(1) Suitable counsel for a defendant shall be appointed by a municipal, county or justice court if:
(a) The defendant is before a court on a matter described in subsection (5) of this section;
(b) The defendant requests aid of counsel;
(c) The defendant provides to the court a written and verified financial statement; and
(d) It appears to the court that the defendant is financially unable to retain adequate representation without substantial hardship in providing basic economic necessities to the defendant or the defendant’s dependent family.
(2) Suitable counsel for a defendant shall be appointed by a circuit court if:
(a) The defendant is before the court on a matter described in subsection (5) of this section;
(b) The defendant requests aid of counsel;
(c) The defendant provides to the court a written and verified financial statement; and
(d)(A) The defendant is determined to be financially eligible under ORS 151.485 and the standards established by the Public Defense Services Commission under ORS 151.216; or
(B) The court finds, on the record, substantial and compelling reasons why the defendant is financially unable to retain adequate representation without substantial hardship in providing basic economic necessities to the defendant or the defendant’s dependent family despite the fact that the defendant does not meet the financial eligibility standards established by the commission.
(3) Appointed counsel may not be denied to any defendant merely because the defendant’s friends or relatives have resources adequate to retain counsel or because the defendant has deposited or is capable of depositing security for release. However, appointed counsel may be denied to a defendant if the defendant’s spouse has adequate resources which the court determines should be made available to retain counsel.
(4) The defendant’s financial statement under subsection (1) or (2) of this section shall include, but not be limited to:
(a) A list of bank accounts in the name of defendant or defendant’s spouse, and the balance in each;
(b) A list of defendant’s interests in real property and those of defendant’s spouse;
(c) A list of automobiles and other personal property of significant value belonging to defendant or defendant’s spouse;
(d) A list of debts in the name of defendant or defendant’s spouse, and the total of each; and
(e) A record of earnings and other sources of income in the name of defendant or defendant’s spouse, and the total of each.
(5) Counsel must be appointed for a defendant who meets the requirements of subsection (1) or (2) of this section and who is before a court on any of the following matters:
(a) Charged with a crime.
(b) For a hearing to determine whether an enhanced sentence should be imposed when such proceedings may result in the imposition of a felony sentence.
(c) For extradition proceedings under the provisions of the Uniform Criminal Extradition Act.
(d) For any proceeding concerning an order of probation, including but not limited to the revoking or amending thereof.
(6) Unless otherwise ordered by the court, the appointment of counsel under this section shall continue during all criminal proceedings resulting from the defendant’s arrest through acquittal or the imposition of punishment. The court having jurisdiction of the case may not substitute one appointed counsel for another except pursuant to the policies, procedures, standards and guidelines of the Public Defense Services Commission under ORS 151.216.
(7) If, at any time after the appointment of counsel, the court having jurisdiction of the case finds that the defendant is financially able to obtain counsel, the court may terminate the appointment of counsel. If, at any time during criminal proceedings, the court having jurisdiction of the case finds that the defendant is financially unable to pay counsel whom the defendant has retained, the court may appoint counsel as provided in this section.
(8) The court may order the defendant in a circuit court to pay to the Public Defense Services Account in the General Fund, through the clerk of the court, in full or in part the administrative costs of determining the eligibility of the defendant for appointed counsel and the costs of the legal and other services that are related to the provision of appointed counsel under ORS 151.487, 151.505 or 161.665.
(9) In addition to any criminal prosecution, a civil proceeding may be initiated by any public body which has expended moneys for the defendant’s legal assistance within two years of judgment if the defendant was not qualified in accordance with subsection (1) or (2) of this section for legal assistance.
(10) The civil proceeding shall be subject to the exemptions from execution as provided for by law.
(11) As used in this section unless the context requires otherwise, “counsel” includes a legal advisor appointed under ORS 135.045. [Formerly 133.625; 1981 c.3 §118; 1985 c.710 §1; 1989 c.1053 §1b; 1997 c.761 §8; 2001 c.472 §4; 2001 c.962 §25; 2003 c.449 §49]
Section: Previous 135.010 135.020 135.030 135.035 135.037 135.040 135.045 135.050 135.053 135.055 135.060 135.065 135.067 135.070 135.073 NextLast modified: August 7, 2008