Persons With Intellectual or Developmental Disabilities

ORS 427.295
Appeal of commitment order

  • appointment of legal counsel
  • costs


If a person appeals a commitment order issued under ORS 427.290 (Determination by court of need for commitment), the court, upon request of the person or upon its own motion and upon finding that the person is financially eligible for appointed counsel at state expense, shall appoint suitable legal counsel to represent the person. The compensation for legal counsel and costs and expenses necessary to the appeal shall be determined and paid 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 Supreme Court is the appellate court. The compensation, costs and expenses so allowed shall be paid as provided in ORS 138.500 (Appointment of counsel and furnishing of transcript for appellant without funds). [1979 c.867 §15; 1981 s.s. c.3 §136; 1985 c.502 §26; 2001 c.962 §73; 2011 c.658 §22]
Chapter 427

Notes of Decisions

Former commitment provisions of this chapter were constitutional. State ex rel Vandenberg v. Vandenberg, 48 Or App 609, 617 P2d 675 (1980), Sup Ct review denied

Standard of proof in former version of this chapter was proof "beyond a reasonable doubt." State ex rel Vandenberg v. Vandenberg, 48 Or App 609, 617 P2d 675 (1980), Sup Ct review denied

As commitment proceeding is not criminal matter, principle of double jeopardy has no application. State ex rel Vandenberg v. Vandenberg, 48 Or App 609, 617 P2d 675 (1980), Sup Ct review denied

Atty. Gen. Opinions

Preemption of the Oregon Revised Statutes by the provisions of the Interstate Compact, (1973) Vol 36, p 297; civil commitment to Mental Health Division of person against whom criminal charges are pending, (1980) Vol 41, p 91

Law Review Citations

16 WLR 439 (1979)


Source

Last accessed
Jun. 26, 2021