State Ex Rel. Dwyer v. Dwyer

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 found that defendant was aware of a 1981 court order entered by stipulation requiring him to pay a reduced amount of child support, that he had made no child…