Oregon Revised Statutes
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…
OREGON PUBLIC DEFENSE COMMISSION
For purposes of ORS 151.211 to 151.223: “Appointed counsel” includes trial-level and appellate attorneys who are employees of the Oregon Public Defense Commission, attorneys employed by a nonprofit public defense organization and attorneys on the panel of qualified counsel described in ORS 151.216 (5) who contract with the commission to provide public defen…
The Oregon Public Defense Commission is established in the executive branch of state government. Nine voting members and four nonvoting members shall be appointed to the commission by the Governor as follows: The Governor shall appoint: One voting member who has been represented by a public defense provider. Two additional voting members, one of whom has…
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…
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,…
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 note under 151.211.
The Oregon Public Defense Commission may enter into a contract with an entity that subcontracts with other entities or persons for the provision of public defense services only if the entity operates in accordance with standards and requirements established by the commission either through adopted policies or contract language approved by the Department of J…
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);…
The Oregon Public Defense Commission Lawyer Trust Account is established as a trust account in the State Treasury, separate and distinct from the General Fund. Interest earned by the trust account shall be credited to the trust account. All moneys in the trust account are appropriated continuously to and shall be used by the Oregon Public Defense Commission …
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…
DETERMINATION OF FINANCIAL ELIGIBILITY
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…
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…
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…
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…
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 …
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…
As used in ORS 151.485 to 151.497 unless the context requires otherwise, “counsel” includes a legal advisor appointed under ORS 135.045. MISCELLANEOUS
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…