138.500
Appointment of counsel and furnishing of transcript for appellant without
funds; compensation.
(1) If a defendant in a criminal action or a petitioner in a proceeding
pursuant to ORS 138.510 to 138.680 wishes to appeal from an appealable adverse
final order or judgment of a circuit court and if the person is without funds
to employ suitable counsel possessing skills and experience commensurate with
the nature and complexity of the case for the appeal, the person may request
the circuit court from which the appeal is or would be taken to appoint counsel
to represent the person on appeal. The following apply to a request under this
subsection:
(a) The request
shall be in writing and shall be made within the time during which an appeal
may be taken or, if the notice of appeal has been filed, at any time
thereafter. The request shall include a brief statement of the assets,
liabilities and income in the previous year of the person unless the court
already determined the person to be financially eligible for appointed counsel
at state expense for purposes of the specific case, in which instance, the
written request need only so indicate. However, if a request relies on a court’s
previous determination that the person is financially eligible, the court, in
its discretion, may require the person to submit a new statement of assets,
liabilities and income.
(b) If, based
upon a request under paragraph (a) of this subsection, the court finds that
petitioner or defendant previously received the services of appointed counsel
or currently is without funds to employ suitable counsel for an appeal, the
court shall appoint counsel to represent petitioner or defendant on the appeal.
(2)(a)
Notwithstanding subsection (1) of this section, when a defendant has been
sentenced to death, the request for appointed counsel shall be made to the
Supreme Court. The Supreme Court shall appoint suitable counsel to represent
the defendant on the appeal.
(b) After the
notice of appeal has been filed, the Court of Appeals has concurrent authority
to appoint or substitute counsel or appoint or substitute a legal advisor for
the defendant under ORS 138.504.
(c) The Supreme
Court has concurrent authority to appoint or substitute counsel or appoint or
substitute a legal advisor for the defendant under ORS 138.504 in connection
with review of a Court of Appeals decision under ORS 2.520.
(d) Neither the
Court of Appeals nor the Supreme Court may substitute one appointed counsel for
another under paragraph (b) or (c) of this subsection except pursuant to the
policies, procedures, standards and guidelines of the Oregon Public Defense
Commission.
(3) Whenever a
defendant in a criminal action or a petitioner in a proceeding pursuant to ORS
138.510 to 138.680 has filed a notice of appeal from an appealable adverse
final order or judgment of a circuit court and the person is without funds to
pay for a transcript, or portion thereof, necessary to present adequately the
case upon appeal, the person may request the executive director of the Oregon
Public Defense Commission to have the transcript, or portion thereof, prepared
for purposes of appeal. The following apply to a request under this subsection:
(a) The executive
director shall authorize the preparation of a transcript after a court has
determined that the person is eligible for court-appointed counsel or, if the
person has not applied for court-appointed counsel, the person submits a
statement of the person’s assets, liabilities and income in the previous year
and the director determines that the person is eligible for preparation of a
transcript at state expense.
(b) The cost of
the transcript preparation under paragraph (a) of this subsection shall be in
the amount prescribed in ORS 21.345 and paid for as provided by the policies,
procedures, standards and guidelines of the Oregon Public Defense Commission.
(4) After
submission of the original brief by counsel, the executive director of the
Oregon Public Defense Commission shall determine the cost of briefs and any
other expenses of appellant, except transcripts, necessary to appellate review
and a reasonable amount of compensation for counsel appointed under this
section. Compensation payable to appointed counsel shall be as established
under ORS 151.216. On any review by the Supreme Court of the judgment of the
Court of Appeals the executive director shall similarly determine the costs of
briefs and any other expenses necessary for review and a reasonable amount of
compensation for counsel appointed under this section.
(5) Costs,
expenses and compensation determined by the executive director of the Oregon
Public Defense Commission under subsection (4) of this section shall be paid by
the executive director from funds available for that purpose.
(6) If the
executive director of the Oregon Public Defense Commission denies, in whole or
in part, costs, expenses and compensation submitted for review and payment, the
person who submitted the payment request may appeal the decision to the Chief
Judge of the Court of Appeals, if the appeal is in the Court of Appeals, or to
the Chief Justice of the Supreme Court, if the appeal is in the Supreme Court.
The Chief Judge, Chief Justice or the designee of the Chief Judge or Chief
Justice, as appropriate, shall review the executive director’s decision for
abuse of discretion. The decision of the Chief Judge, the Chief Justice or the
designee of the Chief Judge or Chief Justice is final.
