Special Proceedings and Procedures

ORS 33.035
Appointed counsel


Whenever ORS 33.015 (Definitions for ORS 33.015 to 33.155) to 33.155 (Applicability) provide for appointed counsel, appointment of counsel and payment of counsel and related expenses shall be made as follows:

(1)

For contempt of a circuit court, the Oregon Tax Court, the Court of Appeals or the Supreme Court, appointment and payment of counsel shall be made as provided in ORS 135.055 (Compensation and expenses of appointed counsel), 151.216 (Duties) and 151.219 (Public defense services executive director).

(2)

For contempt of a justice court, municipal court or other public body not described in subsection (1) of this section, payment for and appointment of counsel shall be made as otherwise provided by law for the court or public body. [1991 c.724 §3; 2001 c.962 §63]
§§ 33.015 to 33.155

Notes of Decisions

Contempt proceeding instituted under these sections for husband's failure to pay spousal support pursuant to dissolution decree is separate proceeding from dissolution and trial court's jurisdiction to hold husband in contempt was therefore not defeated by husband's appeal from dissolution decree. Oliver and Oliver, 81 Or App 115, 724 P2d 869 (1986), Sup Ct review denied

Choice-of-evils defense could not exonerate defendants charged with contempt for violating injunction arising from demonstration to prevent abortions because defense is available only if defendants' necessary conduct is not inconsistent with other provisions of law. Downtown Women's Center v. Advocates for Life, Inc., 111 Or App 317, 826 P2d 637 (1992)

Contempt proceedings are not subject to laws governing venue for criminal proceedings. Bachman v. Bachman, 171 Or App 665, 16 P3d 1185 (2000), Sup Ct review denied


Source

Last accessed
Jun. 26, 2021