2017 ORS 151.487¹
Ability to pay
  • effect

(1) If in determining that a person is financially eligible for appointed counsel under ORS 151.485 (Financial eligibility), the court finds that the person has financial resources that enable the person to pay in full or in part the administrative costs of determining the eligibility of the person and the costs of the legal and other services to be provided at state expense that are related to the provision of appointed counsel, the court shall enter a limited judgment requiring that the person pay to the Public Defense Services Account established by ORS 151.225 (Public Defense Services Account), through the clerk of the court, the amount that it finds the person is able to pay without creating substantial hardship in providing basic economic necessities to the person or the person’s dependent family. The amount that a court may require the person to pay is subject to the guidelines and procedures issued by the Public Defense Services Commission as provided in subsection (4) of this section.

(2) Failure to comply with the requirements of a limited judgment entered under this section is not grounds for contempt or grounds for withdrawal by the appointed attorney.

(3) Except as authorized in this section, a person, organization or governmental agency may not request or accept a payment or promise of payment for assisting in the representation of a person by appointment.

(4) The commission shall promulgate and issue guidelines and procedures:

(a) For the determination of persons provided with appointed counsel who have some financial resources to pay in full or in part the administrative, legal and other costs under subsection (1) of this section; and

(b) Regarding the amounts persons may be required to pay by a court under subsection (1) of this section.

(5) The determination that a person is able to pay or partially able to pay, or that a person no longer has the ability to pay the amount ordered in subsection (1) of this section, is subject to review at any time by the court. [1989 c.1053 §14; 1993 c.33 §305; 1997 c.761 §3; 2001 c.962 §34; 2011 c.597 §42; 2012 c.107 §43]

Notes of Decisions

Where initial order appointing counsel did not require defendant to pay part or all of cost of counsel, court may not revisit issue at later time. Bailey v. Johnson, 165 Or App 450, 997 P2d 871 (2000), Sup Ct review denied

Limited judg­ment ordering crim­i­nal defendant to pay por­tion of appointed counsel costs is civil judg­ment in special statutory pro­ceed­ing ap­pealable under ORS 19.205 (Appealable judgments and orders). State v. Shank, 206 Or App 280, 136 P3d 101 (2006)

Order for pay­ment of appointed counsel costs is not “ac­tion” subject to ORS 19.205 (Appealable judgments and orders) require­ment that amount in controversy be more than $250. State v. Shank, 206 Or App 280, 136 P3d 101 (2006)

1 Legislative Counsel Committee, CHAPTER 151—Public Defenders; Counsel for Financially Eligible Persons, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors151.­html (2017) (last ac­cessed Mar. 30, 2018).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2017, Chapter 151, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano151.­html (2017) (last ac­cessed Mar. 30, 2018).
 
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.