Or. Rev. Stat. » Oregon Revised Statutes
Oregon Revised Statutes

Or. Rev. Stat. § 135.040 (2026)

Right to counsel

✓ current as of May 2026
Find cases: SyfertCases citing this section ORSoregonlegislature.gov JustiaChapter on Justia CornellLII Search CasesGoogle Scholar

      135.040 Right to counsel. If the defendant appears for arraignment without counsel, the defendant shall be informed by the court that it is the right of the defendant to have counsel before being arraigned and shall be asked if the defendant desires the aid of counsel. [Formerly 135.310]

Notes of Decisions
Cited in 9 cases (4 in the last 5 years), 1974–2025 · leading case: Stevens v. Bispham, 851 P.2d 556 (Or. 1993).
Sort: Relevance Newest Treatment
Stevens v. Bispham, 851 P.2d 556 (Or. 1993). · cites it 2× “For example, one accused of a criminal offense is entitled to be represented by counsel, ORS 135.040, to be informed of the charge against the person, ORS 135.”
State v. Gilmore, 256 P.3d 95 (Or. 2011). · cites it 2× “Even if we assume that the trial court gave defendant that advice at arraignment, we do not see how that advances the state’s argument. Defendant’s arraignment occurred approximately two months before she met with Detectives Mogle and Johnson.”
Guzek v. Fhuere, 342 Or. App. 682 (Or. Ct. App. 2025). · cites it 2× “” In full, paragraph 8439 provided: “139th CLAIM FOR RELIEF (INADEQUATE ASSISTANCE OF GUZEK I LEAD TRIAL COUNSEL KITTREDGE (STATE) IN ACCEPTING APPOINTMENT WITHOUT FIRST SECURING SUFFICIENT TIME TO PERFORM THE FUNCTIONS OF PROFESSIONAL ASSISTANCE) “[Petitioner] was denied his…”
State v. Richardson, 978 P.2d 435 (Or. Ct. App. 1999). “This constitutes a violation of ORS 135.040; ORS 135.045; Article I, section 11 [of the Oregon Constitution], and the Sixth Amendment.”
State v. Lewis, 174 P.3d 1043 (Or. Ct. App. 2007). “…constitutions. Affirmed. 1 Defendant does not argue that his statutory right to counsel at arraignment was violated. ORS 135.040; ORS 135.045.”
State v. Pedersen, 566 P.3d 24 (Or. Ct. App. 2025). “” ORS 135.040 (empha- ses added). If the defendant wants counsel and is eligible, the court must appoint counsel.”
Harris v. State of Oregon (D. Or. 2021). “1 See ORS 135.040 (statutory right to counsel).”
Humphreys v. State, 528 P.2d 1094 (Or. Ct. App. 1974). “① , ② Inasmuch as the case must be returned to the district court for further proceedings, we point out again that the record which has come up with this appeal fails to disclose whether, in the district court before the plea was made, the provisions of ORS 135.040 et seq. were…”
State v. Adams, 342 Or. App. 173 (Or. Ct. App. 2025). “1 Instead, the court took what it described as defendant’s refusal to fill out the application for a court-appointed attorney prior to the arraignment (which was not affirmed by defendant and, indeed, later was contradicted by defendant) as a vol- untary waiver of counsel,…”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.