State ex rel. Leopold v. McCallister

Defendant appeals from an order finding him in contempt for failing to obey a child support order.1 The issue is whether he was entitled to invoke his privilege against self-incrimination in the civil contempt hearing. We reverse and remand.

At the contempt hearing, defendant asserted his privilege against self-incrimination under the Fifth Amendment and Article I, section 12, of the Oregon Constitution. The trial court determined that he did not have a right to remain silent in a civil contempt hearing and ordered him to testify. Defendant then testified regarding his employment and his other…