Compensation and expenses of appointed counsel
Source:
Section 135.055 — Compensation and expenses of appointed counsel, https://www.oregonlegislature.gov/bills_laws/ors/ors135.html
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See also annotations under ORS 135.330 in permanent edition.
Notes of Decisions
Where indigent defendant was provided witness fees to insure testimony of out-of-state psychiatrist who had examined him, denial of his motion for appointment of additional psychiatrist was not violation of constitutional due process. State v. Glover, 33 Or App 553, 577 P2d 91 (1978)
Application for attorney fees on appeal under this section, when available at all, must be made to court that made appointment or conducted original proceedings. State ex rel Roby v. Mason, 284 Or 427, 587 P2d 94 (1978)
Defendant must make adequate showing of need as condition precedent to receipt of investigative expenses under this section, and defendant’s attempted showing did not demonstrate requisite need where claim was that one of eyewitnesses mentioned in police report had moved from former address and defense counsel had been unable to contact two other witnesses mentioned in report. State v. Rovles, 41 Or App 653, 598 P2d 1249 (1979)
Defendant charged with misdemeanor was entitled to subpoena out-of-state witnesses at public expense. State v. Harris, 47 Or App 665, 615 P2d 363 (1980)
Defendant’s motion for advancement of funds to subpoena out-of-state witnesses under this section was sufficient to raise issue of entitlement to subpoenas under ORS 136.627. State v. Harris, 47 Or App 665, 615 P2d 363 (1980)
The statute does not, on its face, distinguish between convicted and acquitted defendants and thus a defendant who is acquitted may be required to pay all or part of the costs incurred by the county for her appointed counsel. State v. Arms, 60 Or App 400, 653 P2d 1004 (1982), Sup Ct review denied
This section unconstitutionally chills an indigent defendant’s Sixth Amendment right to counsel in allowing judgment against an indigent defendant to pay costs of court-appointed counsel with no procedure to insure defendant is able to repay without substantial hardship. Fitch v. Belshaw, 581 F Supp 273 (1984)
Trial court did not abuse its discretion in denying defendant’s motion for investigative expenses for expert to testify on effect on breath test of taking DMSO, because defendant did not, as required by this section, convince court that expense was necessary to prepare and present adequate defense. State v. Underwood, 91 Or App 668, 756 P2d 72 (1988), Sup Ct review denied
Where case involved complex medical issues beyond competence of defendant’s counsel and medical expert was vital for adequate preparation for trial, trial court abused its discretion in denying defendant’s request for appointment of expert medical witness. State v. Gleason, 100 Or App 236, 785 P2d 376 (1990)
Where defendant requested expert witness fees under this section, and affidavit reflected that expert would perform four hours of service for which reasonable charge would be $60 per hour, requesting “minimum” fee of $1,000 for expert was unreasonable as matter of law. State v. Gage, 106 Or App 153, 806 P2d 1159 (1991)
Trial court did not abuse its discretion in finding that pretrial public opinion poll to gauge extent of pretrial publicity was not necessary and proper in preparation of case. State v. Rogers, 313 Or 356, 836 P2d 1308 (1992)
Trial court reasonably denied defendant’s request for expenses of out-of-state “mitigation investigator” when defendant provided limited justification and trial court approved defendant’s other requests for investigators and expert witness fees. State v. Langley, 314 Or 247, 839 P2d 692 (1992), on reconsideration 318 Or 28, 861 P2d 1012 (1993)
Prohibition against disclosure of defense counsel expenses to district attorney prior to conclusion of “case” remains in effect until conclusion of appeal or of proceedings on remand. State v. Cunningham, 161 Or App 345, 985 P2d 827 (1999)
Attorney General Opinions
Court adoption of standard fee schedules for attorneys appointed to represent indigent defendants, (1980) Vol 40, p 492; County contract with attorneys for legal defense of indigents at less than $30.00 per hour, (1981) Vol 41, p 331