(7) The
provisions of this section shall apply in favor of the defendant in a criminal
action or the petitioner in a proceeding pursuant to ORS 138.510 to 138.680
when the person is respondent in an appeal taken by the state in a criminal
action or by the defendant in a proceeding pursuant to ORS 138.510 to 138.680.
(8) As used in
this section, “criminal action” does not include an action that involves only
violations.
(9) As used in
subsection (4) of this section, “counsel” includes a legal advisor appointed
under ORS 138.504. [1959 c.636 §23; 1961 c.480 §2; 1963 c.600 §8; 1969 c.198 §71;
1971 c.257 §3; 1977 c.752 §6; 1979 c.867 §3; 1981 s.s. c.3 §126; 1983 c.763 §16;
1983 c.774 §5; 1985 c.58 §1; 1985 c.502 §20; 1989 c.1053 §6; 1991 c.790 §17;
1991 c.827 §1; 1995 c.117 §2; 1995 c.194 §1; 2001 c.962 §§29,108; 2003 c.449 §§7,44;
2005 c.454 §1; 2007 c.291 §1; 2023 c.281 §30]
Notes of Decisions
State Ex Rel. Acocella v. Allen (1979)
or · cites it 15×
“ORS 138.500(1) clearly provides that the circuit court shall appoint counsel, upon request, for an indigent criminal defendant who wishes to appeal his or her conviction.”
Miller v. Baldwin (2001)
orctapp · cites it 8×
“[2] Given the comparatively low *241 standard that counsel must meet to be considered adequate, I do not see how counsel who fail to meet that standard could be considered to meet the suitability standard specified in the statutes.”
State v. Montgomery (1983)
or · cites it 9×
“” As discussed below, defendant has an adequate remedy in the ordinary course of the law by way of a request for a transcript under ORS 138.500(2), followed by a motion to supplement the record under ORAP 6.”
State v. Garcias (1984)
or · cites it 16×
“The issue raised in the instant case is whether PDSLC is eligible for cofnpensation for its representation of those defendants on appeal under ORS 138.500. PDSLC seeks reversal of the Court of Appeals’ denials of court-appointed attorney fees.”
State v. George (2004)
or · cites it 4×
“500(1), and the compensation for counsel and costs and expenses of the person necessary to the appeal shall be determined, allowed and paid as provided in ORS 138.”
Strasser v. State of Oregon (2021)
or · cites it 2×
“The statutory provisions on which petitioner relies are ORS 138.500(1), which provides that if a criminal defendant makes a written request for appellate counsel to the trial court whose judgment he or she wishes to appeal and the court has previously determined that the…”
Datt v. Hill (2010)
or · cites it 2×
“5 ORS 138.500(1) is the current version of a requirement that was included in the Post-Conviction Hearing Act when it originally was enacted.”
State v. Richter (1996)
orctapp · cites it 24×
“We appointed the Public Defender, ORS 138.500(1), but denied the motion for a transcript "with leave to renew upon showing that a transcript is necessary.”
State v. Robinson (1992)
or · cites it 8×
“ORS 138.500(1). After the Court of Appeals decided the case, petitioner requested an attorney fee based on 35.”
State Ex Rel. Juvenile Department v. Balderas (2001)
orctapp
“Under ORS 138.500(3), an indigent defendant on appeal in a post-conviction relief case is entitled to only so much of the transcript as is “necessary” for the appeal.”
State v. George (2002)
orctapp · cites it 2×
“500(1), and the compensation for counsel and costs and expenses of the person necessary to the appeal shall be determined, allowed and paid as provided in ORS 138.500. *589 “(8) Upon placing a person under the jurisdiction of the board, the court shall notify the person of the…”
State v. Bonner (1983)
orctapp · cites it 3×
“Montgomery, 58 Or App 630 , 650 P2d 111 (1982), the defendant had appealed from his conviction for burglary and had assigned as error only the trial court’s denial *4 of a transcript for the purpose of the appeal sought pursuant to ORS 138.500(2). We affirmed the judgment after…”
— Or. Rev. Stat. § 138.500(1) — 11 cases
State Ex Rel. Acocella v. Allen (1979)
or
“ORS 138.500(1) clearly provides that the circuit court shall appoint counsel, upon request, for an indigent criminal defendant who wishes to appeal his or her conviction.”
Miller v. Baldwin (2001)
orctapp
“[2] Given the comparatively low *241 standard that counsel must meet to be considered adequate, I do not see how counsel who fail to meet that standard could be considered to meet the suitability standard specified in the statutes.”
