If a person determined by a court to be mentally retarded appeals the determination or disposition based thereon, and is determined to be financially eligible for appointed counsel at state expense, the court, upon request of the person or upon its own motion, shall appoint suitable legal counsel to represent the person. The compensation for legal counsel and costs and expenses necessary to the appeal shall be determined and paid by the public defense services executive director as provided in ORS 135.055 if the circuit court is the appellate court or as provided in ORS 138.500 if the Court of Appeals or Supreme Court is the appellate court. The compensation, costs and expenses so allowed shall be paid as provided in ORS 138.500. [1979 c.867 §15; 1981 s.s. c.3 §136; 1985 c.502 §26; 2001 c.962 §73]
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