ORS 135.425¹
Responsibilities of defense counsel

(1) Defense counsel shall conclude a plea agreement only with the consent of the defendant, and shall insure that the decision whether to enter a plea of guilty or no contest is ultimately made by the defendant.

(2) To aid the defendant in reaching a decision, defense counsel, after appropriate investigation, shall advise the defendant of the alternatives available and of factors considered important by the defense counsel or the defendant in reaching a decision. [1973 c.836 §172]

Notes of Decisions

This sec­tion requires crim­i­nal de­fense attorney prior to guilty plea to disclose consequences of guilty plea and con­vic­­tion, including, in case of non-citizen client, possibility of deporta­tion. Lyons v. Pearce, 298 Or 554, 694 P2d 969 (1985)

Where, under applicable immigra­tion law, crim­i­nal con­vic­­tion will not result in possibility of deporta­tion, counsel is not re­quired to advise alien client of such possibility prior to entry of guilty plea, nor to request that court make recommenda­tion against deporta­tion. Lyons v. Pearce, 298 Or 569, 694 P2d 978 (1985)

1 Legislative Counsel Committee, CHAPTER 135—Arraignment and Pretrial Provisions, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors135.­html (2019) (last ac­cessed May 16, 2020).
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2019, Chapter 135, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano135.­html (2019) (last ac­cessed May 16, 2020).
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. Currency Information