STATE EX REL. DWYER v. DWYER

TC 15-79-05972; CA A27164; SC S31012.

698 P.2d 957 (1985)

299 Or. 108

STATE ex rel. Linda Dwyer, Respondent On Review, v. Donald Andrew DWYER, Petitioner On Review.

Supreme Court of Oregon, In Banc.

Decided April 30, 1985.


Attorney(s) appearing for the Case

Stanley Cram, Eugene, argued the cause for petitioner on review. With him on the brief was Johnson, McKeever & Cram, Eugene.

Thomas H. Denney, Asst. Atty. Gen., Salem, argued the cause for respondent on review. With him on the brief and memorandum of additional authorities were Dave Frohnmayer, Atty. Gen., and James E. Mountain, Jr., Solicitor General, Salem.


CARSON, Justice.

The issue in this case is whether the Oregon Constitution guarantees the right to a jury trial in a "criminal" contempt proceeding brought because of defendant's failure to pay court-ordered child support.

Contempt proceedings were initiated by the state against defendant in behalf of his former wife. A show cause hearing was held before the court following the court's denial of defendant's oral request for a jury trial. The circuit court...

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