ORS Chapter 151
Chapter 151 — PublicDefenders; Counsel for Financially Eligible Persons
2009 EDITION
PUBLICDEFENDERS; COUNSEL FOR ELIGIBLE PERSONS
PROCEDUREIN CRIMINAL MATTERS GENERALLY
COUNTYCONTRACT FOR COUNSEL TO FINANCIALLY ELIGIBLE PERSONS
151.010 Publicdefender services by county
PUBLICDEFENSE SERVICES COMMISSION
151.211 Definitions
151.213 PublicDefense Services Commission; membership; terms
151.216 Duties;rules
151.219 Publicdefense services executive director; duties
151.221 Statusof officers and employees of office of public defense services
151.225 PublicDefense Services Account
DETERMINATIONOF FINANCIAL ELIGIBILITY
151.485 Financialeligibility; determination; financial statement; termination of appointedcounsel
151.487 Abilityto pay; effect
151.489 Personnelto verify financial eligibility
151.491 Authorityof person verifying financial eligibility
151.493 Releaseof information by state agency to State Court Administrator
151.495 Confidentialityof information obtained by state courts; exceptions
151.497 “Counsel”defined
MISCELLANEOUS
151.505 Authorityof court to order repayment of costs related to provision of appointed counsel
COUNTYCONTRACT FOR COUNSEL TO FINANCIALLY ELIGIBLE PERSONS
151.010Public defender services by county. (1) The governing body of a county, onbehalf of the county, may contract with an attorney, group of attorneys orfull-time not-for-profit public defender organization for the provision by theattorney, group of attorneys or organization of services as counsel forfinancially eligible persons in proceedings in which a court or magistrate hasthe power to appoint counsel to represent a financially eligible person and thecounty is required to pay compensation for that representation.
(2)A court or magistrate may appoint an attorney who is, or an attorney member ofa public defender organization that is, under a contract with a county asprovided in this section to represent a financially eligible person in anyproceeding in which the court or magistrate has the power to appoint counsel torepresent a financially eligible person and the county is required to paycompensation for that representation. [1971 c.432 §1; 1973 c.836 §311; 1985c.502 §11; 2001 c.962 §32]
151.020 [1971 c.432 §2;repealed by 1985 c.502 §13]
151.030 [1971 c.432 §3;repealed by 1985 c.502 §13]
151.040 [1971 c.432 §4;1983 c.740 §22; repealed by 1985 c.502 §13]
151.050 [1971 c.432 §5;repealed by 1985 c.502 §13]
151.060 [1971 c.432 §6;repealed by 1985 c.502 §13]
151.070 [1971 c.432 §7;repealed by 1985 c.502 §13]
151.080 [1971 c.432 §8;repealed by 1985 c.502 §13]
151.090 [1971 c.432 §9;repealed by 1985 c.502 §13]
151.150 [1981 s.s. c.3 §117;1985 c.502 §9; renumbered 151.460]
151.210 [Formerly138.710; repealed by 2001 c.962 §114]
PUBLICDEFENSE SERVICES COMMISSION
151.211Definitions.For purposes of ORS 151.211 to 151.221:
(1)“Bar member” means an individual who is an active member of the Oregon StateBar.
(2)“Chief Justice” means the Chief Justice of the Supreme Court.
(3)“Commission” means the Public Defense Services Commission.
(4)“Director” means the public defense services executive director appointed underORS 151.216.
(5)“Office of public defense services” means the office established by thecommission under the director to handle the cases assigned and to carry out theadministrative policies and procedures for the public defense system. [2001c.962 §1; 2007 c.71 §43]
Note: 151.211 to151.225 were enacted into law by the Legislative Assembly but were not added toor made a part of ORS chapter 151 or any series therein by legislative action.See Preface to Oregon Revised Statutes for further explanation.
151.213Public Defense Services Commission; membership; terms. (1) The PublicDefense Services Commission is established in the judicial branch of stategovernment. Except for the appointment or removal of commission members, thecommission and employees of the commission are not subject to the exercise ofadministrative authority and supervision by the Chief Justice of the SupremeCourt as the administrative head of the Judicial Department.
(2)The commission consists of seven members appointed by order of the ChiefJustice. In addition to the seven appointed members, the Chief Justice servesas a nonvoting, ex officio member. The Chief Justice shall appoint at least twopersons who are not bar members, at least one person who is a bar member andwho is engaged in criminal defense representation and at least one person whois a former Oregon state prosecutor. Except for the Chief Justice or a seniorjudge under ORS 1.300, a member may not serve concurrently as a judge, aprosecuting attorney or an employee of a law enforcement agency. A person whois primarily engaged in providing public defense services may not serve as amember of the commission.
(3)The term of a member is four years beginning on the effective date of the orderof the Chief Justice appointing the member. A member is eligible forreappointment if qualified for membership at the time of reappointment. Amember may be removed from the commission by order of the Chief Justice. If avacancy occurs for any cause before the expiration of the term of a member, theChief Justice shall make an appointment to become immediately effective for theunexpired term.
