Commonwealth v. Outlaw, B., Aplt.
CourtSupreme Court of Pennsylvania
Date FiledOctober 29, 2026
Docket48 EAP 2024
JudgeMundy, Sallie
StatusPublished
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Full Opinion
[J-60-2025] [MO: Wecht, J.]
IN THE SUPREME COURT OF PENNSYLVANIA
EASTERN DISTRICT
COMMONWEALTH OF PENNSYLVANIA, : No. 48 EAP 2024
:
Appellee : Appeal from the Order of the
: Superior Court at No. 1788 EDA
: 2022, at 2023 PA Super 255,
v. : entered on December 6, 2023,
: affirming the Judgment of
: Sentence of the Philadelphia
BASILE OUTLAW, : County Court of Common Pleas
: at No. MC-51-MD-0000031-2022,
Appellant : entered on June 21, 2022.
:
: ARGUED: September 9, 2025
CONCURRING OPINION
JUSTICE MUNDY DECIDED: October 29, 2026
Outlaw’s conduct was abhorrent. The issue, however, is whether it was punishable
under 42 Pa.C.S. § 4132. As aptly observed by the Majority, contemporary precedents
set by this Court have seemingly narrowed the scope of conduct punishable under
Section 4132(3). See, e.g., Matter of Campolongo, 435 A.2d 581, 584 (Pa. 1981) (“For
conduct to constitute an obstruction of the administration of justice, it must significantly
disrupt judicial proceedings. Mere affront to the trial judge is not enough. Remarks that
are injudicious, or even disrespectful or insulting, will not, without more, justify a summary
conviction for contempt of court” (internal citations omitted)); Williams v. Williams, 721
A.2d 1072, 1074 (Pa. 1988) (finding murmuring made by a litigant, calling a trial judge a
“fucking asshole” during child custody proceedings, did not rise to the level of criminal
contempt because “the inappropriate remark caused no significant disruption” to the
proceedings). Here, we have not been asked to reconsider our holdings in these cases,
and absent such a request, this Court must adhere to these decisions. See
Punxsutawney Hunting Club, Inc. v. Pa. Game Comm’n, 360 A.3d 828, 844 (Pa. 2026)
(“The basic legal principle of stare decisis generally commands judicial respect for prior
decisions of this Court and the legal rules contained in those decisions” (citation omitted)).
Accordingly, I am constrained to concur in the result reached by the Majority today.
I write separately to emphasize my agreement with Chief Justice Emeritus Saylor’s
dissent in Williams:
While not every intemperate remark will cross the line which separates
zealous advocacy from contemptuous conduct, in my view the vulgar and
insulting language at issue was appropriately punishable summarily as
direct contempt. [Williams’] remarks were not only injudicious and
disrespectful-the epithets directed at the Court were an affront to the
authority and dignity of the tribunal and thus alone sufficient to constitute
interference with the due and orderly administration of justice.
Williams, 721 A.2d at 1075. Like my esteemed former colleague, on a clean slate, I too
would have found Williams’ conduct punishable under Section 4132(3).
In fact, I find the use of the word “significant” throughout the majority in Williams,
amongst other cases, when discussing disruptions that constitute “obstruction of the
administration of justice” to be nebulous and subject to disparate interpretations.
Merriam-Webster defines “significant” as, inter alia, “having meaning[,]” “large enough to
be noticed or to have an effect[,]” and “having or likely to have influence or effect.”
Significant, https://www. merriam-webster.com/dictionary/significant (last visited Sept. 8,
2026). Clearly, the trial court found the interruption caused by Outlaw’s vulgar outburst
to be “large enough to be noticed[.]” Id. While I understand “that trial judges are supposed
to be persons of fortitude who are able to thrive in a hardy environment,” see Majority Op.
at 10 (internal quotation marks omitted), I find the act of calling a judge a “cocksucker” to
be an “affront to the authority and dignity of the tribunal[,]” see Williams, 721 A.2d at 1075,
which was historically adequate to support a finding of contempt. See, e.g., Appeal of
[J-60-2025] [MO: Wecht, J.] - 2
Levine, 95 A.2d 22 (Pa. 1953) (“Generally speaking, one is guilty of contempt when his
conduct tends to bring the authority and administration of the law into disrespect.”).
Finally, I am not convinced that “[t]he circumstances of this appeal are analogous
to those in Williams.” Majority Op. at 8. Unfortunately, the record in this case leaves
much to be desired, as Outlaw’s obscene comment was not transcribed and thus, it is
unclear whether Outlaw made his remarks during the proceedings or after court had
recessed. That said, as contempt findings are necessarily fact-specific, had the record
been more robust, I may have been inclined to find that Outlaw’s vulgar outburst was
sufficient to justify his conviction under Section 4132(3).
Justices Dougherty and Brobson join this concurring opinion.
[J-60-2025] [MO: Wecht, J.] - 3