Oregon Health Authority

Under ORS 33.096, “a court may summarily impose a sanction upon a person who commits a contempt of court in the immediate view and presence of the court.”

The Oregon Health Authority (OHA) appealed the trial court’s judgment of summary contempt. The trial judge found OHA in contempt of a court order requiring a civilly committed person to be transferred to a secured residential treatment facility. On appeal, OHA argued that the court lacked authority to issue such a ruling because the actions of OHA “did not occur in the immediate view and presence of the court.” Under ORS 33.096, “a court may summarily impose a sanction upon a person who commits a contempt of court in the immediate view and presence of the court.” The court held that the trial court lacked authority to hold OHA in summary contempt. As the alleged contempt by OHA occurred outside of a judicial proceeding and beyond the presence of a judge, summary contempt was improper. This ruling follows successive Supreme Court decisions which held that summary contempt authority is limited to misconduct which takes place during a judicial proceeding. Reversed.