137.071
Requirements for judgment documents.
(1) The judge in a criminal action shall ensure that the creation and filing of
a judgment document complies with this section. On appeal, the appellate court
may give leave as provided in ORS 19.270 for entry of a judgment document that
complies with this section but may not reverse or set aside a judgment,
determination or disposition on the sole ground that the judgment document
fails to comply with this section.
(2) A judgment
document in a criminal action must comply with ORS 18.038. In addition, a
judgment document in a criminal action must:
(a) Indicate
whether the defendant was determined to be financially eligible for purposes of
appointed counsel in the action.
(b) Indicate
whether the court appointed counsel for the defendant in the action.
(c) If there is
no attorney for the defendant, indicate whether the defendant knowingly waived
any right to an attorney after having been informed of that right.
(d) Include the
identity of the recorder or reporter for the proceeding or action who is to be
served under ORS 138.081.
(e) Include any
information specifically required by statute or by court rule.
(f) Specify
clearly the court’s determination for each charge in the information,
indictment or complaint.
(g) Specify
clearly the court’s disposition, including all legal consequences the court
establishes or imposes. If the determination is one of conviction, the judgment
document must include any suspension of sentence, forfeiture, imprisonment,
cancellation of license, removal from office, monetary obligation, probation,
conditions of probation, discharge, restitution, community service and all
other sentences and legal consequences imposed by the court. Nothing in this
paragraph requires the judgment document to specify any consequences that may
result from the determination but are not established or imposed by the court.
(h) Include the
identities of the attorney for the state and the attorney, if any, for the
defendant.
(i) If the court
sentences the defendant to a term of incarceration, and the physical custody of
the defendant as determined by ORS 137.124 is related to the age of the
defendant at the time of committing an offense, indicate the age of the
defendant at the time of committing the offense.
(3) A judgment
document in a criminal action that includes a money award, as defined in ORS
18.005, must comply with ORS 18.048.
(4) The
requirements of this section do not apply to a judgment document if the action
was commenced by the issuance of a uniform citation adopted under ORS 1.525 and
the court has used the space on the citation for the entry of a judgment. The
exemption provided by this subsection does not apply if any indictment,
information or complaint other than a uniform citation is filed in the action.
(5) For the
purposes of determining the defendant’s age at the time of committing an
offense under subsection (2) of this section:
(a) If the
defendant is convicted of two or more offenses occurring on different days, the
defendant’s age shall be calculated using the earliest date.
(b) If the
defendant is convicted of an offense occurring within a range of dates, the
defendant’s age shall be calculated using the date at the beginning of the
range. [1989 c.472 §2; 1995 c.117 §1; 1997 c.526 §3; 2001 c.962 §88; 2003 c.300
§§1,2; 2003 c.576 §162; 2019 c.634 §1]
137.072 [1967 c.585 §2; repealed by 1973
c.836 §358]
137.073 [1989 c.472 §3; repealed by 2003
c.576 §580]
Notes of Decisions
Cited in
22
cases (
5 in the last 5 years), 1984–2026 · leading case:
State v. Colgrove, 521 P.3d 456 (Or. 2022).
State v. Colgrove, 521 P.3d 456 (Or. 2022).
· cites it 3× “005(5)(a) and (b) were “derived from the list of legal consequences described in ORS 137.071(1)(g) that a judge may impose and, if so imposed, must be in the judgment of conviction,” and “the list of ‘dispositions’ presently found in [former] ORS 138.”
State v. Link, 208 P.3d 936 (Or. 2009).
· cites it 5× “*200 The statute setting out the requirements for judgments in criminal cases, ORS 137.071, recognizes a defendant’s interest in having the criminal record correctly reflect the court’s resolution of each charge that the state makes.”
State v. Stark, 307 P.3d 418 (Or. 2013).
· cites it 4× “038 and to provide additional specific information about various aspects of the proceedings and the court’s decisions, including a clear specification of the court’s disposition for each charge.”
Stevens v. Bispham, 851 P.2d 556 (Or. 1993).
· cites it 2× “077, to be represented by counsel throughout the sentencing proceedings, ORS 137.071(4) (by implication), and to be heard personally before any sentence is passed, Or.”
State v. White, 211 P.3d 248 (Or. 2009).
· cites it 2× “See ORS 137.071(2)(g) ("judgment" shall include determination of each charge, which may include "determination * * * of conviction").”
State v. Bates, 500 P.3d 746 (Or. Ct. App. 2021).
“As defendant notes, under ORS 137.071(2)(g), a judgment doc- ument in a criminal action is one that “[s]pecif[ies] clearly the court’s disposition, including all legal consequences the court establishes or imposes,” including imprisonment, mon- etary obligations, terms and…”
State v. Hawkins, 323 P.3d 463 (Or. Ct. App. 2014).
· cites it 3× “The court further explained that, under ORS 137.071, 5 criminal judgments must “specify clearly the court’s determination for each charge in the information, indictment or complaint,” thus recognizing “a defendant’s interest in having the criminal record correctly reflect the…”
State v. Barrett, 255 P.3d 472 (Or. 2011).
“See ORS 137.071(2)(g) (if defendant is convicted, “the judgment document must include any * * * restitution”).”
State v. Lavitsky, 17 P.3d 495 (Or. Ct. App. 2000).
· cites it 2× “See also ORS 137.071(11) (criminal judgment must be signed and dated as of the date of signature).”
