FILED: October 22, 2009

IN THE SUPREME COURT OF THE STATE OF OREGON

STATE OF OREGON,

Plaintiff,

v.

CHARLES BO McGEE,

Defendant-Relator,

CITY OF GRESHAM,

Intervenor-Adverse Party.

(CC 080343630; SC S056467)

En Banc

Original proceeding in mandamus.*

Argued and submitted September 14, 2009.

John Henry Hingson III, Oregon City, argued the cause and filed the brief for defendant-relator.

Heather A. Pauley, Senior Assistant City Attorney, Gresham, argued the cause and filed the brief for intervenor-adverse party City of Gresham.

DE MUNIZ, C. J.

Peremptory writ to issue.

*On petition for writ of mandamus from an order of the Multnomah County Circuit Court, Youlee Y. You, Judge.

DE MUNIZ, C.J.

This mandamus case arises out of a contempt proceeding in which the defendant in an underlying criminal case seeks remedial sanctions against a City of Gresham Police Officer who, as a witness in the criminal case, failed to comply with defendant's subpoena duces tecum.