Commonwealth v. Falana

ZAPPALA, Justice,

dissenting.

I respectfully dissent. As Appellant’s statement was made after the sentencing hearing had concluded, it did not obstruct *164the administration of justice and therefore cannot support a conviction for criminal contempt. As noted by the majority, 42 Pa.C.S. § 4132 limits a court’s contempt powers to cases of official misconduct of court officers, disobedience or neglect of or to the lawful process of the court, and misbehavior of any person in the presence of the court, thereby obstructing the administration of justice.

An obstruction of the administration of justice is a significant disruption of judicial proceedings. Commonwealth v. Garrison, 478 Pa. 356, 378, 386 A.2d 971, 979 (1978). A showing of actual, imminent prejudice to a fair proceeding or to the preservation of the court’s authority must be established. Id. It is undisputed that Appellant’s comment was wholly inappropriate considering the previous threats he had made towards the victim. However, because it was made after the sentencing hearing had concluded, the proper sanction was not a finding of contempt. The comment did not render the proceeding unfair, nor did it prejudice the preservation of the court’s authority.

Accordingly, as the administration of justice was not disrupted, Appellant’s conduct does not fall within the limited categories for which the court has the authority to impose summary punishments for contempt of court. I would reverse the judgment of sentence as to the contempt conviction.

GAPPY, J., joins this dissenting opinion.