(4)A chairperson and a vice chairperson shall be appointed by order of the ChiefJustice every two years with such functions as the commission may determine. Amember is eligible for reappointment as chairperson or vice chairperson.
(5)A majority of the voting members constitutes a quorum for the transaction ofbusiness.
(6)A member of the commission is not entitled to compensation for services as amember, but is entitled to expenses as provided in ORS 292.495 (2). [2001 c.962§2; 2003 c.449 §15]
Note: See note under151.211.
151.216Duties; rules.(1) The Public Defense Services Commission shall:
(a)Establish and maintain a public defense system that ensures the provision ofpublic defense services in the most cost-efficient manner consistent with theOregon Constitution, the United States Constitution and Oregon and nationalstandards of justice.
(b)Establish an office of public defense services and appoint a public defenseservices executive director who serves at the pleasure of the commission.
(c)Submit the budget of the commission and the office of public defense servicesto the Legislative Assembly after the budget is submitted to the commission bythe director and approved by the commission. The Chief Justice of the SupremeCourt and the chairperson of the commission shall present the budget to theLegislative Assembly.
(d)Review and approve any public defense services contract negotiated by thedirector before the contract can become effective.
(e)Adopt a compensation plan, classification system and personnel plan for theoffice of public defense services that are commensurate with other stateagencies.
(f)Adopt policies, procedures, standards and guidelines regarding:
(A)The determination of financial eligibility of persons entitled to berepresented by appointed counsel at state expense;
(B)The appointment of counsel;
(C)The fair compensation of counsel appointed to represent a person financiallyeligible for appointed counsel at state expense;
(D)Appointed counsel compensation disputes;
(E)Any other costs associated with the representation of a person by appointedcounsel in the state courts that are required to be paid by the state under ORS34.355, 135.055, 138.500, 138.590, 161.346, 161.365, 161.385, 419A.211,419B.201, 419B.208, 419B.518, 419B.908, 419C.206, 419C.209, 419C.408, 419C.535,426.100, 426.135, 426.250, 426.307, 427.265, 427.295, 436.265 or 436.315 or anyother provision of law that expressly provides for payment of such compensation,costs or expenses by the commission;
(F)Professional qualifications for counsel appointed to represent public defenseclients;
(G)Performance for legal representation;
(H)The contracting of public defense services;
(I)Contracting with expert witnesses to allow contracting with out-of-state expertwitnesses only if in-state expert witnesses are not available or are moreexpensive than out-of-state expert witnesses; and
(J)Any other matters necessary to carry out the duties of the commission.
(g)Establish a peer review system for the approval of nonroutine fees and expensesincurred in cases involving aggravated murder and the crimes listed in ORS137.700 and 137.707. The review shall be conducted by a panel of attorneys whopractice in the area of criminal defense.
(h)Establish a complaint process that allows district attorneys, criminal defensecounsel and the public to file complaints concerning the payment from publicfunds of nonroutine fees and expenses incurred in cases.
(i)Reimburse the State Court Administrator from funds deposited in the subaccountestablished under ORS 151.225 for the costs of personnel and other costsassociated with location of eligibility verification and screening personnelpursuant to ORS 151.489 by the State Court Administrator.
(2)Policies, procedures, standards and guidelines adopted by the commissionsupersede any conflicting rules, policies or procedures of the Public DefenderCommittee, State Court Administrator, circuit courts, the Court of Appeals, theSupreme Court and the Psychiatric Security Review Board related to the exerciseof the commission’s administrative responsibilities under this section andtransferred duties, functions and powers as they occur.
(3)The commission may accept gifts, grants or contributions from any source,whether public or private. However, the commission may not accept a gift, grantor contribution if acceptance would create a conflict of interest. Moneysaccepted under this subsection shall be deposited in the Public DefenseServices Account created in ORS 151.225 and expended for the purposes for whichgiven or granted.
(4)The commission may not:
(a)Make any decision regarding the handling of any individual case;
(b)Have access to any case file; or
(c)Interfere with the director or any member of the staff of the director incarrying out professional duties involving the legal representation of publicdefense clients. [2001 c.962 §§3,106; 2003 c.449 §§1,2,42; 2005 c.843 §23]
Note: See note under151.211.
151.219Public defense services executive director; duties. (1) The publicdefense services executive director shall:
(a)Recommend to the Public Defense Services Commission how to establish andmaintain, in a cost-effective manner, the delivery of legal services to personsentitled to, and financially eligible for, appointed counsel at state expenseunder Oregon statutes, the Oregon Constitution, the United States Constitutionand consistent with Oregon and national standards of justice.
(b)Implement and ensure compliance with contracts, policies, procedures, standardsand guidelines adopted by the commission or required by statute.
(c)Prepare and submit to the commission for its approval the biennial budget ofthe commission and the office of public defense services.
(d)Negotiate contracts, as appropriate, for providing legal services to personsfinancially eligible for appointed counsel at state expense. No contract sonegotiated is binding or enforceable until the contract has been reviewed and approvedby the commission as provided in ORS 151.216.
