Right to counsel
Defendants in contempt matters where incarceration is sought have the right to appointed counsel if indigent. O.R.S. § 33.055(10)(d) states:
A court may not impose a remedial sanction of confinement on a contempt defendant unless, before the hearing is held, the contempt defendant is:
(A) Informed that such sanction may be imposed; and
(B) Afforded the same right to appointed counsel required in proceedings for the imposition of an equivalent punitive sanction of confinement.
The court must also inform the defendant of their potential right to counsel. Id. at (10)(c) (“If the contempt defendant is not represented by counsel when appearing before the court, the court shall inform the contempt defendant of the right to retained counsel, and, if confinement has been sought as a sanction, of the right to appointed counsel if the contempt defendant is financially eligible.”
