Rule 1901.5 - Indirect Criminal Contempt HearingA. Arrest. When the Court is available, a defendant arrested for contempt shall be produced without unnecessary delay before a judge for preliminary arraignment. If arrest occurs when the Court is unavailable, the defendant shall have preliminary arraignment before the on-call Magisterial District Judge. Upon request, defendant shall be provided with an application form for the appointment of a lawyer. Unless scheduled by a court order for a different time, contempt hearings shall be scheduled for 1:00 p.m. on the Wednesday following preliminary arraignment which is the furthest Wednesday within ten (10) calendar days after the defendant's arrest. Bail shall be set by the Magisterial District Judge with the defendant given an opportunity to post bail. The bail may be subject to special conditions, such as requiring defendant to follow all specified conditions contained in the Protection From Abuse Order. At the preliminary arraignment, the Magisterial District Judge or Common Pleas Judge shall advise the defendant of the following:
1. A description of the alleged contemptuous acts;2. That those acts violate a specific Order of Court;3. Defendant is subject because of the alleged contempt to a prison sentence of six (6) months and a fine of One Thousand Dollars ($1,000.00);4. A hearing will be held by a judge on a specified court business day at 1:00 p.m.;5. Defendant is entitled to be represented by a lawyer in the contempt proceeding and that, if defendant qualifies, a lawyer will be appointed to represent him or her free of charge. The defendant shall be notified that he or she must apply for the appointment of a free counsel, and the Magisterial District Judge shall provide an application form upon request.B. Private Complaint.1. Plaintiff may file a private criminal complaint pursuant to 23 Pa. C.S.A. § 6113.1 by filing the complaint in the Prothonotary's Office. The Prothonotary's Office shall, after clocking in the complaint, immediately forward it to the Court Administrator for the scheduling of a hearing. Except in unusual circumstances, hearings will be scheduled in the same manner as in arrest cases and shall be scheduled by court order. Service of the order, once entered, shall be made on the defendant by the Sheriff's Department. No answer shall be required by defendant.2. Contempt proceedings may be commenced by the filing of a criminal complaint before a Magisterial District Judge. Service shall be accomplished as in other criminal proceedings, by a constable, or police officer. If neither is available, the complaint shall be served by the Sheriff. Upon filing of a private complaint for criminal contempt in the office of a Magisterial District Judge, the Magisterial District Judge shall promptly forward the same to Court Administration who will schedule contempt hearing pursuant to paragraph B(1) above.Amended effective 12/23/2023.