← Back to chapters

Oregon Revised Statutes

Chapter 151 — Public Defenders; Counsel for Financially Eligible Persons

43 sections

151.010 Public defender services by county

The governing body of a county, on behalf of the county, may contract with an attorney, group of attorneys or full-time not-for-profit public defender organization for the provision by the attorney, group of attorneys or organization of services as counsel for financially eligible persons in proceedings in which a court or magistrate has the power to appoint…

151.020 [1971 c.432 §2; repealed by 1985 c.502 §13]repealed

No operative statutory text appears at this designation in the selected edition.

151.030 [1971 c.432 §3; repealed by 1985 c.502 §13]repealed

No operative statutory text appears at this designation in the selected edition.

151.040 [1971 c.432 §4; 1983 c.740 §22; repealed by 1985 c.502 §13]repealed

No operative statutory text appears at this designation in the selected edition.

151.050 [1971 c.432 §5; repealed by 1985 c.502 §13]repealed

No operative statutory text appears at this designation in the selected edition.

151.060 [1971 c.432 §6; repealed by 1985 c.502 §13]repealed

No operative statutory text appears at this designation in the selected edition.

151.070 [1971 c.432 §7; repealed by 1985 c.502 §13]repealed

No operative statutory text appears at this designation in the selected edition.

151.080 [1971 c.432 §8; repealed by 1985 c.502 §13]repealed

No operative statutory text appears at this designation in the selected edition.

151.090 [1971 c.432 §9; repealed by 1985 c.502 §13]repealed

No operative statutory text appears at this designation in the selected edition.

151.150 [1981 s.s. c.3 §117; 1985 c.502 §9; renumbered 151.460]renumbered

No operative statutory text appears at this designation in the selected edition.

151.210 [Formerly 138.710; repealed by 2001 c.962 §114]repealed

No operative statutory text appears at this designation in the selected edition.

151.211 Definitions for ORS 151.211 to 151.221

For purposes of ORS 151.211 to 151.221: “Chief Justice” means the Chief Justice of the Supreme Court. “Commission” means the Oregon Public Defense Commission. Note: The amendments to 151.211 by section 93, chapter 281, Oregon Laws 2023, become operative July 1, 2025. See section 102, chapter 281, Oregon Laws 2023. The text that is operative on and after …

151.213 Oregon Public Defense Commission; membership; terms; member duties

The Oregon Public Defense Commission is established in the judicial branch of state government. Except for the appointment or removal of commission members, the commission and employees of the commission are not subject to the exercise of administrative authority and supervision by the Chief Justice of the Supreme Court as the administrative head of the Judi…

151.216 Commission duties

The Oregon Public Defense Commission shall: Establish and maintain a public defense system that ensures the provision of public defense services consistent with the Oregon Constitution, the United States Constitution and Oregon and national standards of justice. Adopt policies for public defense providers that: Ensure compensation, resources and caseloads…

151.219 Executive director; duties

The executive director of the Oregon Public Defense Commission shall: Designate a deputy director of the commission who serves at the pleasure of the executive director. Hire necessary staff for the commission. Recommend to the commission how to establish and maintain, in a cost-effective manner, the delivery of legal services to persons entitled to, and,…

151.220 [Formerly 138.740; repealed by 2001 c.962 §114]repealed

No operative statutory text appears at this designation in the selected edition.

151.221 Status of officers and employees of commission

Officers and employees of the Oregon Public Defense Commission are state officers or employees in the exempt service and are not subject to ORS chapter 240. Note: See second note under 151.211.

151.225 Public Defense Services Account

The Public Defense Services Account is established in the State Treasury, separate and distinct from the General Fund. The Public Defense Services Account is continuously appropriated to the Oregon Public Defense Commission for: Administration and support of the public defense system; Reimbursement of the State Court Administrator under ORS 151.216 (1)(i);…

151.230 [Formerly 138.750; 1983 c.740 §23; repealed by 2001 c.962 §114]repealed

No operative statutory text appears at this designation in the selected edition.

151.235 Public defense population forecasts

The Oregon Department of Administrative Services shall issue state public defense population forecasts including, but not limited to, expected populations of adults and juveniles eligible for appointed counsel, to be used by: The Oregon Public Defense Commission, in preparing budget requests or for any other purpose determined necessary by the commission; o…

151.240 [Formerly 138.760; repealed by 2001 c.962 §114]repealed

No operative statutory text appears at this designation in the selected edition.

151.250 [Formerly 138.770; 1973 c.694 §19; 1987 c.320 §84; 1991 c.724 §26; 1993 c.33 §303; 1995 c.117 §3; repealed by 2001 c.962 §114]repealed

No operative statutory text appears at this designation in the selected edition.

