Oregon Revised Statutes

Or. Rev. Stat. § 135.050 (2026)

Eligibility for court-appointed counsel; financial statement; termination; civil liability

✓ current as of May 2026

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135.050 Eligibility for court-appointed counsel; financial statement; termination; civil liability. (1) Suitable counsel for a defendant shall be appointed by a municipal, county or justice court if:

(a) The defendant is before a court on a matter described in subsection (5) of this section;

(b) The defendant requests aid of counsel;

(d) It appears to the court that the defendant is financially unable to retain adequate representation without substantial hardship in providing basic economic necessities to the defendant or the defendant’s dependent family.

(2) Suitable counsel for a defendant shall be appointed by a circuit court if:

(a) The defendant is before the court on a matter described in subsection (5) of this section;

(b) The defendant requests aid of counsel;

(d)(A) The defendant is determined to be financially eligible under ORS 151.485 and the standards established by the Oregon Public Defense Commission under ORS 151.216; or

(B) The court finds, on the record, substantial and compelling reasons why the defendant is financially unable to retain adequate representation without substantial hardship in providing basic economic necessities to the defendant or the defendant’s dependent family despite the fact that the defendant does not meet the financial eligibility standards established by the commission.

(3) Appointed counsel may not be denied to any defendant merely because the defendant’s friends or relatives have resources adequate to retain counsel or because the defendant has deposited or is capable of depositing security for release. However, appointed counsel may be denied to a defendant if the defendant’s spouse has adequate resources which the court determines should be made available to retain counsel.

(4) The defendant’s financial statement under subsection (1) or (2) of this section shall include, but not be limited to:

(a) A list of bank accounts in the name of defendant or defendant’s spouse, and the balance in each;

(b) A list of defendant’s interests in real property and those of defendant’s spouse;

(d) A list of debts in the name of defendant or defendant’s spouse, and the total of each; and

(e) A record of earnings and other sources of income in the name of defendant or defendant’s spouse, and the total of each.

(5) Counsel must be appointed for a defendant who meets the requirements of subsection (1) or (2) of this section and who is before a court on any of the following matters:

(a) Charged with a crime.

(b) For a hearing to determine whether an enhanced sentence should be imposed when such proceedings may result in the imposition of a felony sentence.

(d) For any proceeding concerning an order of probation, including but not limited to the revoking or amending thereof.

(6) Unless otherwise ordered by the court, the appointment of counsel under this section shall continue during all criminal proceedings resulting from the defendant’s arrest through acquittal or the imposition of punishment. The court having jurisdiction of the case may not substitute one appointed counsel for another except pursuant to the policies, procedures, standards and guidelines of the Oregon Public Defense Commission under ORS 151.216.

(7) If, at any time after the appointment of counsel, the court having jurisdiction of the case finds that the defendant is financially able to obtain counsel, the court may terminate the appointment of counsel. If, at any time during criminal proceedings, the court having jurisdiction of the case finds that the defendant is financially unable to pay counsel whom the defendant has retained, the court may appoint counsel as provided in this section.

(8)(a) Except as provided in paragraph (b) of this subsection, the court may order the defendant in a circuit court to pay to the Public Defense Services Account established by ORS 151.225, through the clerk of the court, in full or in part the administrative costs of determining the eligibility of the defendant for appointed counsel and the costs of the legal and other services that are related to the provision of appointed counsel under ORS 151.487.

(b) A court may not enter an order described in paragraph (a) of this subsection when the defendant is charged only with unlawful possession of a controlled substance constituting a drug enforcement misdemeanor as described in ORS 475.896.

(9) In addition to any criminal prosecution, a civil proceeding may be initiated by any public body which has expended moneys for the defendant’s legal assistance within two years of judgment if the defendant was not qualified in accordance with subsection (1) or (2) of this section for legal assistance.

(10) The civil proceeding shall be subject to the exemptions from execution as provided for by law.

