ORS 135.055
Compensation and expenses of appointed counsel


(1)

Counsel appointed pursuant to ORS 135.045 (Court appointment of counsel) or 135.050 (Eligibility for court-appointed counsel) shall be paid fair compensation for representation in the case:

(a)

By the county, subject to the approval of the governing body of the county, in a proceeding in a county or justice court.

(b)

By the public defense services executive director from funds available for the purpose, in a proceeding in a circuit court.

(2)

Except for counsel appointed pursuant to contracts or counsel employed by the public defense services executive director, compensation payable to appointed counsel under subsection (1) of this section:

(a)

In a proceeding in a county or justice court may not be less than $30 per hour.

(b)

In a proceeding in a circuit court is subject to the applicable compensation established under ORS 151.216 (Duties).

(3)

Intentionally left blank —Ed.

(a)

A person determined to be eligible for appointed counsel is entitled to necessary and reasonable fees and expenses for investigation, preparation and presentation of the case for trial, negotiation and sentencing. The person or the counsel for the person shall upon written request secure preauthorization to incur fees and expenses that are not routine to representation but are necessary and reasonable in the investigation, preparation and presentation of the case, including but not limited to nonroutine travel, photocopying or other reproduction of nonroutine documents, necessary costs associated with obtaining the attendance of witnesses for the defense, investigator fees and expenses, expert witness fees and expenses and fees for interpreters and assistive communication devices necessary for the purpose of communication between counsel and a client or witness in the case. Preauthorization to incur a fee or expense does not guarantee that a fee or expense incurred pursuant to the preauthorization will be determined to be necessary or reasonable when the fee or expense is submitted for payment.

(b)

In a county or justice court, the request must be in the form of a motion to the court. The motion must be accompanied by a supporting affidavit that sets out in detail the purpose of the requested expenditure, the name of the service provider or other recipient of the funds, the dollar amount of the requested expenditure that may not be exceeded without additional authorization and the date or dates during which the service will be rendered or events will occur for which the expenditure is requested.

(c)

In a circuit court, the request must be in the form and contain the information that is required by the policies, procedures, standards and guidelines of the Public Defense Services Commission. If the public defense services executive director denies a request for preauthorization to incur nonroutine fees and expenses, the person making the request may appeal the decision to the presiding judge of the circuit court. The presiding judge has final authority to preauthorize incurring nonroutine fees and expenses under this paragraph.

(d)

Entitlement under subsection (7) of this section to payment for fees and expenses in circuit court is subject to the policies, procedures, standards and guidelines adopted under ORS 151.216 (Duties). Entitlement to payment of nonroutine fees and expenses is dependent upon obtaining preauthorization from the court, if the case is in county or justice court, or from the public defense services executive director, if the case is in circuit court, except as otherwise provided in paragraph (c) of this subsection and in the policies, procedures, standards and guidelines adopted under ORS 151.216 (Duties). Fees and expenses shall be paid:

(A)

By the county, in respect to a proceeding in a county or justice court.

(B)

By the public defense services executive director from funds available for the purpose, in respect to a proceeding in a circuit court.

(C)

By the city, in respect to a proceeding in municipal court.

(4)

Upon completion of all services by the counsel of a person determined to be eligible for appointed counsel, the counsel shall submit a statement of all necessary and reasonable fees and expenses of investigation, preparation and presentation and, if counsel was appointed by the court, a statement of all necessary and reasonable fees and expenses for legal representation, supported by appropriate receipts or vouchers and certified by the counsel to be true and accurate.

(5)

In a county or justice court, the total fees and expenses payable under this section must be submitted to the court by counsel or other providers and are subject to the review of the court. The court shall certify that such amount is fair reimbursement for fees and expenses for representation in the case as provided in subsection (6) of this section. Upon certification and any verification as provided under subsection (6) of this section, the amount of the fees and expenses approved by the court and not already paid shall be paid by the county.

(6)

In a county or justice court, the court shall certify to the administrative authority responsible for paying fees and expenses under this section that the amount for payment is reasonable and that the amount is properly payable out of public funds.

(7)

In a circuit court, the total fees and expenses payable under this section must be submitted to and are subject to review by the public defense services executive director. The public defense services executive director shall determine whether the amount is necessary, reasonable and properly payable from public funds for fees and expenses for representation in the case as provided by the policies, procedures, standards and guidelines of the Public Defense Services Commission. The public defense services executive director shall pay the amount of the fees and expenses determined necessary, reasonable and properly payable out of public funds. The court shall provide any information identified and requested by the public defense services executive director as needed for audit, statistical or any other purpose pertinent to ensure the proper disbursement of state funds or pertinent to the provision of appointed counsel compensated at state expense.

