ORS 21.010¹
Filing and appearance fees on appeal

(1) Except as provided in subsection (2) of this section, the appellant in an appeal or the petitioner in a judicial review in the Supreme Court or the Court of Appeals shall pay a filing fee of $154 in the manner prescribed by ORS 19.265 (Payment of filing fee). The respondent in such case and any other person appearing in the appeal, upon entering first appearance or filing first brief in the court, shall pay to the State Court Administrator the sum of $154. The party entitled to costs and disbursements on such appeal shall recover from the opponent the amount so paid.

(2) Filing and appearance fees may not be assessed in appeals from habeas corpus proceedings under ORS 34.710 (Appeal), post-conviction relief proceedings under ORS 138.650 (Appeal), juvenile court under ORS 419A.200 (Who may appeal) and the involuntary commitment of persons determined to be mentally ill under ORS 426.135 (Counsel on appeal) or persons determined to be mentally retarded under ORS 427.295 (Appeal of determination), or on judicial review of orders of the Psychiatric Security Review Board under ORS 161.385 (Psychiatric Security Review Board) (9) or orders of the State Board of Parole and Post-Prison Supervision.

(3) Filing and appearance fees shall be assessed in an appeal from an appeal to a circuit court from a justice court or municipal court in an action alleging commission of a state offense designated as a violation or an action alleging violation of a city charter or ordinance, but not in an action alleging commission of a state crime.

(4) Filing and appearance fees shall only be assessed in an appeal in a contempt proceeding seeking imposition of remedial sanctions under the provisions of ORS 33.055 (Procedure for imposition of remedial sanctions). [Amended by 1963 c.556 §1; 1967 c.398 §3; 1969 c.198 §50; 1981 s.s. c.3 §§66,67; 1985 c.734 §15; 1987 c.852 §4; 1991 c.724 §17; 1993 c.33 §276; 1997 c.801 §27; 1999 c.1051 §118; 2003 c.737 §§1,3; 2005 c.702 §§1,2,3; 2005 c.843 §33; 2007 c.70 §7; 2007 c.860 §1]

Note: Section 15 (1), chapter 860, Oregon Laws 2007, provides:

Sec. 15. (1) In addition to the fees provided for in ORS 21.010 (Filing and appearance fees on appeal) (1), for the period commencing September 1, 2007, and ending June 30, 2009, at the time of filing a response in the Court of Appeals or the Supreme Court, the State Court Administrator shall collect a surcharge of $8. [2007 c.860 §15(1)]

Notes of Decisions

When applied to indigent litigants, there was no viola­tion of due process under Oregon Constitu­tion to require pay­ment of filing fees in order to secure judicial review of Welfare Division's orders. Ortwein v. Schwab, 262 Or 375, 498 P2d 757 (1972), aff'd410 US 656, 93 S Ct 1172, 35 L Ed 2d 572 (1973), rehearing denied, 411 US 922 (1973)

Legislative require­ment of filing fee as prerequisite to processing ap­peal from administrative ruling is not such a restric­tion upon performance of judicial func­tion that it must be ignored by courts. Ortwein v. Schwab, 262 Or 375, 498 P2d 757 (1972), aff'd 410 US 656, 93 S Ct 1172, 35 L Ed 2d 572 (1973), rehearing denied, 411 US 922 (1973)

Denial of review by Court of Appeals for failure to pay $25 filing fee was not viola­tion of peti­tioners' rights under United States Constitu­tion. Ortwein v. Schwab, 262 Or 375, 498 P2d 757 (1972), aff'd 410 US 656, 93 S Ct 1172, 35 L Ed 2d 572 (1973), rehearing denied, 411 US 922 (1973)

Filing fee for judicial review does not violate Oregon constitu­tional require­ment that justice be administered "without purchase." Allen v. Employ­ment Dept., 184 Or App 681, 57 P3d 903 (2002)

1 Legislative Counsel Committee, CHAPTER 21—Fees Generally, https://­www.­oregonlegislature.­gov/­bills_laws/­Archive/­2007ors21.­pdf (2007) (last ac­cessed Feb. 12, 2009).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2007, Chapter 21, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­021ano.­htm (2007) (last ac­cessed Feb. 12, 2009).
 
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