(11) As used in this section unless the context requires otherwise, “counsel” includes a legal advisor appointed under ORS 135.045. [Formerly 133.625; 1981 c.3 §118; 1985 c.710 §1; 1989 c.1053 §1b; 1997 c.761 §8; 2001 c.472 §4; 2001 c.962 §25; 2003 c.449 §49; 2012 c.107 §41; 2023 c.281 §25; 2024 c.70 §56]

135.053 [1979 c.806 §1; 1981 s.s. c.3 §124; repealed by 1985 c.502 §28]

Notes of Decisions

Cited in 53 cases (4 in the last 5 years), 1974–2026 · leading case: Alabama v. Shelton, 535 U.S. 654 (2002).

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Alabama v. Shelton, 535 U.S. 654 (2002). · cites it 2× “2002); Ore. Rev. Stat. Ann. § 135.050(4) (Supp. 1998); Tenn.”

Fuller v. Oregon, 417 U.S. 40 (1974). · cites it 5× “" Ore. Rev. Stat. § 135.050 (1) (d) (1973).”

State v. Taylor, 142 P.3d 1093 (Or. Ct. App. 2006). · cites it 5× ““(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.”

Brown v. Multnomah Cnty. Dist. Court, 570 P.2d 52 (Or. 1977). · cites it 2× “See ORS 135.050. Traffic crimes are no exception.”

State v. Langley, 839 P.2d 692 (Or. 1992). · cites it 2× “" Defendant also asserted that there was an "attitude of animosity" between him and his lawyers because of his dissatisfaction with them.”

State v. Powell, 518 P.3d 949 (Or. Ct. App. 2022). · cites it 2× “Defendant argues that, even if not preserved, the court’s sua sponte decision to replace counsel constitutes plain error because ORS 135.050(6) requires the trial court to consult with the OPDS before doing so.”

State v. Gordon, 603 P.2d 1196 (Or. Ct. App. 1979). · cites it 6× “ORS 135.050(1) sets forth the criteria for a defend-lit to qualify for a court-appointed attorney 1 and *514 requires appointment if it "appears to the court that the defendant is without means and is unable to obtain counsel.”

Dep't of Human Servs. v. T. L., 369 P.3d 1159 (Or. 2016). “pendency proceedings, however, the statutory right to counsel depends on the application of specific criteria: “(1) Counsel shall be appointed for the parent or legal guardian whenever the nature of the proceedings and due process so require, and when the parent or legal…”

Knox v. Nooth, 260 P.3d 562 (Or. Ct. App. 2011). · cites it 5× “045 and ORS 135.050 (2001). 8 Before addressing the defendant’s constitutional arguments, we reviewed for abuse of discretion the trial court’s denial of the defendant’s motion to substitute appointed counsel under the statutes and concluded that, in light of the need for an…”

State v. Scharf, 605 P.2d 690 (Or. 1980). · cites it 2× “ORS 135.050, Brown v. Multnomah County Dist.”

Fitch v. Belshaw, 581 F. Supp. 273 (D. Or. 1984). · cites it 4× “STATUTORY SCHEME Procedures for determining eligibility for court-appointed counsel are set forth in ORS 135.050. A defendant must provide the court with a written, verified financial statement (for both defendant and defendant’s spouse) detailing bank accounts, real property…”

State v. Smith, 123 P.3d 261 (Or. 2005). “The trial court denied the motion for substitute counsel, stating that nothing had been presented to the court to indicate that appointed counsel’s actions were not reasonable under the circumstances and that appointment of substitute counsel would involve unnecessary delay and…”

Show all 53 citing cases →

— Or. Rev. Stat. § 135.050(1) — 4 cases

State v. Gordon, 603 P.2d 1196 (Or. Ct. App. 1979). “ORS 135.050(1) sets forth the criteria for a defend-lit to qualify for a court-appointed attorney 1 and *514 requires appointment if it "appears to the court that the defendant is without means and is unable to obtain counsel.”

State v. Foster, 769 P.2d 790 (Or. Ct. App. 1989).

State v. Hussin, 752 P.2d 337 (Or. Ct. App. 1988).

State v. Snyder, 804 P.2d 1203 (Or. Ct. App. 1991).

