Oregon Revised Statutes

Or. Rev. Stat. § 151.485 (2026)

Financial eligibility; determination; financial statement; termination of appointed counsel

✓ current as of May 2026

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151.485 Financial eligibility; determination; financial statement; termination of appointed counsel. (1) For purposes of determining the financial eligibility for appointed counsel of persons with a constitutional or statutory right to counsel in matters before the state courts and whose counsel is authorized to be paid by the executive director of the Oregon Public Defense Commission, a person is financially eligible for appointed counsel if the person is determined to be financially unable to retain adequate counsel without substantial hardship in providing basic economic necessities to the person or the person’s dependent family under standards established by the Oregon Public Defense Commission under ORS 151.216.

(2) A determination of financial eligibility shall be made upon the basis of information contained in a detailed financial statement submitted by the person for whom counsel is requested or appointed or, in an appropriate case, by the person’s parent, guardian or custodian. The financial statement shall be in the form prescribed by the Oregon Public Defense Commission. The form shall contain a full disclosure of all assets, liabilities, current income, dependents and other information required by ORS 135.050 (4) and, in addition, any information required by the commission and state courts as necessary to determine eligibility. The commission shall adopt uniform statewide guidelines and procedures that prescribe how to use the form and determine financial eligibility for appointed counsel.

(3) 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.

(4) In addition to any criminal prosecution, a civil proceeding may be initiated by any public body that has expended moneys for the defendant’s legal assistance within two years of judgment if the defendant was not qualified for legal assistance in accordance with subsections (1) and (2) of this section. As used in this subsection, “legal assistance” includes legal counsel, transcripts, witness fees and expenses and any other goods or services required by law to be provided to a financially eligible person at state expense under ORS 151.216 and 151.219.

(5) The civil proceeding shall be subject to the exemptions from execution as provided for by law. [1989 c.1053 §13; 1991 c.825 §6; 2001 c.962 §33; 2023 c.281 §36]

Notes of Decisions

Cited in 7 cases, 2000–2020 · leading case: State v. Runnels, 390 P.3d 1120 (Or. Ct. App. 2017).

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State v. Runnels, 390 P.3d 1120 (Or. Ct. App. 2017). · cites it 2× “See ORS 151.485 to 151.497 (procedures governing determination of financial eligibility for court-appointed counsel).”

State v. Mannix, 326 P.3d 1236 (Or. Ct. App. 2014). · cites it 2× “487 (2009), which provided: “(1) If in determining that a person is financially eligible for appointed counsel under ORS 151.485, the court finds that the person has financial resources that enable the person to pay in full or in part the administrative costs of determining the…”

State v. Venturi, 998 P.2d 748 (Or. Ct. App. 2000). “487 provides: “(1) If in determining that a person is eligible for court-appointed counsel after applying the guidelines and standards issued by the State Court Administrator under ORS 151.485, the court finds that the person has financial resources that enable the person to pay…”

Tucker v. Lampert, 26 P.3d 830 (Or. Ct. App. 2001). “487(1) provides: “If in determining that a person is eligible for court-appointed counsel after applying the guidelines and standards issued by the State Court Administrator under ORS 151.485, the court finds that the person has financial resources that enable the person to pay…”

State v. Shank, 136 P.3d 101 (Or. Ct. App. 2006). “” ORS 151.485(1). Second, not all criminal cases will involve orders under ORS 151.”

State v. McCarthy, 473 P.3d 74 (Or. Ct. App. 2020). “487(1) provides: “If in determining that a person is financially eligible for appointed counsel under ORS 151.485, the court finds that the person has financial resources that enable the person to pay in full or in part the administrative costs of determin- ing the eligibility…”

State v. Willis, 395 P.3d 981 (Or. Ct. App. 2017). “487(1) states: “If in determining that a person is financially eligible for appointed counsel under ORS 151.485, the court finds that the person has financial resources that enable the person to pay in full or in part the administrative costs of determining the eligibility of…”

— Or. Rev. Stat. § 151.485(1) — 2 cases

State v. Mannix, 326 P.3d 1236 (Or. Ct. App. 2014). “487 (2009), which provided: “(1) If in determining that a person is financially eligible for appointed counsel under ORS 151.485, the court finds that the person has financial resources that enable the person to pay in full or in part the administrative costs of determining the…”

State v. Shank, 136 P.3d 101 (Or. Ct. App. 2006). “” ORS 151.485(1). Second, not all criminal cases will involve orders under ORS 151.”

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