151.260 [Formerly 138.780; repealed by 2001 c.962 §114]repealed

No operative statutory text appears at this designation in the selected edition.

151.270 [Formerly 138.720; repealed by 2001 c.962 §114]repealed

No operative statutory text appears at this designation in the selected edition.

151.280 [Formerly 138.730; 1983 c.740 §24; repealed by 2001 c.962 §114]repealed

No operative statutory text appears at this designation in the selected edition.

151.290 [Formerly 138.790; repealed by 2001 c.962 §114]repealed

No operative statutory text appears at this designation in the selected edition.

151.410 [1985 c.502 §2; repealed by 1987 c.803 §27]repealed

No operative statutory text appears at this designation in the selected edition.

151.420 [1985 c.502 §3; repealed by 1987 c.803 §27]repealed

No operative statutory text appears at this designation in the selected edition.

151.430 [1985 c.502 §5; 1987 c.803 §10; 1995 c.677 §2; 2001 c.962 §109; repealed by 2001 c.962 §115]repealed

No operative statutory text appears at this designation in the selected edition.

151.440 [1985 c.502 §6; repealed by 1987 c.803 §27]repealed

No operative statutory text appears at this designation in the selected edition.

151.450 [1985 c.502 §7; 1987 c.803 §11; 1991 c.724 §27; 1991 c.750 §9; 1993 c.33 §304; 2001 c.480 §13; 2001 c.962 §110; repealed by 2001 c.962 §115]repealed

No operative statutory text appears at this designation in the selected edition.

151.460 [Formerly 151.150; 1987 c.803 §12; 1989 c.1053 §8; 1995 c.677 §3; 2001 c.962 §111; repealed by 2001 c.962 §115]repealed

No operative statutory text appears at this designation in the selected edition.

151.465 [1987 c.803 §9; 1997 c.761 §13; 2001 c.480 §14; repealed by 2001 c.962 §115]repealed

No operative statutory text appears at this designation in the selected edition.

151.470 [1985 c.502 §15; repealed by 1987 c.803 §27]repealed

No operative statutory text appears at this designation in the selected edition.

151.480 [1985 c.502 §18; 2001 c.962 §112; repealed by 2001 c.962 §115]repealed

No operative statutory text appears at this designation in the selected edition.

151.485 Financial eligibility; determination; financial statement; termination of appointed counsel

For purposes of determining the financial eligibility for appointed counsel of persons with a constitutional or statutory right to counsel in matters before the state courts and whose counsel is authorized to be paid by the executive director of the Oregon Public Defense Commission, a person is financially eligible for appointed counsel if the person is dete…

151.487 Ability to pay; effect

If in determining that a person is financially eligible for appointed counsel under ORS 151.485, the court finds that the person has financial resources that enable the person to pay in full or in part the administrative costs of determining the eligibility of the person and the costs of the legal and other services to be provided at state expense that are r…

151.489 Personnel to verify financial eligibility

For the purpose of aiding courts in making determinations of financial eligibility for appointed counsel at state expense under ORS 151.485 and 151.487, the State Court Administrator may locate eligibility verification and screening personnel or otherwise arrange for such services in the state trial and appellate courts or other locations and shall prescribe…

151.491 Authority of person verifying financial eligibility

State courts or authorized designees who conduct the verification of the financial statement submitted by a person seeking or having appointed counsel payable at state expense under ORS 151.216 and 151.219 may require the person to execute and deliver any written requests or authorizations as may be necessary under applicable law to provide the state court o…

151.493 Release of information by state agency to State Court Administrator

Notwithstanding any other provision of law, any state agency as defined in ORS 192.311 that receives a request for release of information from the state courts for the purpose of verifying the financial eligibility of a person under ORS 151.485 to 151.497 shall release all requested information to the state court. The court shall forward to the state agency …

151.495 Confidentiality of information obtained by state courts; exceptions

All information supplied by a person seeking appointed counsel and all information collected by the state courts for purposes of determining financial eligibility for appointed counsel under ORS 151.485 to 151.497 is confidential and shall not be used for any purpose other than determining financial eligibility. Notwithstanding subsection (1) of this sectio…

151.497 “Counsel” defined for ORS 151.485 to 151.497

As used in ORS 151.485 to 151.497 unless the context requires otherwise, “counsel” includes a legal advisor appointed under ORS 135.045.

151.505 Authority of court to order repayment of costs related to provision of appointed counsel

At the conclusion of a case or matter in which the first accusatory instrument or petition in the trial court was filed after January 1, 1998, and in which the court appointed counsel to represent a person, a trial, appellate or post-conviction court may include in its judgment a money award requiring that the person repay in full or in part the administrati…