Court appointment of counsel
- • waiver of counsel
- • appointment of legal advisor
(1)(a) If the defendant in a criminal action appears without counsel at arraignment or thereafter, the court shall determine whether the defendant wishes to be represented by counsel.
(b) If the defendant does wish to be represented by counsel, the court, in accordance with ORS 135.050 (Eligibility for court-appointed counsel), shall appoint counsel to represent the defendant.
(c) If the defendant wishes to waive counsel, the court shall determine whether the defendant has made a knowing and voluntary waiver of counsel. The court shall accept the waiver of counsel if the defendant is not charged with a capital offense. The court may decline to accept the waiver of counsel if the defendant is charged with a capital offense.
(d) If the court accepts a defendant’s waiver of counsel, the court may allow an attorney to serve as the defendant’s legal advisor and may, in accordance with ORS 135.050 (Eligibility for court-appointed counsel), appoint an attorney as the defendant’s legal advisor.
(2) Appointment of counsel, including a legal advisor, under this section is subject to ORS 135.050 (Eligibility for court-appointed counsel), 135.055 (Compensation and expenses of appointed counsel) and 151.485 (Financial eligibility) to 151.497 (“Counsel” defined for ORS 151.485 to 151.497). [Formerly 135.320; 1987 c.803 §13; 1989 c.171 §16; 1989 c.1053 §1a; 1991 c.790 §11; 2001 c.472 §1; 2001 c.962 §24]
3 OregonLaws.org assembles these lists by analyzing references between Sections. Each listed item refers back to the current Section in its own text. The result reveals relationships in the code that may not have otherwise been apparent.