State v. Noble

At issue in this case is whether a judge may issue a bench warrant of arrest based on his or her determination, by reference to court records but without reference to a sworn statement, that a person is in contempt of court. We hold that, before an arrest warrant may issue for contempt that did not occur “in the presence of the court,” a judge must determine the existence of probable cause by reference to a sworn statement. Or Const, Art I, § 9. Absent that determination and basis for it, a warrant is invalid. In this case, the trial court erred in finding that a bench warrant issued on the…