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

Or. Rev. Stat. § 135.425 (2026)

Responsibilities of defense counsel

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

      135.425 Responsibilities of defense counsel. (1) Defense counsel shall conclude a plea agreement only with the consent of the defendant, and shall insure that the decision whether to enter a plea of guilty or no contest is ultimately made by the defendant.

      (2) To aid the defendant in reaching a decision, defense counsel, after appropriate investigation, shall advise the defendant of the alternatives available and of factors considered important by the defense counsel or the defendant in reaching a decision. [1973 c.836 §172]

 

      135.430 [Renumbered 135.315]

Notes of Decisions
Cited in 13 cases (1 in the last 5 years), 1984–2022 · leading case: State v. King, 398 P.3d 336 (Or. 2017).
Sort: Relevance Newest Treatment
State v. King, 398 P.3d 336 (Or. 2017). · cites it 3× “See ORS 135.425(2) (“To aid the defendant in reaching a decision, defense counsel, after appropriate investigation, shall advise the defendant of the alternatives available and of factors considered important by the defense counsel or the defendant in reaching a decision.”
Trujillo v. Maass, 822 P.2d 703 (Or. 1991). · cites it 2× “425 (responsibility of defense counsel) recognize the legitimacy of plea discussions in many cases and the responsibility of a trial attorney to insure that the defendant is informed about the statutory procedure, including the trial judge's role and discretion under ORS 135.”
Hartzog v. Keeney, 742 P.2d 600 (Or. 1987). · cites it 3× ““(2) To aid the defendant in reaching a decision, defense counsel, after appropriate investigation, shall advise the defendant of the alternatives available and of factors considered important by the defense counsel or the defendant in reaching a decision.”
Lyons v. Pearce, 694 P.2d 969 (Or. 1985). · cites it 2× “ORS 135.425 provides: “(1) Defense counsel shall conclude a plea agreement only with the consent of the defendant, and shall ensure that the decision whether to enter a plea of guilty or no contest is ultimately made by the defendant.”
Lyons v. Pearce, 694 P.2d 978 (Or. 1985). · cites it 3× “We also held that ORS 135.425 2 and the constitutional provision involving the right to counsel require that counsel inform an alien defendant of the possibility of deportation.”
State v. Peterson, 689 P.2d 985 (Or. Ct. App. 1984). · cites it 2× “ORS 135.425. [5] The Model Penal Code originally included a provision permitting a trial judge to raise the insanity defense.”
Rise v. Bd. of Parole, 745 P.2d 1210 (Or. 1987). · cites it 2× “" ORS 135.425. Those factors include the limited and nonbinding nature of the parts of an agreement that *1218 depend on actions of the court and of the Board of Parole, and, I should think, counsel's assessment of their likely reactions.”
Turczynski v. Grill, 895 P.2d 787 (Or. Ct. App. 1995). · cites it 2× “385 and ORS 135.425. * * * [4] “In spite of similarities to a guilty plea, the trial court, nonetheless, remains the trier of fact and is free to evaluate the evidence presented in the stipulated facts and determine guilt or innocence.”
Kinkel v. Lawhead, 246 P.3d 746 (Or. Ct. App. 2011). “Jackson, 178 Or App 233, 236 , 36 P3d 500 (2001); see also ORS 135.425(1) (“Defense counsel shall conclude a plea agreement only with the consent of the defendant, and shall insure that the decision whether to enter a plea of guilty or no *416 contest is ultimately made by the…”
Tatarinov v. Belleque, 243 P.3d 494 (Or. Ct. App. 2010). “385 and ORS 135.425. * * * * * * * “In spite of similarities to a guilty plea, the trial court, nonetheless, remains the trier of fact and is free to evaluate the evidence presented in the stipulated facts and determine guilt or innocence.”
State v. McLarrin, 513 P.3d 40 (Or. Ct. App. 2022). ““[W]hether evidence is sufficient to satisfy[ ] ORS 135.425(1) does not present the same question as whether that evidence is sufficient, on its own, to convict the defen- dant.”
State v. King (Or. 2017). · cites it 3× “The second statute identified by the state provides that a defense attorney has a duty to aid the client in reaching a decision concerning a potential plea agreement, which in the state’s view cuts against the argument that a default rule should favor defendants.”
Show all 13 citing cases →
— Or. Rev. Stat. § 135.425(1) — 3 cases
Kinkel v. Lawhead, 246 P.3d 746 (Or. Ct. App. 2011). “Jackson, 178 Or App 233, 236 , 36 P3d 500 (2001); see also ORS 135.425(1) (“Defense counsel shall conclude a plea agreement only with the consent of the defendant, and shall insure that the decision whether to enter a plea of guilty or no *416 contest is ultimately made by the…”
State v. McLarrin, 513 P.3d 40 (Or. Ct. App. 2022). ““[W]hether evidence is sufficient to satisfy[ ] ORS 135.425(1) does not present the same question as whether that evidence is sufficient, on its own, to convict the defen- dant.”
Kinkel v. Lawhead, 246 P.3d 746 (Or. Ct. App. 2011).
— Or. Rev. Stat. § 135.425(2) — 2 cases
State v. King, 398 P.3d 336 (Or. 2017). “See ORS 135.425(2) (“To aid the defendant in reaching a decision, defense counsel, after appropriate investigation, shall advise the defendant of the alternatives available and of factors considered important by the defense counsel or the defendant in reaching a decision.”
State v. King (Or. 2017). “The second statute identified by the state provides that a defense attorney has a duty to aid the client in reaching a decision concerning a potential plea agreement, which in the state’s view cuts against the argument that a default rule should favor defendants.”
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.