State v. George (2004)
or
“500(1), and the compensation for counsel and costs and expenses of the person necessary to the appeal shall be determined, allowed and paid as provided in ORS 138.”
Strasser v. State of Oregon (2021)
or
“The statutory provisions on which petitioner relies are ORS 138.500(1), which provides that if a criminal defendant makes a written request for appellate counsel to the trial court whose judgment he or she wishes to appeal and the court has previously determined that the…”
Datt v. Hill (2010)
or
“5 ORS 138.500(1) is the current version of a requirement that was included in the Post-Conviction Hearing Act when it originally was enacted.”
— Or. Rev. Stat. § 138.500(2) — 6 cases
State v. Montgomery (1983)
or
“” As discussed below, defendant has an adequate remedy in the ordinary course of the law by way of a request for a transcript under ORS 138.500(2), followed by a motion to supplement the record under ORAP 6.”
State Ex Rel. Acocella v. Allen (1979)
or
“ORS 138.500(1) clearly provides that the circuit court shall appoint counsel, upon request, for an indigent criminal defendant who wishes to appeal his or her conviction.”
State v. Bonner (1983)
orctapp
“Montgomery, 58 Or App 630 , 650 P2d 111 (1982), the defendant had appealed from his conviction for burglary and had assigned as error only the trial court’s denial *4 of a transcript for the purpose of the appeal sought pursuant to ORS 138.500(2). We affirmed the judgment after…”
State v. Richter (1996)
orctapp
“We appointed the Public Defender, ORS 138.500(1), but denied the motion for a transcript "with leave to renew upon showing that a transcript is necessary.”
— Or. Rev. Stat. § 138.500(2)(b) — 1 case
Strasser v. State of Oregon (2021)
or
“The statutory provisions on which petitioner relies are ORS 138.500(1), which provides that if a criminal defendant makes a written request for appellate counsel to the trial court whose judgment he or she wishes to appeal and the court has previously determined that the…”
— Or. Rev. Stat. § 138.500(2)(d) — 1 case
— Or. Rev. Stat. § 138.500(3) — 9 cases
State Ex Rel. Juvenile Department v. Balderas (2001)
orctapp
“Under ORS 138.500(3), an indigent defendant on appeal in a post-conviction relief case is entitled to only so much of the transcript as is “necessary” for the appeal.”
State v. Richter (1996)
orctapp
“We appointed the Public Defender, ORS 138.500(1), but denied the motion for a transcript "with leave to renew upon showing that a transcript is necessary.”
State Ex Rel. Acocella v. Allen (1979)
or
“ORS 138.500(1) clearly provides that the circuit court shall appoint counsel, upon request, for an indigent criminal defendant who wishes to appeal his or her conviction.”
State v. Garcias (1984)
or
“The issue raised in the instant case is whether PDSLC is eligible for cofnpensation for its representation of those defendants on appeal under ORS 138.500. PDSLC seeks reversal of the Court of Appeals’ denials of court-appointed attorney fees.”
— Or. Rev. Stat. § 138.500(3)(b) — 1 case
State v. Richter (1996)
orctapp
“We appointed the Public Defender, ORS 138.500(1), but denied the motion for a transcript "with leave to renew upon showing that a transcript is necessary.”
— Or. Rev. Stat. § 138.500(4) — 6 cases
State v. Robinson (1992)
or
“ORS 138.500(1). After the Court of Appeals decided the case, petitioner requested an attorney fee based on 35.”
— Or. Rev. Stat. § 138.500(5) — 2 cases
State v. Garcias (1984)
or
“The issue raised in the instant case is whether PDSLC is eligible for cofnpensation for its representation of those defendants on appeal under ORS 138.500. PDSLC seeks reversal of the Court of Appeals’ denials of court-appointed attorney fees.”
State Ex Rel. Acocella v. Allen (1979)
or
“ORS 138.500(1) clearly provides that the circuit court shall appoint counsel, upon request, for an indigent criminal defendant who wishes to appeal his or her conviction.”
— Or. Rev. Stat. § 138.500(l) — 1 case
State Ex Rel. Acocella v. Allen (1979)
or
“ORS 138.500(1) clearly provides that the circuit court shall appoint counsel, upon request, for an indigent criminal defendant who wishes to appeal his or her conviction.”
— Or. Rev. Stat. § 138.500(l)(b) — 1 case
Datt v. Hill (2010)
or
“5 ORS 138.500(1) is the current version of a requirement that was included in the Post-Conviction Hearing Act when it originally was enacted.”
Annotations are extracted automatically from the opinions in the
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treatment. Dots show Syfertize treatment of the citing case itself.