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Oregon Revised Statutes

Or. Rev. Stat. § 135.030 (2026)

When presence of defendant is required; appearance by counsel

✓ current as of May 2026
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      135.030 When presence of defendant is required; appearance by counsel. (1) When the accusatory instrument charges a crime punishable as a felony, the defendant shall appear in person at the arraignment.

      (2) When the accusatory instrument charges a crime punishable as a misdemeanor, the defendant may appear in person or by counsel.

      (3) The court may require a defendant to appear at the arraignment by simultaneous electronic transmission as provided in ORS 131.045 without the agreement of the state or defendant if the type of simultaneous electronic transmission available allows the defendant to observe the court and the court to observe the defendant. [Formerly 135.110; 1983 c.344 §3; 2005 c.566 §5]

Notes of Decisions
Cited in 8 cases (1 in the last 5 years), 1987–2025 · leading case: State v. Lobue, 453 P.3d 929 (Or. Ct. App. 2019).
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State v. Lobue, 453 P.3d 929 (Or. Ct. App. 2019). · cites it 5× “, ORS 135.030 (“When the accusatory instrument charges a crime punishable as a misdemeanor, the defendant may appear in person or by 1 In the 1950s, several statutes were enacted that require a defendant’s personal appearance at certain critical stages.”
People v. Lindsey, 772 N.E.2d 1268 (Ill. 2002). · cites it 2× “" Or. Rev.Stat. § 135.030 (2001). The Tennessee Rules of Criminal Procedure provide that "in the absence of an objection by the defendant" the arraignment may be through the use of an electronic audio-visual device.”
State v. Brooks, 456 P.3d 665 (Or. Ct. App. 2019). “020 sets forth events that should occur at an arraignment: “The arraignment shall be made by the court, or by the clerk or the district attorney under its direction, as pro- vided in ORS 135.030 The arraignment consists of reading the accusatory instrument to the defendant,…”
State v. Graham, 284 P.3d 515 (Or. Ct. App. 2012). “With respect to Count 2, he asserted that the supplemental local rule (SLR) requiring him to appear at pretrial conferences was *219 preempted by ORS 135.030(2), which provides that a person charged with a misdemeanor may appear in person or by counsel.”
State v. Ferguson, 735 P.2d 3 (Or. Ct. App. 1987). · cites it 3× “Defendant’s pretrial motion to waive his personal appearance under ORS 135.030 and 136.040 was denied. He also made a pretrial motion to exclude the statement overheard during the fight, “Jeff, don’t kick the woman.”
State v. Clay, 734 P.2d 400 (Or. Ct. App. 1987). “010 provides: “When the accusatory instrument has been filed, and if the defendant has been arrested, or as soon thereafter as the defendant may be arrested, the defendant shall be arraigned thereon as provided in ORS 135.030 before the court in which it is found.”
State v. Pedersen, 566 P.3d 24 (Or. Ct. App. 2025). “010 provides: “When the accusatory instrument has been filed, and if the defendant has been arrested, or as soon thereafter as the defendant may be arrested, the defendant shall be arraigned thereon as provided in ORS 135.030 before the court in which it is found.”
People v. Lindsey (Ill. 2002). “” Or. Rev. Stat. §135.030 (2001). The Tennessee Rules of Criminal Procedure provide that “in the absence of an objection by the defendant” the arraignment may be through the use of an electronic audio-visual device.”
— Or. Rev. Stat. § 135.030(2) — 2 cases
State v. Graham, 284 P.3d 515 (Or. Ct. App. 2012). “With respect to Count 2, he asserted that the supplemental local rule (SLR) requiring him to appear at pretrial conferences was *219 preempted by ORS 135.030(2), which provides that a person charged with a misdemeanor may appear in person or by counsel.”
State v. Ferguson, 735 P.2d 3 (Or. Ct. App. 1987). “Defendant’s pretrial motion to waive his personal appearance under ORS 135.030 and 136.040 was denied. He also made a pretrial motion to exclude the statement overheard during the fight, “Jeff, don’t kick the woman.”
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