Chapter 151 — Chapter 151

ORS 151.010 Public defender services by county. (1) 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 counsel to represent a financially eligible person and the county is required to pay compensation for that representation

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ORS 151.020 [1971 c.432 §2; repealed by 1985 c.502 §13]

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ORS 151.030 [1971 c.432 §3; repealed by 1985 c.502 §13]

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ORS 151.040 [1971 c.432 §4; 1983 c.740 §22; repealed by 1985 c.502 §13]

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ORS 151.050 [1971 c.432 §5; repealed by 1985 c.502 §13]

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ORS 151.060 [1971 c.432 §6; repealed by 1985 c.502 §13]

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ORS 151.070 [1971 c.432 §7; repealed by 1985 c.502 §13]

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ORS 151.080 [1971 c.432 §8; repealed by 1985 c.502 §13]

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ORS 151.090 [1971 c.432 §9; repealed by 1985 c.502 §13]

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

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ORS 151.210 [Formerly 138.710; repealed by 2001 c.962 §114]

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ORS 151.211 Definitions for ORS 151.211 to 151.223. For purposes of ORS 151.211 to 151.223

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ORS 151.213 Oregon Public Defense Commission; membership; member duties; appointment of executive director. (1) The Oregon Public Defense Commission is established in the executive branch of state government

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ORS 151.216 Commission duties; rules. (1) The Oregon Public Defense Commission shall

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ORS 151.219 Executive director; duties. (1) The executive director of the Oregon Public Defense Commission shall

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ORS 151.220 [Formerly 138.740; repealed by 2001 c.962 §114]

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ORS 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. [2003 c.449 §17; 2023 c.281 §5]

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ORS 151.223 Standards and requirements for contracts with subcontracting entities. (1) 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 Justice

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ORS 151.225 Public Defense Services Account. (1) 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

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ORS 151.229 Oregon Public Defense Commission Lawyer Trust Account. (1) 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 for the sole purpose of making payments on behalf of clients of the commission

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

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ORS 151.235 Public defense population forecasts. (1) 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

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

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ORS 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]

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

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

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

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

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

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

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

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

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ORS 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]

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ORS 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]

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

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

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

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ORS 151.485 Financial eligibility; determination; financial statement; termination of appointed counsel. (1) 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 determined to be financially unable to retain adequate counsel without substantial hardship in providing basic economic necessities to the person or the person’s dependent family under standards established by the Oregon Public Defense Commission under ORS 151.216

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ORS 151.487 Ability to pay; effect. (1) 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 related to the provision of appointed counsel, the court shall enter a limited judgment requiring that the person pay to the Public Defense Services Account established by ORS 151.225, through the clerk of the court, the amount that it finds the person is able to pay without creating substantial hardship in providing basic economic necessities to the person or the person’s dependent family. The amount that a court may require the person to pay is subject to the guidelines and procedures issued by the Oregon Public Defense Commission as provided in subsection (4) of this section

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ORS 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 the policies and procedures for their use. [1989 c.1053 §15; 2001 c.962 §35]

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ORS 151.491 Authority of person verifying financial eligibility. (1) 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 or authorized designee with access to records of public or private source, otherwise confidential, as may be needed to evaluate eligibility

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ORS 151.493 Release of information by state agency to State Court Administrator. (1) 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 a certification signed by the person about whom the requested information is sought that authorizes the release of the information

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ORS 151.495 Confidentiality of information obtained by state courts; exceptions. (1) 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

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ORS 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. [2001 c.472 §10]

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ORS 151.505 Authority of court to order repayment of costs related to provision of appointed counsel. (1) 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 administrative costs of determining the eligibility of the person for appointed counsel, and the costs of the legal and other services that are related to the provision of appointed counsel, that have not previously been required to be paid under a limited judgment entered under ORS 151.487. An award under this section is a monetary obligation payable to the state

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