§ 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 section heading and subsecs. (a), (d) and (e). See section 29
of Act 207 in the appendix to this title for special provisions relating to 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.
Notes of Decisions
Cited in
11
cases (
2 in the last 5 years), 2015–2024 · leading case:
Com. v. Umoh, E., 311 A.3d 24 (Pa. Super. Ct. 2024).
Com. v. Umoh, E., 311 A.3d 24 (Pa. Super. Ct. 2024).
· cites it 6× “1 As discussed infra, the order at issue incorrectly states that Appellant was sentenced pursuant to 42 Pa.C.S § 4137(a)(1). J-A25037-23 [Appellant] was originally charged with sexual assault crimes.”
In Re: Order Amedning Rules 140, 141 & 142 of PA Rules of Crim. Procedure (Pa. 2018).
· cites it 12× “COMMENT: This rule sets forth the procedures to implement 42 Pa.C.S. §§ 4137[,] and 4138[, and 4139] concerning contempt powers of the minor judiciary, as well as any other statutes subsequently enacted that would provide for findings of contempt by the minor judiciary.”
Com. v. Pedrick, A. (Pa. Super. Ct. 2017).
· cites it 4× “42 Pa.C.S. § 4137. -5- J-A14043-17 Thus, Section 4137 applies to magisterial district judges.”
Com. v. Parker, J. (Pa. Super. Ct. 2017).
“-2- J-S40037-17 Instantly, the record demonstrates that Parker was charged with and found guilty of violating 42 Pa.C.S. § 4137(3). See Parker’s Brief at 20-21.”
In Re: Arrington, S., Appeal of: Arrington, S. (Pa. Super. Ct. 2019).
“Appellant notes that ____________________________________________ 2 We note that the trial court erroneously issued the contempt order pursuant to 42 Pa.C.S. § 4137(a)(1). See Amended Order of Sentence, filed 5/21/18.”
Com. v. Belinda, D. (Pa. Super. Ct. 2020).
“See 42 Pa.C.S. § 4137(c). More generally, the maximum term for a summary offense is 90 days.”
Com. v. Beitz, R. (Pa. Super. Ct. 2022).
“” 42 Pa.C.S. § 4137(a)(1). Meanwhile, with respect to the crime of terroristic threats, the Commonwealth must prove that the appellant “[c]ommunicat[ed] either directly or indirectly a threat to commit a crime of violence with [the] intent to terrorize another.”
Com. v. Nater, J. (Pa. Super. Ct. 2015).
“Was not the evidence insufficient to convict appellant of criminal contempt, insofar as appellant’s “contemptuous” behavior of not completing community service hours does not satisfy the criteria for a finding of contempt under any section of 42 Pa.C.S. § 4137(a), and the…”
Com. v. McCoy, D. (Pa. Super. Ct. 2015).
“The court entered a “Contempt Order” stating that Appellant had been convicted of violating 42 Pa.C.S. § 4137(a)(1). However, subsection 4137(a)(1) addresses a magisterial district judge’s -3- J-A24006-15 authority to find a person in criminal contempt for misbehaving in the…”
— 42 Pa. Cons. Stat. § 4137(3) — 1 case
Com. v. Parker, J. (Pa. Super. Ct. 2017).
“-2- J-S40037-17 Instantly, the record demonstrates that Parker was charged with and found guilty of violating 42 Pa.C.S. § 4137(3). See Parker’s Brief at 20-21.”
— 42 Pa. Cons. Stat. § 4137(a) — 1 case
Com. v. Nater, J. (Pa. Super. Ct. 2015).
“Was not the evidence insufficient to convict appellant of criminal contempt, insofar as appellant’s “contemptuous” behavior of not completing community service hours does not satisfy the criteria for a finding of contempt under any section of 42 Pa.C.S. § 4137(a), and the…”
— 42 Pa. Cons. Stat. § 4137(a)(1) — 5 cases
Com. v. Umoh, E., 311 A.3d 24 (Pa. Super. Ct. 2024).
“1 As discussed infra, the order at issue incorrectly states that Appellant was sentenced pursuant to 42 Pa.C.S § 4137(a)(1). J-A25037-23 [Appellant] was originally charged with sexual assault crimes.”
In Re: Arrington, S., Appeal of: Arrington, S. (Pa. Super. Ct. 2019).
“Appellant notes that ____________________________________________ 2 We note that the trial court erroneously issued the contempt order pursuant to 42 Pa.C.S. § 4137(a)(1). See Amended Order of Sentence, filed 5/21/18.”
Com. v. Beitz, R. (Pa. Super. Ct. 2022).
“” 42 Pa.C.S. § 4137(a)(1). Meanwhile, with respect to the crime of terroristic threats, the Commonwealth must prove that the appellant “[c]ommunicat[ed] either directly or indirectly a threat to commit a crime of violence with [the] intent to terrorize another.”
Com. v. McCoy, D. (Pa. Super. Ct. 2015).
“The court entered a “Contempt Order” stating that Appellant had been convicted of violating 42 Pa.C.S. § 4137(a)(1). However, subsection 4137(a)(1) addresses a magisterial district judge’s -3- J-A24006-15 authority to find a person in criminal contempt for misbehaving in the…”
— 42 Pa. Cons. Stat. § 4137(a)(2) — 2 cases
Com. v. Pedrick, A. (Pa. Super. Ct. 2017).
“42 Pa.C.S. § 4137. -5- J-A14043-17 Thus, Section 4137 applies to magisterial district judges.”
— 42 Pa. Cons. Stat. § 4137(a)(3) — 2 cases
— 42 Pa. Cons. Stat. § 4137(a)(4) — 2 cases
— 42 Pa. Cons. Stat. § 4137(c) — 2 cases
Com. v. Belinda, D. (Pa. Super. Ct. 2020).
“See 42 Pa.C.S. § 4137(c). More generally, the maximum term for a summary offense is 90 days.”
— 42 Pa. Cons. Stat. § 4137(d) — 1 case
— 42 Pa. Cons. Stat. § 4137(e) — 1 case
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