State v. Kragt, 495 P.3d 1233 (Or. 2021).
“The 1989 version of the sentencing 10 In support of that reading, the state cites several 1989 sentencing stat- utes, namely, ORS 137.071 (1989), ORS 137.122(2) (1989), ORS 137.”
State v. Fowler, 252 P.3d 302 (Or. 2011).
“” See ORS 137.071(2) (providing that, among other things, “[a] judgment document in a criminal action must comply with ORS 18.”
State v. Hernandez, 483 P.3d 59 (Or. Ct. App. 2021).
“Chesnut, 283 Or App 347 , 351 n 4, 388 P3d 1237 (2017) (describing the UCJ); see also ORS 137.071(2)(f) (providing that a judgment in a criminal action must, among other requirements, “[s]pecify clearly the court’s determination for each charge in the information, indictment or…”
— Or. Rev. Stat. § 137.071(1) — 1 case
— Or. Rev. Stat. § 137.071(1)(g) — 1 case
State v. Colgrove, 521 P.3d 456 (Or. 2022).
“005(5)(a) and (b) were “derived from the list of legal consequences described in ORS 137.071(1)(g) that a judge may impose and, if so imposed, must be in the judgment of conviction,” and “the list of ‘dispositions’ presently found in [former] ORS 138.”
— Or. Rev. Stat. § 137.071(11) — 2 cases
State v. Lavitsky, 17 P.3d 495 (Or. Ct. App. 2000).
“See also ORS 137.071(11) (criminal judgment must be signed and dated as of the date of signature).”
— Or. Rev. Stat. § 137.071(2) — 2 cases
State v. Stark, 307 P.3d 418 (Or. 2013).
“038 and to provide additional specific information about various aspects of the proceedings and the court’s decisions, including a clear specification of the court’s disposition for each charge.”
State v. Fowler, 252 P.3d 302 (Or. 2011).
“” See ORS 137.071(2) (providing that, among other things, “[a] judgment document in a criminal action must comply with ORS 18.”
— Or. Rev. Stat. § 137.071(2)(a) — 1 case
— Or. Rev. Stat. § 137.071(2)(f) — 5 cases
State v. Colgrove, 521 P.3d 456 (Or. 2022).
“005(5)(a) and (b) were “derived from the list of legal consequences described in ORS 137.071(1)(g) that a judge may impose and, if so imposed, must be in the judgment of conviction,” and “the list of ‘dispositions’ presently found in [former] ORS 138.”
State v. Link, 208 P.3d 936 (Or. 2009).
“*200 The statute setting out the requirements for judgments in criminal cases, ORS 137.071, recognizes a defendant’s interest in having the criminal record correctly reflect the court’s resolution of each charge that the state makes.”
State v. Hernandez, 483 P.3d 59 (Or. Ct. App. 2021).
“Chesnut, 283 Or App 347 , 351 n 4, 388 P3d 1237 (2017) (describing the UCJ); see also ORS 137.071(2)(f) (providing that a judgment in a criminal action must, among other requirements, “[s]pecify clearly the court’s determination for each charge in the information, indictment or…”
State v. Hawkins, 323 P.3d 463 (Or. Ct. App. 2014).
“The court further explained that, under ORS 137.071, 5 criminal judgments must “specify clearly the court’s determination for each charge in the information, indictment or complaint,” thus recognizing “a defendant’s interest in having the criminal record correctly reflect the…”
— Or. Rev. Stat. § 137.071(2)(g) — 5 cases
State v. White, 211 P.3d 248 (Or. 2009).
“See ORS 137.071(2)(g) ("judgment" shall include determination of each charge, which may include "determination * * * of conviction").”
State v. Colgrove, 521 P.3d 456 (Or. 2022).
“005(5)(a) and (b) were “derived from the list of legal consequences described in ORS 137.071(1)(g) that a judge may impose and, if so imposed, must be in the judgment of conviction,” and “the list of ‘dispositions’ presently found in [former] ORS 138.”
State v. Bates, 500 P.3d 746 (Or. Ct. App. 2021).
“As defendant notes, under ORS 137.071(2)(g), a judgment doc- ument in a criminal action is one that “[s]pecif[ies] clearly the court’s disposition, including all legal consequences the court establishes or imposes,” including imprisonment, mon- etary obligations, terms and…”
State v. Barrett, 255 P.3d 472 (Or. 2011).
“See ORS 137.071(2)(g) (if defendant is convicted, “the judgment document must include any * * * restitution”).”
— Or. Rev. Stat. § 137.071(4) — 1 case
Stevens v. Bispham, 851 P.2d 556 (Or. 1993).
“077, to be represented by counsel throughout the sentencing proceedings, ORS 137.071(4) (by implication), and to be heard personally before any sentence is passed, Or.”
— Or. Rev. Stat. § 137.071(7) — 2 cases
State v. Link, 208 P.3d 936 (Or. 2009).
“*200 The statute setting out the requirements for judgments in criminal cases, ORS 137.071, recognizes a defendant’s interest in having the criminal record correctly reflect the court’s resolution of each charge that the state makes.”
State v. Hawkins, 323 P.3d 463 (Or. Ct. App. 2014).
“The court further explained that, under ORS 137.071, 5 criminal judgments must “specify clearly the court’s determination for each charge in the information, indictment or complaint,” thus recognizing “a defendant’s interest in having the criminal record correctly reflect the…”
— Or. Rev. Stat. § 137.071(9) — 2 cases
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