State v. Ferguson

Defendant appeals from a judgment of contempt entered after she allegedly made a misrepresentation of fact to the trial judge in open court. ORS 33.096. Defendant argues that the trial court was not authorized to hold her in contempt summarily when the underlying event, about which the alleged misrepresentation was made, did not occur in the presence of the court while sitting in a judicial capacity. Defendant also argues that the judgment should be reversed, because the trial court failed to find that the alleged misrepresentation was willful. ORS 33.015(2). We hold that the court erred in…