Arraignment and Pretrial Provisions

ORS 135.045
Court appointment of counsel

  • waiver of counsel
  • appointment of legal advisor


(1)

(a) If the defendant in a criminal action appears without counsel at arraignment or thereafter, the court shall determine whether the defendant wishes to be represented by counsel.

(b)

If the defendant does wish to be represented by counsel, the court, in accordance with ORS 135.050 (Eligibility for court-appointed counsel), shall appoint counsel to represent the defendant.

(c)

If the defendant wishes to waive counsel, the court shall determine whether the defendant has made a knowing and voluntary waiver of counsel. The court shall accept the waiver of counsel if the defendant is not charged with a capital offense. The court may decline to accept the waiver of counsel if the defendant is charged with a capital offense.

(d)

If the court accepts a defendant’s waiver of counsel, the court may allow an attorney to serve as the defendant’s legal advisor and may, in accordance with ORS 135.050 (Eligibility for court-appointed counsel), appoint an attorney as the defendant’s legal advisor.

(2)

Appointment of counsel, including a legal advisor, under this section is subject to ORS 135.050 (Eligibility for court-appointed counsel), 135.055 (Compensation and expenses of appointed counsel) and 151.485 (Financial eligibility) to 151.497 (“Counsel” defined for ORS 151.485 to 151.497). [Formerly 135.320; 1987 c.803 §13; 1989 c.171 §16; 1989 c.1053 §1a; 1991 c.790 §11; 2001 c.472 §1; 2001 c.962 §24]

See also annotations under ORS 135.320 in permanent edition.

Notes of Decisions

Where case against defendant was 20 months old and had already been postponed four times and defendant had been advised by four attorneys and thought himself more competent than any of them and waived his right to assistance of counsel, trial court did not err in not appointing another counsel. State v. Pagan, 80 Or App 65, 721 P2d 859 (1986), Sup Ct review denied

Defendant must be permitted to state reasons why counsel should be discharged and new counsel appointed. State v. McCabe, 103 Or App 426, 797 P2d 406 (1990)

Atty. Gen. Opinions

Appointment of counsel for defendant, (1974) Vol 36, p 1038

§§ 135.040 to 135.055

Notes of Decisions

Public Defender lacked standing to prosecute appeal of conviction for driving under influence of intoxicants obtained in absentia and without defendant's authorization. State v. Lyon, 36 Or App 255, 584 P2d 345 (1978)

Law Review Citations

11 WLJ 284 (1975)


Source

Last accessed
Jun. 26, 2021