PA Man Held in Contempt After Calling Judge a Nasty Name

In Commonwealth v. Outlaw, the Pennsylvania Superior Court upheld a direct criminal contempt conviction after a defendant called the judge a profanity during a hearing. This case highlights how verbal outbursts and disruptive behavior in a Pennsylvania courtroom can quickly escalate into a criminal contempt charge under 42 Pa.C.S. § 4132(3).

🧑‍⚖️ What Happened in Commonwealth v. Outlaw?

During a suppression hearing in Philadelphia, the defendant, after receiving an unfavorable ruling, loudly called the presiding judge a “cocksucker” and attempted to leave the courtroom.

The defendant appealed, arguing that although the comment was inappropriate, it didn’t rise to the level of actual obstruction required for contempt.

📚 Legal Background: What Is Direct Criminal Contempt in Pennsylvania?

Under 42 Pa.C.S. § 4132(3), a person can be held in direct criminal contempt if they:

  1. Commit misconduct in the presence of the court;

  2. Intend to obstruct or disrupt proceedings;

  3. And their behavior actually prejudices or interrupts the court’s ability to conduct business.

The offense is often handled summarily, meaning without a jury trial, especially when it occurs in real time during proceedings.


🧠 Court’s Analysis: When Does Speech Become Contempt?

The Superior Court disagreed with Outlaw. Key points in its reasoning:

Appeal to Pennsylvania Supreme Court

This decision is currently on appeal to the Pennsylvania Supreme Court.  The issue is:

We will have to wait and see what the Supreme Court decides. This could have been avoided by simply not calling the judge a cocksucker or any other name.