Yoskowitz v. Yazdanfar - Superior Court - May 24, 2006
http://www.courts.state.pa.us/OpPosting/Superior/out/a07024_06.pdf
The appellate court reversed a finding of criminal contempt under 42 Pa. C.S. 4132(3) resulting from an attorney having talked to a witness during a break in the witness's testimony.
The trial court relied on Hall v. Clifton Precision, 150 FRD 525, 528 (ED Pa. 1993), given the lack of state court precedent (rules, cases, etc) on the issue. The trial court noted an "appearance of impropriety" that rendered the witness's testimony "suspect."
The Superior Court said that there was not "sufficient evidence to prove beyond a reasonable doubt that [thej attorney] intended to significantly disrupt the...trial proceedings" and that the "court was in recess when the conversation occurred." The court reversed the finding of contempt "[b]ecause the record fails to reflect the requisite proof beyond a reasonable doubt...."
Note: Despite this decision, I think it's a very bad idea to talk to a witness during a break in the witness's examination. It may not be criminal contempt, but I think it is still improper. It raises serious ethical and other issues.
