Contempt hearing for Davis scheduled for Feb. 28
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The criminal contempt hearing for Washington County Clerk of Courts Brenda Davis has been rescheduled for Feb. 28, although lawyers representing her are planning to appeal the case to the state Supreme Court.
President Judge John DiSalle filed an order late Monday scheduling the hearing for Davis to “answer for her contumacious behavior” during a Nov. 24 incident in the Washington County Courthouse in which she refused to facilitate the transfer of juvenile documents out of her office.
A contempt hearing originally was planned for Dec. 6, but it was delayed when the state Commonwealth Court granted an emergency stay after Davis appealed to the higher court. But the Commonwealth Court quashed her appeals Feb. 3, opening the door for DiSalle to reschedule the hearing and resume contempt proceedings against Davis.
Her Pittsburgh-based attorneys, Charles Gallo and Robert Gallo, said Tuesday afternoon they are planning to appeal to the state Supreme Court before the contempt hearing is set to take place, although it was not known if a ruling would come quickly or whether the high court would even agree to hear the case.
“We still think she has constitutional claims we plan on pursuing,” Charles Gallo said during a phone interview. “We do prepare to bring our claims to the Pennsylvania Supreme Court. We’re presently working on it. As soon as we have our ducks in order, we’ll be looking for relief.”
Davis did not respond to a phone message Tuesday morning seeking comment on the rescheduled contempt of court hearing.
If the hearing goes on as scheduled, DiSalle could hold Davis in contempt for her behavior the day before Thanksgiving when she refused to comply with his order requiring the transfer of juvenile case files from her department to the county’s Juvenile Probation Office. She allegedly blocked sheriff’s deputies from facilitating the transfer and then refused to go to a hearing before DiSalle to explain her actions.
Davis later claimed she was assaulted by deputies during an incident in a courthouse hallway near the West Cherry Avenue entrance, although several deputies testified she resisted their efforts to bring her to DiSalle’s courtroom. She was later permitted to leave the courthouse to receive medical treatment at a local hospital for an unspecified injury.
County officials released a 10-minute surveillance video of the incident Feb. 2 following an open records request by the Observer-Reporter, which is posted on the newspaper’s website. It was not known if that video or other camera angles inside the courthouse that day would be played as evidence during the hearing.
DiSalle’s scheduling order cites a statute involving contempt by court officials. Davis could face fines or even jail time, if DiSalle so chooses. The order also states that a bench warrant will be issued for Davis to be arrested is she does not appear for the hearing.
The rescheduled hearing before DiSalle will take place at 9:30 a.m. Feb. 28 in Courtroom No. 2 with numerous decorum and security procedures in place to maintain order. Anyone in attendance who violates the rules could be asked to leave the courtroom or held in contempt themselves.