Appeal from the Order entered in the Court of Common Pleas of Philadelphia County, Family Division, No. 0023-86-1.
Elaine DeMasse, Assistant Public Defender, Philadelphia, for appellant.
Jane C. Greenspan, Assistant District Attorney, Philadelphia, for Commonwealth, appellee.
Wieand, Tamilia and Roberts, JJ.
[ 360 Pa. Super. Page 38]
This appeal was taken from the Order of the trial court in a juvenile proceeding during which the appellant was held in contempt for failure to appear at a hearing scheduled for
[ 360 Pa. Super. Page 39]
January 6, 1986. Marlow Crawford was arrested on January 4, 1986 for burglary, attempted theft, criminal trespass and criminal conspiracy on a Juvenile Petition. He was released by the Intake Office and by subpeona, handed to the accompanying adult, ordered to appear on January 6, 1986 for a detention hearing; he failed to do so.
A bench warrant was issued and on January 9, 1986, pursuant to the warrant, he was brought before the court, with his mother, for a counseled hearing on the warrant. At that hearing, before the Honorable Mitchell Lipschutz, he was held in contempt and committed to the Youth Study Center to wait the next scheduled hearing on January 16, 1986. He was subsequently released on January 14 pursuant to an Order by the Honorable Mary Rose Fonte Cunningham.
1. The Juvenile Court judge lacked authority under the Juvenile Act to punish the appellant and commit him to a secure facility for "criminal contempt" based on his failure to appear at the initial listing of his case.
2. The evidence of intentional or willful refusal to obey lawful process of the court was insufficient to justify the citation of appellant for summary criminal attempt.
3. The court improperly placed the burden of proof upon the juvenile to prove his innocence of the charge of criminal contempt, and thereby violated appellant's federal and ...