— Or. Rev. Stat. § 135.050(1)(b) — 1 case

— Or. Rev. Stat. § 135.050(1)(c) — 2 cases

State v. Parks, 751 P.2d 1115 (Or. Ct. App. 1988).

State v. Foster, 769 P.2d 790 (Or. Ct. App. 1989).

— Or. Rev. Stat. § 135.050(1)(d) — 5 cases

Peterson v. Dept. of Rev., 23 Or. Tax 554 (Or. T.C. 2019).

Lamka v. Dept. of Rev., 23 Or. Tax 566 (Or. T.C. 2019).

State v. Foster, 769 P.2d 790 (Or. Ct. App. 1989).

State v. Freeman, 771 P.2d 304 (Or. Ct. App. 1989).

— Or. Rev. Stat. § 135.050(2) — 3 cases

Fitch v. Belshaw, 581 F. Supp. 273 (D. Or. 1984). “STATUTORY SCHEME Procedures for determining eligibility for court-appointed counsel are set forth in ORS 135.050. A defendant must provide the court with a written, verified financial statement (for both defendant and defendant’s spouse) detailing bank accounts, real property…”

State v. Towle, 719 P.2d 59 (Or. Ct. App. 1986).

— Or. Rev. Stat. § 135.050(3) — 1 case

State v. Snyder, 804 P.2d 1203 (Or. Ct. App. 1991).

— Or. Rev. Stat. § 135.050(3)(c) — 2 cases

State ex rel. Roby v. Mason, 587 P.2d 94 (Or. 1978).

State ex rel. Curvey v. Mason, 621 P.2d 578 (Or. 1981).

— Or. Rev. Stat. § 135.050(4) — 11 cases

Alabama v. Shelton, 535 U.S. 654 (2002). “2002); Ore. Rev. Stat. Ann. § 135.050(4) (Supp. 1998); Tenn.”

State v. Glover, 577 P.2d 91 (Or. Ct. App. 1978).

State v. Arms, 653 P.2d 1004 (Or. Ct. App. 1982).

State v. White, 632 P.2d 1363 (Or. Ct. App. 1981).

— Or. Rev. Stat. § 135.050(4)(a) — 1 case

State v. Vest, 744 P.2d 288 (Or. Ct. App. 1987).

— Or. Rev. Stat. § 135.050(5) — 14 cases

State v. Langley, 839 P.2d 692 (Or. 1992). “" Defendant also asserted that there was an "attitude of animosity" between him and his lawyers because of his dissatisfaction with them.”

State v. Taylor, 142 P.3d 1093 (Or. Ct. App. 2006). ““(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.”

State v. Keerins, 932 P.2d 65 (Or. Ct. App. 1996).

State v. Heaps, 742 P.2d 1188 (Or. Ct. App. 1987).

— Or. Rev. Stat. § 135.050(6) — 6 cases

State v. Powell, 518 P.3d 949 (Or. Ct. App. 2022). “Defendant argues that, even if not preserved, the court’s sua sponte decision to replace counsel constitutes plain error because ORS 135.050(6) requires the trial court to consult with the OPDS before doing so.”

State v. Langley, 273 P.3d 901 (Or. 2012).

Knox v. Nooth, 260 P.3d 562 (Or. Ct. App. 2011). “045 and ORS 135.050 (2001). 8 Before addressing the defendant’s constitutional arguments, we reviewed for abuse of discretion the trial court’s denial of the defendant’s motion to substitute appointed counsel under the statutes and concluded that, in light of the need for an…”

State v. Pyle, 50 P.3d 591 (Or. Ct. App. 2002).

— Or. Rev. Stat. § 135.050(7) — 1 case

State v. Towle, 719 P.2d 59 (Or. Ct. App. 1986).

— Or. Rev. Stat. § 135.050(8) — 2 cases

State v. Arms, 653 P.2d 1004 (Or. Ct. App. 1982).

State ex rel. Juv. Dep't v. McLaughlin, 134 P.3d 964 (Or. Ct. App. 2006).

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