ORS 244.205¹
Legal expense trust fund
  • establishment
  • eligible legal expenses

(1) Subject to the authorization of the Oregon Government Ethics Commission as described in ORS 244.209 (Application to establish fund), a public official may establish a legal expense trust fund if the public official incurs or reasonably expects to incur legal expenses described in subsection (2) of this section.

(2) Proceeds from the trust fund may be used by the public official to defray legal expenses incurred by the public official in any civil, criminal or other legal proceeding or investigation that relates to or arises from the course and scope of duties of the person as a public official. The legal expenses must be incurred in connection with:

(a) The issuance of a court’s stalking protective order under ORS 30.866 (Action for issuance or violation of stalking protective order) or 163.738 (Effect of citation);

(b) The issuance of a citation under ORS 163.735 (Citation);

(c) A criminal prosecution under ORS 163.732 (Stalking);

(d) A civil action under ORS 30.866 (Action for issuance or violation of stalking protective order); or

(e) Defending the public official in a proceeding or investigation brought or maintained by a public body as defined in ORS 174.109 ("Public body" defined).

(3) Except as provided in subsection (2) of this section, a public official may not use proceeds from the trust fund for any personal use.

(4) A public official may not establish or maintain more than one legal expense trust fund at any one time.

(5) A public official who establishes a legal expense trust fund may not solicit, receive or handle any contributions to the fund.

(6) The provisions of ORS chapter 130 do not apply to a trust fund established under ORS 244.205 (Legal expense trust fund) to 244.221 (Disposition of moneys in terminated fund). [2007 c.877 §29]

Chapter 244

Notes of Decisions

Statutory scheme of this chapter is not unconstitu­tionally vague. Davidson v. Oregon Govern­ment Ethics Commission, 300 Or 415, 712 P2d 87 (1985)

Atty. Gen. Opinions

Simultaneous membership in church and local governing body as constituting potential conflict of interest, (1981) Vol 41, p 490; contractors that perform services for govern­ment as "public officials" subject to ethics law, (1990) Vol 46, p 350

Law Review Cita­tions

19 WLR 701 (1983)

1 Legislative Counsel Committee, CHAPTER 244—Government Ethics, https://­www.­oregonlegislature.­gov/­bills_laws/­Archive/­2007ors244.­pdf (2007) (last ac­cessed Feb. 12, 2009).
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2007, Chapter 244, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­244ano.­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