Eligibility for court-appointed counsel
- financial statement
- termination
- civil liability
Source:
Section 135.050 — Eligibility for court-appointed counsel; financial statement; termination; civil liability, https://www.oregonlegislature.gov/bills_laws/ors/ors135.html.
See also annotations under ORS 133.625 in permanent edition.
Notes of Decisions
The Oregon recoupment scheme does not violate the Equal Protection Clause of the Fourteenth Amendment of the U.S. Constitution. Fuller v. Oregon, 417 US 40, 40 L Ed 2d 642, 94 S Ct 2116 (1973)
Where indigent defendant was provided witness fees to insure testimony of out-of-state psychiatrist who had examined him, denial of his motion for appointment of additional psychiatrist was not violation of constitutional due process. State v. Glover, 33 Or App 553, 577 P2d 91 (1978)
Under this section, interests of justice did not require substitution of another appointed counsel for public defender where defendant rejected public defender because public defender represented all criminal defendants and allegedly would not have time to devote to his case. State v. Reid, 36 Or App 417, 585 P2d 411 (1978)
Under this section, appointment of counsel in extradition cases continues through appellate stages within this state. State ex rel Roby v. Mason, 284 Or 427, 587 P2d 94 (1978)
Where financial statement revealed that defendant had $750 in salable assets, no outstanding debts and no disabilities which would prevent him from obtaining work, it was not error for court to conclude that defendant had sufficient means to obtain counsel without undue hardship. State v. Gordon, 43 Or App 511, 603 P2d 511 (1979), Sup Ct review denied
Where, on hearing of motion for removal of appointed counsel, counsel stated he had researched case, was familiar with the evidence and was pursuing defendant’s best interests, record supported trial court’s finding that it was not in best interest of justice to appoint new counsel under this section. State v. Williams, 43 Or App 949, 607 P2d 740 (1979)
Where trial court was confronted with choice of either continuing trial for two months or replacing defendant’s attorney, both over defendant’s objection, substitution of attorney was required in interest of justice. State v. White, 53 Or App 856, 632 P2d 1363 (1981)
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
This section, interpreted in light of Article I, section 11 of Oregon Constitution, requires that indigent defendant who requests counsel have aid of court-appointed counsel in DUII diversion termination hearing. State v. Vest, 88 Or App 101, 744 P2d 288 (1987)
Court erred in denying defendant’s request for counsel solely on basis of defendant’s failure to list his income on affidavit of indigency, and should have made further inquiry based on attached note concerning defendant’s bankruptcy filing. State v. Foster, 95 Or App 452, 769 P2d 790 (1989)
Record was insufficient to support trial court’s denial of court-appointed counsel where only information in record concerning defendant’s financial condition indicated he had no income and that his liabilities exceeded his assets. State v. Freeman, 96 Or App 70, 771 P2d 304 (1989)
Where defendant became dissatisfied with counsel’s strategy, trial court did not abuse discretion by denying defendant’s motion for substitution of counsel. State v. Langley, 314 Or 247, 839 P2d 692 (1992), on reconsideration 318 Or 28, 861 P2d 1012 (1993)
Attorney General Opinions
Appointment of counsel for defendant, (1974) Vol 36, p 1038
Law Review Citations
53 OLR 426 (1974); 11 WLJ 288, 289 (1975)
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