Costs
Source:
Section 161.665 — Costs, https://www.oregonlegislature.gov/bills_laws/ors/ors161.html.
Notes of Decisions
Fees of appointed defense attorneys and investigation expenses are “costs” which are assessable to defendant as part of sentence. State v. Fuller, 12 Or App 152, 504 P2d 1393 (1973), Sup Ct review denied, aff’d 40 L Ed 2d 642, 94 S Ct 2116
This section does not unconstitutionally deny defendant right to counsel, nor unconstitutionally discriminate against him because of poverty. State v. Fuller, 12 Or App 152, 504 P2d 1393 (1973), Sup Ct review denied, aff’d 40 L Ed 2d 642, 94 S Ct 2116
When sentence is imposed and defendant has commenced service of that sentence, trial court’s jurisdiction to supplement it by amendment is exhausted. State v. Olson, 22 Or App 344, 539 P2d 166 (1975)
As a condition of probation, the defendant may be required to pay for the state’s witness fees but not juror’s fees. State v. Hastings, 24 Or App 123, 544 P2d 590 (1976)
Prevailing party fee cannot be included as part of costs incurred by state and chargeable to convicted criminal defendant. State v. Marino, 25 Or App 817, 551 P2d 131 (1976)
Due process requires that defendant be afforded notice that costs may be imposed, and be given opportunity to be heard on whether imposition of costs is appropriate. Stacey v. State of Oregon, 30 Or App 1075, 569 P2d 640 (1977)
Expense of transporting defendant to Oregon after waiver of extradition was cost “specially incurred by state in prosecuting defendant” and was properly assessed as part of sentence. State v. Armstrong, 44 Or App 219, 605 P2d 736 (1980), Sup Ct review denied
Overtime pay to sheriff’s deputies who testified at trial was not proper part of costs that could be assessed against convicted defendant under this section. State v. Washburn, 48 Or App 157, 616 P2d 554 (1980)
Appointment of counsel for indigent petitioners in post-conviction actions does not, by itself, subject petitioners to payment of attorney fees. Hawk v. State of Oregon, 51 Or App 655, 626 P2d 931 (1981)
Expenses incurred prior to charging of defendant are not costs of prosecution. State v. Haynes, 53 Or App 850, 633 P2d 38 (1981), Sup Ct review denied; State v. Haynes, 61 Or App 43, 655 P2d 621 (1982), Sup Ct review denied
Criminal defendant can be required to pay costs incurred by state following filing of felony information against him in district court. State v. Haynes, 61 Or App 43, 655 P2d 621 (1982), Sup Ct review denied
Court should consider defendant’s ability to pay and financial resources before imposing obligation to reimburse state for costs of trial. State v. Armstrong, 71 Or App 467, 692 P2d 699 (1984)
If expenses would not be recoverable by Department of Justice, they are not made recoverable by billing them to another agency. State v. Heston, 74 Or App 631, 704 P2d 541 (1985)
Costs for psychiatric evaluation made before defendant was indicted for murder cannot properly be assessed against defendant because only those expenses specially incurred after formal prosecution of defendant has commenced may be assessed as costs under this section. State v. Twitty, 85 Or App 98, 735 P2d 1252 (1987), Sup Ct review denied
Court erred in imposing condition of probation requiring defendant to reimburse state for court appointed attorney fees without considering defendant’s present or future ability to pay. State v. San Antonio, 96 Or App 282, 772 P2d 449 (1989)
Where condition of probation requires defendant to pay all costs incurred by state in providing defense, court’s failure to specify amount was error. State v. Moore, 96 Or App 541, 773 P2d 25 (1989)
Amount assessable as “reasonable attorney fee” is not limited to expenses actually incurred in defending particular case. State v. Gruver, 138 Or App 124, 906 P2d 852 (1995)
Because “conviction” requires judgment and imposition of criminal sentence, person found guilty except for insanity cannot be required to pay state expenses. State v. Gile, 161 Or App 146, 985 P2d 199 (1999)
“Expenses inherent in providing a constitutionally guaranteed jury trial” refers only to expenses relating to jury aspect of trial, not to expenses relating to all constitutional rights guaranteed defendant at jury trial. State v. Ferman-Velasco, 333 Or 422, 41 P3d 404 (2002)
Costs incurred in extraditing defendant for probation violation are not recoverable because they are not incurred during prosecution of defendant in proceeding leading to entry of judgment of conviction. State v. Flajole, 204 Or App 295, 129 P3d 770 (2006)
Court cannot impose fees where record says nothing about whether defendant is or may be able to pay fees. State v. Pendergrapht, 251 Or App 630, 284 P3d 573 (2012)
Salary-related payments--whether for regular, overtime, or unbudgeted overtime work--are excluded from scope of section as expenditures in connection with maintenance and operation of government agencies. State v. Kuehner, 252 Or App 628, 288 P3d 578 (2012)
Order that defendant pay court-appointed attorney fees requires objective, nonspeculative assessment of ability to pay. State v. Moreno-Hernandez, 290 Or App 468, 415 P3d 1088 (2018), aff’d on other grounds, 365 Or 175, 442 P3d 1092 (2019)
Court may not use third party’s payment of security funds on defendant’s behalf as sole basis for finding that defendant has ability to pay court-ordered costs such as attorney fees if funds belong to third party. State v. Morales, 367 Or 222, 476 P3d 954 (2020)
Law Review Citations
11 WLJ 284, 288, 289, 291 (1975); 55 OLR 101 (1976)
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