What is Contempt?

Commonwealth v. Cherry of 1976 is a good case that highlights what contempt is.  The Court states, "One is guilty of contempt when his conduct tends to bring the authority and the administration of the law into disrespect."  Contempt can be anything, including being loud, talking on your cell phone, making gestures (including eye-rolling), and being disrespectful to the court.  Normally, a Bucks County judge will afford an individual an opportunity to correct/stop their behavior prior to finding them in contempt.  

I once had a client show up to court inebriated and he was held in contempt by a judge.  He was held over the weekend (it was a Friday) and his hearing was continued to the following Monday.  In addition to the lack of respect shown to the court, I would not have been able to proceed with his defense as he was incapable of understanding what was happening.  

Testifying and Contempt

It is a well established rule that a defendant does not have to testify in their case and no adverse inferences should be drawn from their lack of testimony.  But, if there are no incrimination issues relating to testifying (i.e. they are a witness), then a person may be held in contempt for failing to testify in any part of the Bucks County criminal process.  Commonwealth v. Tirado outlines that, after being ordered to testify by the court, the individual was found in contempt for refusing to testify.