Summary imposition of sanction
Source:
Section 33.096 — Summary imposition of sanction, https://www.oregonlegislature.gov/bills_laws/ors/ors033.html.
Notes of Decisions
“Immediate view and presence of court” means court authority to summarily punish contempt is limited to misconduct that occurs in court’s immediate presence when court is in session during judicial proceeding. State v. Baker, 126 Or App 508, 868 P2d 1368 (1994); Barton v. Maxwell, 325 Or 72, 933 P2d 966 (1997)
Fine for summary contempt does not require finding of ability to pay. State v. Ramsey, 156 Or App 529, 967 P2d 525 (1998), Sup Ct review denied
Defendant’s representation that court believed was false did not occur “in presence of court” when court obtained knowledge of falsity of representation by personal observation outside courtroom, off record, while in recess. State v. Ferguson, 173 Or App 118, 20 P3d 242 (2001)
In absence of some overriding reason for delay, trial court is required to impose any sanction at first reasonable opportunity, usually at or before end of trial. State v. Spainhower, 251 Or App 25, 283 P3d 361 (2012)
Where defendant’s gesture during judicial proceeding by live video feed was not personally observed by court, defendant’s conduct did not occur in immediate view and presence of court. State v. Arnold, 302 Or App 765, 462 P3d 753 (2020)
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