(e)Employ personnel or contract for services as necessary to carry out theresponsibilities of the director and the office of public defense services.
(f)Supervise the personnel, operation and activities of the office of publicdefense services.
(g)Provide services, facilities and materials necessary for the performance of theduties, functions and powers of the Public Defense Services Commission.
(h)Pay the expenses of the commission and the office of public defense services.
(i)Prepare and submit to the commission an annual report of the activities of theoffice of public defense services.
(j)Prepare and submit to the Legislative Assembly a biennial report on theactivities of the office of public defense services.
(k)Provide for legal representation, advice and consultation for the commission,its members, the director and staff of the office of public defense serviceswho require such services or who are named as defendants in lawsuits arisingfrom their duties, functions and responsibilities. If requested by thedirector, the Attorney General may also provide for legal representation,advice and consultation for the commission, its members, the director and staffof the office of public defense services in litigation.
(2)The director may designate persons as representatives of the director for thepurposes of determining and paying bills submitted to the office of publicdefense services and determining preauthorization for incurring fees andexpenses under ORS 135.055. [2001 c.962 §§4, 106a; 2003 c.449 §§3,4]
Note: See note under151.211.
151.220 [Formerly138.740; repealed by 2001 c.962 §114]
151.221Status of officers and employees of office of public defense services. Officers andemployees of the office of public defense services, who are appointed under apersonnel plan adopted by the Public Defense Services Commission, are stateofficers or employees in the exempt service and are not subject to ORS chapter240. [2003 c.449 §17]
Note: See note under151.211.
151.225Public Defense Services Account. (1) There is created a Public DefenseServices Account in the General Fund. The Public Defense Services Account iscontinuously appropriated to the Public Defense Services Commission to paycompensation of counsel and other expenses in connection with the legalrepresentation of persons for which the commission is responsible by law.
(2)All moneys appropriated to the commission to pay compensation of counsel andother expenses in connection with the legal representation of persons for whichthe commission is responsible by law shall be deposited in the Public DefenseServices Account.
(3)All moneys received by the Judicial Department under ORS 135.050 (8), 151.487(1), 151.505 (3), 419A.211, 419B.198 (1) or 419C.203 (1) shall be deposited ina separate subaccount created in the Public Defense Services Account to be usedby the public defense services executive director to reimburse the actual costsand expenses, including personnel expenses, incurred in administration andsupport of the public defense system.
(4)All gifts, grants or contributions accepted by the commission under ORS 151.216shall be deposited in a separate subaccount created in the Public DefenseServices Account to be used by the commission for the purpose for which thegift, grant or contribution was given or granted.
(5)As used in this section, “other expenses in connection with the legalrepresentation of persons for which the commission is responsible by law”includes expenses incurred in the administration of the public defense system. [2001c.962 §§5, 106b]
Note: See note under151.211.
151.230 [Formerly138.750; 1983 c.740 §23; repealed by 2001 c.962 §114]
151.240 [Formerly138.760; repealed by 2001 c.962 §114]
151.250 [Formerly138.770; 1973 c.694 §19; 1987 c.320 §84; 1991 c.724 §26; 1993 c.33 §303; 1995c.117 §3; repealed by 2001 c.962 §114]
151.260 [Formerly138.780; repealed by 2001 c.962 §114]
151.270 [Formerly138.720; repealed by 2001 c.962 §114]
151.280 [Formerly138.730; 1983 c.740 §24; repealed by 2001 c.962 §114]
151.290 [Formerly138.790; repealed by 2001 c.962 §114]
151.410 [1985 c.502 §2;repealed by 1987 c.803 §27]
151.420 [1985 c.502 §3;repealed by 1987 c.803 §27]
151.430 [1985 c.502 §5;1987 c.803 §10; 1995 c.677 §2; 2001 c.962 §109; repealed by 2001 c.962 §115]
151.440 [1985 c.502 §6;repealed by 1987 c.803 §27]
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]
151.460 [Formerly151.150; 1987 c.803 §12; 1989 c.1053 §8; 1995 c.677 §3; 2001 c.962 §111;repealed by 2001 c.962 §115]
151.465 [1987 c.803 §9;1997 c.761 §13; 2001 c.480 §14; repealed by 2001 c.962 §115]
151.470 [1985 c.502 §15;repealed by 1987 c.803 §27]
151.480 [1985 c.502 §18;2001 c.962 §112; repealed by 2001 c.962 §115]
DETERMINATIONOF FINANCIAL ELIGIBILITY
151.485Financial eligibility; determination; financial statement; termination of appointedcounsel.(1) For purposes of determining the financial eligibility for appointed counselof persons with a constitutional or statutory right to counsel in mattersbefore the state courts and whose counsel is authorized to be paid by thepublic defense services executive director under ORS 151.219, a person isfinancially eligible for appointed counsel if the person is determined to befinancially unable to retain adequate counsel without substantial hardship inproviding basic econ