135.045 Court
appointment of counsel; waiver of counsel; appointment of legal advisor. (1)(a) If the defendant in a
criminal action appears without counsel at arraignment or thereafter, the court
shall determine whether the defendant wishes to be represented by counsel.
(b) If the
defendant does wish to be represented by counsel, the court, in accordance with
ORS 135.050, shall appoint counsel to represent the defendant.
(c) If the
defendant wishes to waive counsel, the court shall determine whether the
defendant has made a knowing and voluntary waiver of counsel. The court shall
accept the waiver of counsel if the defendant is not charged with a capital
offense. The court may decline to accept the waiver of counsel if the defendant
is charged with a capital offense.
(d) If the court
accepts a defendant’s waiver of counsel, the court may allow an attorney to
serve as the defendant’s legal advisor and may, in accordance with ORS 135.050,
appoint an attorney as the defendant’s legal advisor.
(2) Appointment
of counsel, including a legal advisor, under this section is subject to ORS
135.050, 135.055 and 151.485 to 151.497. [Formerly 135.320; 1987 c.803 §13;
1989 c.171 §16; 1989 c.1053 §1a; 1991 c.790 §11; 2001 c.472 §1; 2001 c.962 §24]
Notes of Decisions
Cited in
49
cases (
6 in the last 5 years), 1974–2026 · leading case:
State v. Phillips, 234 P.3d 1030 (Or. Ct. App. 2010).
State v. Phillips, 234 P.3d 1030 (Or. Ct. App. 2010).
· cites it 4× “Here, ORS 135.045, which defendant cites in his brief, governs the appointment and waiver of counsel in a criminal action.”
State v. Richardson, 978 P.2d 435 (Or. Ct. App. 1999).
· cites it 6× “040; ORS 135.045; Article I, section 11 [of the Oregon Constitution], and the Sixth Amendment.”
State v. Erb, 300 P.3d 270 (Or. Ct. App. 2013).
· cites it 3× “ORS 135.045, which defendant cites in her brief, governs the appointment and waiver of counsel in a criminal action.”
State v. Haines, 388 P.3d 365 (Or. Ct. App. 2017).
· cites it 3× “In Phillips, because of the “apparent congruence and the absence of any argument by defendant regarding an interpretation of the statute under which he would be provided with broader protection or more complete relief than that provided by the constitutional provisions,” we…”
State v. Garrett, 451 P.3d 612 (Or. Ct. App. 2019).
· cites it 5× “1 Defendant assigns error to three rulings of the trial court, contending that the court erred in (1) requiring him to represent himself at trial without a knowing and intentional waiver of counsel, thereby violating his rights under ORS 135.045,2 Article I, section 11, of the…”
State v. Taylor, 142 P.3d 1093 (Or. Ct. App. 2006).
· cites it 3× “«H* % ‡ H* “THE COURT: I have denied his motion to have [defendant’s attorney] removed as his attorney.”
State v. Pendergrapht, 284 P.3d 573 (Or. Ct. App. 2012).
“Costs include a reasonable attorney fee for counsel appointed pursuant to ORS 135.045 or 135.050 and a reasonable amount for fees and expenses incurred pursuant to preauthorization under ORS 135.”
State v. Kanuch, 217 P.3d 1082 (Or. Ct. App. 2009).
“Costs include a reasonable attorney fee for counsel appointed pursuant to ORS 135.045 or 135.050,” statutes authorizing *24 the provision of court-appointed counsel for indigent defendants.”
State v. Ferman-Velasco, 971 P.2d 897 (Or. Ct. App. 1998).
· cites it 2× “Costs include a reasonable attorney fee for counsel appointed pursuant to ORS 135.045 or 135.050 and a reasonable amount for expenses approved under ORS 135.”
Knox v. Nooth, 260 P.3d 562 (Or. Ct. App. 2011).
· cites it 2× “The defendant appealed and assigned error to the court’s denial of his motion to substitute his appointed counsel, arguing that the court’s decision violated, among other things, his statutory right to counsel under ORS 135.045 and ORS 135.050 (2001). 8 Before addressing the…”
State v. Johnson, 466 P.3d 710 (Or. Ct. App. 2020).
“During the trial, the state introduced evidence from which the jury could find that the substance that had been found on defen- dant by Pereyda had been sent to a crime lab, that the 3 Defendant had an attorney “legal advisor” appointed by the trial court pur- suant to ORS…”
State v. Heaps, 742 P.2d 1188 (Or. Ct. App. 1987).
“Alternatively, it argues that defendant understood his rights and the charges against him, that he voluntarily discharged his counsel, that he made an intelligent and understanding choice to represent himself, that his request for new counsel on the day of trial was untimely and…”
— Or. Rev. Stat. § 135.045(1)(b) — 2 cases
— Or. Rev. Stat. § 135.045(1)(c) — 4 cases
— Or. Rev. Stat. § 135.045(1)(d) — 1 case
— Or. Rev. Stat. § 135.045(l)(b) — 1 case
State v. Taylor, 142 P.3d 1093 (Or. Ct. App. 2006).
“«H* % ‡ H* “THE COURT: I have denied his motion to have [defendant’s attorney] removed as his attorney.”
— Or. Rev. Stat. § 135.045(l)(c) — 3 cases
State v. Haines, 388 P.3d 365 (Or. Ct. App. 2017).
“In Phillips, because of the “apparent congruence and the absence of any argument by defendant regarding an interpretation of the statute under which he would be provided with broader protection or more complete relief than that provided by the constitutional provisions,” we…”
State v. Phillips, 234 P.3d 1030 (Or. Ct. App. 2010).
“Here, ORS 135.045, which defendant cites in his brief, governs the appointment and waiver of counsel in a criminal action.”
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