
Such action is undoubtedly available in one or more of the spheres of governmental responsibility.
Rule 78 was adopted and is enforceable under the general supervisory authority of this Court over the courts of the Commonwealth.
The instant matter was not included in any of the monthly reports required of the responsible judge by Rule 78. Unexplained is this omission as well as his reason for the delay.
Concurring in Part
Concurring and Dissenting Opinion by
There is nothing in the record or in the facts and circumstances of this case which could even remotely justify the failure of the lower Court to promptly dispose of this petition.
By long established tradition which has been recognized by decisions of this Court, attorneys who have been admitted to practice in a Pennsylvania Court are Officers of that Court.* The purpose of the petition filed by these attorneys was to uphold and vindicate the honor, the public’s confidence in, and the prestige of the Court of Common Pleas of Schuylkill County, and evén more importantly, to insure the rendition of justice unhampered and uncontaminated by any outside influence. The Supreme Court is the ultimate Protector and Preserver of Justice. If a Court is collusive or if a Judge, in the face of mob hysteria or of unjustifiable attacks by powerful interests, is so timor
Furthermore, under our King's Bench power of general supervision over all inferior Courts, this Court has jurisdiction and power to affirm or reverse or modify the Order of the lower Court with appropriate directions for further proceedings in that Court. While it is unnecessary to cite additional authority for such an obvious proposition, it is further supported by the Act of May 20, 1891, P.L. 101, § 2, 12 P.S. § 1164, and by a score of decisions which hold that this Court has power to review appeals in the nature of certiorari even when an Act of the Legislature is silent upon the right of appeal or provides that no appeal will lie from a decision of the lower Court: Keystone Raceway Corporation v. State Harness Racing Commission, 405 Pa. 1, 5, 6, 173 A. 2d 97; Bell Appeal, 396 Pa. 592, 597, 598, 152 A. 2d 731; First Bellefonte Bank and Trust Company v. Myers, 410 Pa. 298, 188 A. 2d 726; Dauphin Deposit Trust Co. v. Myers, 388 Pa. 444, 460, 462, 130 A.2d 686.
I would hold (1) that these petitioners had a legal standing (a) to file their petition and (b) to appeal; and (2) the lower Court committed a clear abuse of discretion in denying their petition without a hearing.
I would, therefore, reverse the Order of the lower Court, and direct the lower Court to issue a rule to show cause, and thereafter to very promptly hold a hearing, and very promptly decide all the pertinent issues which are raised.
Moreover Rule 78 of the Buies of the Supreme Court of Pennsylvania has been flagrantly, although we assume unintentionally violated. Rule 78 provides: “B. Every President Judge . . . shall report to the Prothonotary of the Supreme Court ... on forms furnished by that officer . . . all cases and other matters which have been submitted to any judge or judges for decision and which have remained undisposed of for sixty (60) days or more
“O. Each monthly report shall show aU cases and other matters so undisposed of even though previously listed. It shaU also show all cases and matters listed in the last preceding report which were decided subsequently.”
In accordance with this rule it is the duty of the President Judge of the Court in each Judicial District to report each month to the Prothonotary of the Supreme Court all cases and other matters which have been submitted to any Judge or Judges for decision and which have remained undisposed of for 60 days or more thereafter.
Furthermore, the forms submitted by the Prothonotary to each President Judge require a brief listing of all matters pending as aforesaid and the “Nature of Case, Petition, Rule or Motion”, “Date Submitted to Court”, “Name of Judge”, and finally, “Reason Matter Remains Undecided For Sixty (60) Days or More.”
This Rule of Court and the aforesaid Form, could not be clearer. Nevertheless, they have been misunderstood or deliberately violated by some Judges in the Commonwealth. There will no longer be any justification for any failure to comply with the above mentioned Rule and Form.
Schofield Discipline Case, 362 Pa. 201, 66 A. 2d 675.
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