ORS 427.265
Court to advise person of nature of proceeding and rights

  • appointment of legal counsel

(1)

At the time that a person who is alleged to have an intellectual disability and to be in need of commitment for residential care, treatment and training is brought before the court, the court shall advise the person of the reason for being brought before the court, the nature of the proceedings and the possible results of the proceedings. The court shall also advise the person of the right to subpoena witnesses and to suitable legal counsel possessing skills and experience commensurate with the nature of the allegations and complexity of the case during the proceedings, and that if the person does not have funds with which to retain suitable legal counsel, the court shall appoint such legal counsel to represent the person. If the person does not request legal counsel, the legal guardian, relative or friend may request the assistance of legal counsel on behalf of the person.

(2)

If no request for legal counsel is made, the court shall appoint suitable legal counsel.

(3)

If the person is unable to afford legal counsel, the court, if the matter is before a county or justice court, or the public defense services executive director, if the matter is before the circuit court, shall determine and allow, as provided in ORS 135.055 (Compensation and expenses of appointed counsel), the reasonable expenses of the person and compensation for legal counsel. The expenses and compensation so allowed by a county court shall be paid by the county of residence of the person. The expenses and compensation determined by the public defense services executive director shall be paid by the public defense services executive director from funds available for the purpose. In all cases legal counsel shall be present at the hearing and may examine all witnesses offering testimony, and otherwise represent the person.

(4)

The court may, for good cause, postpone the hearing for not more than 72 hours to allow preparation for the hearing and order the continuation of detention authorized under ORS 427.255 (Detention prior to investigation or hearing) during a postponement, if requested by the person, the legal counsel, parent or guardian of the person, an examiner or on the court’s own motion. [1979 c.683 §20; 1979 c.867 §13; 1981 s.s. c.3 §135; 2001 c.962 §71; 2011 c.658 §16]

Source: Section 427.265 — Court to advise person of nature of proceeding and rights; appointment of legal counsel, https://www.­oregonlegislature.­gov/bills_laws/ors/ors427.­html.

427.005
Definitions
427.007
Policy
427.101
Definitions for ORS 427.115, 427.121, 427.154, 430.662 and 430.664
427.104
Developmental disability services
427.105
Diagnostic evaluations
427.107
Rights of persons receiving developmental disability services
427.109
Complaint procedures
427.115
Assessment of service needs and determination of service rate
427.121
Choice of community living setting
427.154
Individualized service plan
427.163
Application of savings generated by support service brokerages
427.215
Need for commitment
427.235
Notice to court of need for commitment
427.245
Hearing
427.255
Detention prior to investigation or hearing
427.265
Court to advise person of nature of proceeding and rights
427.270
Report of diagnostic evaluation
427.275
Fees of persons appointed by court to perform diagnostic evaluations
427.280
Treatment given after citation issued
427.285
Witnesses required at hearing
427.290
Determination by court of need for commitment
427.293
Disclosure of record of proceeding
427.295
Appeal of commitment order
427.300
Assignment to appropriate facility
427.306
Confinement of committed persons with intellectual disabilities in least restrictive setting
427.330
Definitions for ORS 427.330 to 427.340
427.335
Authority of department to develop community housing
427.340
Developmental Disabilities Community Housing Fund
427.347
Administration of Developmental Disabilities Community Housing Fund by Oregon Community Foundation
427.348
Appointment of advisory committee
427.401
Oregon Human Rights Commission established
427.403
Commission to establish statewide regional advisory committee
427.900
Authority of Department of Human Services to impose civil penalties
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