Offenses Against the State and Public Justice

ORS 162.193
Failure to appear

  • counsel for defendant cannot be witness
  • exception

In no prosecution under ORS 162.195 (Failure to appear in the second degree) or 162.205 (Failure to appear in the first degree) shall counsel representing the defendant on the underlying charge for which the defendant is alleged to have failed to appear be called to testify by the state as a witness against the defendant at any stage of the proceedings including, but not limited to, grand jury, preliminary hearing and trial. However, upon written motion by the state, and upon hearing the matter, if the court determines that no other reasonably adequate means exists to present evidence establishing the material elements of the charge, the counsel representing the defendant may be called to testify. [1989 c.759 §2]


Last accessed
May 26, 2023