Juvenile Code: General Provisions and Definitions

ORS 419A.211
Appointment of counsel


(1)

If the child, ward, youth, adjudicated youth, parent or guardian is determined to be entitled to, and, except as provided in subsection (4) of this section, financially eligible for, appointment of counsel at state expense in an appeal as provided in ORS 419A.200 (Who may appeal) and 419A.208 (Orders subject to appeal by state), the court, upon request of the person or upon its own motion, shall appoint suitable counsel to represent the person. Counsel appointed by the court shall be paid compensation determined by the public defense services executive director as provided in ORS 135.055 (Compensation and expenses of appointed counsel) if the circuit court is the appellate court or as provided in ORS 138.500 (Appointment of counsel and furnishing of transcript for appellant without funds) if the Court of Appeals or the Supreme Court is the appellate court. The court may not substitute one appointed counsel for another except pursuant to the policies, procedures, standards and guidelines of the Public Defense Services Commission.
(2)(a) When the court appoints counsel to represent the child or ward, it may order the parent, if able, or guardian of the estate, if the estate is able, to pay to the Public Defense Services Account established by ORS 151.225 (Public Defense Services Account), through the clerk of the court, in full or in part the administrative costs of determining the ability of the parents or estate to pay for legal services and the costs of the legal and other services that are related to the provision of appointed counsel.

(b)

The test of the parent’s or estate’s ability to pay costs under paragraph (a) of this subsection is the same test as applied to appointment of counsel for defendants under ORS 151.216 (Duties). If counsel is provided at state expense, the court shall apply this test in accordance with the guidelines adopted by the Public Defense Services Commission under ORS 151.485 (Financial eligibility).

(c)

If counsel is provided at state expense, the court shall determine the amount the parents or estate is required to pay for the costs of administrative, legal and other services related to the provision of appointed counsel in the same manner as this amount is determined under ORS 151.487 (Ability to pay).

(d)

The court’s order of payment is enforceable in the same manner as an order of support under ORS 419B.408 (Enforcement of support order).

(3)

When the court appoints counsel under this section at state expense, the compensation for counsel and costs and expenses necessary to the appeal shall be determined and paid as provided in ORS 135.055 (Compensation and expenses of appointed counsel) if the circuit court is the appellate court or as provided in ORS 138.500 (Appointment of counsel and furnishing of transcript for appellant without funds) if the Court of Appeals or the Supreme Court is the appellate court.

(4)

Notwithstanding subsection (1) of this section, a youth or adjudicated youth, or the parent or guardian of the youth or adjudicated youth, is entitled to court-appointed counsel at state expense under this section regardless of the financial circumstances of the youth or adjudicated youth or the parent or guardian of the youth or adjudicated youth. In addition, the court may not order the youth’s or adjudicated youth’s parent or guardian to pay any part of the administrative costs of determining the entitlement of the youth, adjudicated youth, parent or guardian to court-appointed counsel at state expense nor any of the costs of the legal and other services that are related to the provision of appointed counsel. [2001 c.480 §6; 2001 c.962 §56; 2003 c.396 §§31,32; 2003 c.449 §50; 2012 c.107 §45; 2021 c.489 §47; 2021 c.597 §11a]
RESTRAINTS

Source

Last accessed
Mar. 11, 2023