(8)

If the public defense services executive director denies, in whole or in part, fees and expenses submitted for review and payment, the person who submitted the payment request may appeal the decision to the presiding judge of the circuit court. The presiding judge or the designee of the presiding judge shall review the public defense services executive director’s decision for abuse of discretion. The decision of the presiding judge or the designee of the presiding judge is final.

(9)

The following may not be disclosed to the district attorney prior to the conclusion of a case:

(a)

Requests and administrative or court orders for preauthorization to incur nonroutine fees and expenses in the investigation, preparation and presentation of the case; and

(b)

Billings for such fees and expenses submitted by counsel or other providers.

(10)

Notwithstanding subsection (9) of this section, the total amount of moneys determined to be necessary and reasonable for nonroutine fees and expenses may be disclosed to the district attorney at the conclusion of the trial in the circuit court.

(11)

As used in this section unless the context requires otherwise, “counsel” includes a legal advisor appointed under ORS 135.045 (Court appointment of counsel). [Formerly 135.330; 1979 c.867 §1; 1981 s.s. c.3 §§122,123; 1985 c.502 §19; 1985 c.710 §2; 1987 c.606 §4; 1987 c.803 §§14,14a; 1989 c.1053 §2; 1991 c.724 §25; 1991 c.750 §8; 1993 c.33 §297; 1995 c.677 §1; 1995 c.781 §39; 1997 c.761 §9; 1999 c.163 §8; 1999 c.583 §1; 2001 c.962 §§26,107; 2003 c.449 §§5,43]

Source: Section 135.055 — Compensation and expenses of appointed counsel, https://www.­oregonlegislature.­gov/bills_laws/ors/ors135.­html.

