In re the Marriage of Gorger

728 P.2d 104, 82 Or. App. 417
CourtCourt of Appeals of Oregon
DecidedNovember 12, 1986
Docket81-10-1223; CA A36709
StatusPublished
Cited by3 cases

This text of 728 P.2d 104 (In re the Marriage of Gorger) is published on Counsel Stack Legal Research, covering Court of Appeals of Oregon primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
In re the Marriage of Gorger, 728 P.2d 104, 82 Or. App. 417 (Or. Ct. App. 1986).

Opinion

PER CURIAM

Husband appeals from an order adjudging him in contempt for willful failure to pay child support. He contends that the trial court failed to advise him of the right to appointed counsel.

ORS 33.095 requires the court to inform an alleged contemnor, if unrepresented by counsel, of both the right to counsel and the right to appointed counsel, if the alleged contemnor is indigent and if incarceration may result. Husband appeared for the hearing without counsel. The court did not advise him of his right to appointed counsel. Therefore, we reverse and remand. State ex rel Ketcham v. Ketcham, 68 Or App 740, 683 P2d 555 (1984).

Because we are remanding, husband’s other assignments of error need not be addressed.

Reversed and remanded.

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Related

Mead v. Batchlor
460 N.W.2d 493 (Michigan Supreme Court, 1990)
State ex rel. Van Eck v. Van Eck
767 P.2d 464 (Court of Appeals of Oregon, 1989)
In the Matter of Marriage of Gorger and Gorger
728 P.2d 104 (Court of Appeals of Oregon, 1986)

Cite This Page — Counsel Stack

Bluebook (online)
728 P.2d 104, 82 Or. App. 417, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-marriage-of-gorger-orctapp-1986.