Special Proceedings and Procedures

ORS 33.115
Referral to another judge

A judge may be disqualified from a contempt proceeding as provided for in other cases under ORS 14.210 (Disqualification of judge for cause) to 14.270 (Time of making motion for change of judge in certain circumstances). ORS 14.260 (Affidavit and motion for change of judge) (3) shall not apply to a motion to disqualify a judge in a contempt proceeding. The judge to whom the contempt is referred shall assume authority over and conduct any further proceedings relating to the contempt. [1991 c.724 §10; 1995 c.658 §121]

Notes of Decisions

Judge to whom contempt "is referred" is not judge initially assigned to case but judge to whom contempt matter is assigned on basis of disqualification of initial judge. Phelps and Nelson, 122 Or App 410, 857 P2d 900 (1993), Sup Ct review denied

§§ 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


Last accessed
Jun. 26, 2021