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

135.010
Time and place
135.020
Scope of proceedings
135.030
When presence of defendant is required
135.035
Bringing in defendant not yet arrested or held to answer
135.037
Omnibus hearing
135.040
Right to counsel
135.045
Court appointment of counsel
135.050
Eligibility for court-appointed counsel
135.055
Compensation and expenses of appointed counsel
135.060
Informing defendant as to use of name in accusatory instrument
135.065
Name used in further proceedings
135.067
Effect of failure to provide true name of defendant on certain types of release
135.070
Informing defendant as to charge, right to counsel, use of statement and preliminary hearing
135.073
Statement by defendant when not advised of rights
135.075
Obtaining counsel
135.085
Subpoenaing witnesses
135.090
Examination of adverse witnesses
135.095
Right of defendant to make or waive making a statement
135.100
Statement of defendant
135.105
Use of statement before grand jury or on trial
135.115
Waiver of right to make statement
135.125
Examination of defendant’s witnesses
135.135
Exclusion of witnesses during examination of others
135.139
Notice of availability of testing for HIV and other communicable diseases to person charged with crime
135.145
Testimony of witnesses
135.155
Retention of record and statements by magistrate
135.165
Counsel for complainant
135.173
Oregon Evidence Code to apply in preliminary hearings
135.175
Discharge
135.185
Holding defendant to answer
135.195
Commitment
135.205
Indorsement in certain cases
135.215
Direction to sheriff
135.225
Forwarding of papers by magistrate
135.230
Definitions for ORS 135.230 to 135.290
135.233
Standing pretrial release orders
135.235
Release assistance officers
135.240
Releasable offenses
135.242
Security release for certain methamphetamine offenses
135.245
Release decision
135.246
Release conditions related to medical use of cannabis
135.247
Order prohibiting contact with victim of sex crime or domestic violence
135.250
General conditions of release agreement
135.253
Waiver of appearance at trial as release condition prohibited
135.255
Release agreement
135.260
Conditional release
135.265
Security release
135.270
Taking of security
135.275
Seizure of security by law enforcement agency
135.280
Arrest warrant
135.285
Modification of release decision
135.290
Punishment by contempt of court
135.295
Application of ORS 135.230 to 135.290 to certain traffic offenses
135.305
Types of answer
135.315
Types of pleading
135.325
Pleading a judgment
135.335
Pleading by defendant
135.345
Legal effect of plea of no contest
135.355
Presentation of plea
135.360
Special provisions relating to presentation of plea of guilty or no contest
135.365
Withdrawal of plea of guilty or no contest
135.370
Not guilty plea as denial of allegations of accusatory instrument
135.375
Pleading to offenses in other counties
135.380
Time of entering plea
135.385
Defendant to be advised by court
135.390
Determining voluntariness of plea
135.395
Determining accuracy of plea
135.405
Plea discussions and plea agreements
135.407
Plea agreement must contain defendant’s criminal history classification
135.415
Criteria to be considered in plea discussions and plea agreements
135.418
Prohibited plea agreement provisions
135.425
Responsibilities of defense counsel
135.432
Judge involvement in plea discussions
135.435
Discussion and agreement not admissible
135.445
Withdrawn plea or statement not admissible
135.455
Notice prior to trial of intention to rely on alibi evidence
135.465
Defect in accusatory instrument as affecting acquittal on merits
135.470
Motion to dismiss accusatory instrument on grounds of former jeopardy
135.510
Grounds for motion to set aside the indictment
135.520
Time of making motion
135.530
Effect of allowance of motion
135.540
Effect of resubmission of case
135.560
Order to set aside is no bar to future prosecution
135.610
Demurrer
135.630
Grounds of demurrer
135.640
When objections that are grounds for demurrer may be taken
135.650
Hearing of objections specified by demurrer
135.660
Judgment on demurrer
135.670
Allowance of demurrer
135.680
Procedure if resubmission of case not allowed
135.690
Resubmission of case
135.700
Disallowance of demurrer
135.703
Crimes subject to being compromised
135.705
Satisfaction of injured person
135.707
Discharge as bar to prosecution
135.709
Exclusiveness of procedure
135.711
Facts constituting crime or subcategory of crime required
135.713
Necessity of stating presumptions of law and matters judicially noticed
135.715
Effect of nonprejudicial defects in form of accusatory instrument
135.717
Time of crime
135.720
Place of crime in certain cases
135.725
Person injured or intended to be injured
135.727
Description of animal
135.730
Judgments
135.733
Defamation
135.735
Forgery
135.737
Perjury
135.740
Construction of words and phrases used
135.743
Fictitious or erroneous name
135.745
Delay in finding an indictment or filing an information
135.746
Time period within which trial must commence
135.748
Periods of time excluded from time limits
135.750
Where there is reason for delay
135.752
When trial not commenced within time limit
135.753
Effect of dismissal
135.755
Dismissal on motion of court or district attorney
135.757
Nolle prosequi
135.760
Notice requesting early trial on pending charge
135.763
Trial within 90 days of notice unless continuance granted
135.765
Dismissal of criminal proceeding not brought to trial within allowed time
135.767
Presence of prisoner at proceedings
135.770
Release of prisoner prohibited
135.773
District attorney to furnish certain documents
135.775
Agreement on Detainers
135.777
Definition for ORS 135.775
135.779
Enforcement of ORS 135.775 by public agencies
135.783
Effect of escape from custody in another state
135.785
Surrender of custody under ORS 135.775
135.787
Administrator of agreement
135.789
Notice of request for temporary custody
135.791
Request for final disposition of detainer from prisoner in another state
135.793
Procedure where untried instrument pending against prisoner in another state
135.805
Applicability
135.815
Disclosure to defendant
135.825
Other disclosure to defense
135.835
Disclosure to the state
135.845
Time of disclosure
135.855
Material and information not subject to discovery
135.857
Disclosure to victim
135.865
Effect of failure to comply with discovery requirements
135.873
Protective orders
135.881
Definitions for ORS 135.881 to 135.901
135.886
Requirements for diversion
135.891
Conditions of diversion agreement
135.893
Diversion conditions related to medical use of cannabis
135.896
Stay of criminal proceedings during period of agreement
135.898
Diversion agreement involving servicemember charged with domestic violence
135.901
Effect of compliance or noncompliance with agreement
135.925
Bad check diversion program
135.941
Early disposition programs
135.942
Purposes of program
135.943
Provisions of program
135.948
Availability to probationers
135.949
Other programs authorized
135.951
Authorization
135.953
How mediation may be used
135.955
Notifying victims and person charged with crime of mediation opportunities
135.957
Application of ORS 36.220 to 36.238 to mediation of criminal offenses
135.959
Authority to contract with dispute resolution programs
135.970
Information required when victim contacted by defense
135.973
Medication use by specialty court entrant
135.980
Rehabilitative programs directory
135.983
Court inquiry into defendant’s immigration status prohibited
135.985
Procedure when defendant is servicemember
135.990
Penalties
Green check means up to date. Up to date