Juvenile Code: Delinquency
- representation of state in contested hearings before panel
(1)If the juvenile panel of the Psychiatric Security Review Board determines that a young person about whom a hearing under ORS 419C.532 (Hearings of juvenile panel of Psychiatric Security Review Board) is being held is financially eligible, the juvenile panel shall appoint suitable counsel to represent the young person. Counsel appointed must be an attorney who satisfies the professional qualification standards established by the Public Defense Services Commission under ORS 151.216 (Duties). The public defense services executive director shall determine and allow fair compensation for counsel appointed under this subsection and the reasonable expenses of the young person in respect to the hearing. Compensation payable to appointed counsel may not be less than the applicable compensation level established under ORS 151.216 (Duties). The public defense services executive director shall pay compensation and expenses allowed from funds available for that purpose.
(2)When the juvenile panel appoints counsel to represent the young person, the juvenile panel may order the young person, if able, 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 young person, parent 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. The juvenile panel’s order of payment may be entered in the County Clerk Lien Record and enforced as provided in ORS 205.126 (Enforcement of order or warrant recorded in County Clerk Lien Record).
(3)The test of the young person’s, parent’s or estate’s ability to pay costs under subsection (2) of this section is the same test as applied to appointment of counsel for defendants under ORS 135.050 (Eligibility for court-appointed counsel) or under the rules adopted under ORS 151.216 (Duties). If counsel is provided at state expense, the juvenile panel shall apply this test in accordance with the guidelines adopted by the Public Defense Services Commission under ORS 151.485 (Financial eligibility).
(4)If counsel is provided at state expense, the juvenile panel shall determine the amount the young person, parent 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).
(5)The Attorney General may represent the state at contested hearings before the juvenile panel unless the district attorney of the county in which the young person was adjudicated elects to represent the state. The district attorney of the county in which the young person was adjudicated shall cooperate with the Attorney General in securing the material necessary for presenting a contested hearing before the juvenile panel. If the district attorney elects to represent the state, the district attorney shall give timely written notice to the Attorney General, the juvenile panel and the attorney representing the young person. [2005 c.843 §15; 2012 c.107 §48]
Law Review Citations
Under Former Similar Statutes
56 OLR 428 (1977); 16 WLR 417 (1979)