Contempt is Not a Crime (So Why Do Some Counties Charge It as an Unranked Misdemeanor?)

This wikilog article is a draft, it was not published yet.

by: Ryan • August 8, 2012 • no comments

This Oregonian article will be of significant interest to defense lawyers. I don't plan on commenting, except to observe that the article correctly notes that contempt of court is not a crime. Yet some counties in Oregon (including Clackamas County) continue to charge it as an unranked misdemeanor. That is, the charging instrument alleges it's a misdemeanor. The case number will often reflect a criminal case number. It will go on a contemnor's record as a misdemeanor.

As a matter of law, it's not a misdemeanor. Period. This isn't in dispute at all. The appellate courts and the AG's office have agreed repeatedly.

If you are a defense lawyer who works in a county where it is charged as a misdemeanor, move to dismiss the complaint for failure to state a crime. If that doesn't work, and your client is convicted, move to keep the judgment from referencing any sort of misdemeanor.

I am hoping that we'll get a post that thoroughly lays out the legal analysis from an OPDS attorney who has worked on this issue recently. But in the meantime, please start challenging these unlawful complaints now.