Or. Rev. Stat. » Oregon Revised Statutes

Or. Rev. Stat. § 151.505

Authority of court to order repayment of costs related to provision of appointed counsel

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      151.505 Authority of court to order repayment of costs related to provision of appointed counsel. (1) At the conclusion of a case or matter in which the first accusatory instrument or petition in the trial court was filed after January 1, 1998, and in which the court appointed counsel to represent a person, a trial, appellate or post-conviction court may include in its judgment a money award requiring that the person repay in full or in part the administrative costs of determining the eligibility of the person for appointed counsel, and the costs of the legal and other services that are related to the provision of appointed counsel, that have not previously been required to be paid under a limited judgment entered under ORS 151.487. An award under this section is a monetary obligation payable to the state.

      (2) Costs that may be included in a money award under this section include a reasonable attorney fee for counsel appointed to represent the person and a reasonable amount for expenses authorized under ORS 135.055. A reasonable attorney fee is presumed to be a reasonable number of hours at the hourly rate authorized by the Oregon Public Defense Commission under ORS 151.216. For purposes of this subsection, compensation of counsel is determined by reference to a schedule of compensation established by the commission.

      (3) The court may not require a person to pay costs under this section unless the person is or may be able to pay the costs. In determining the amount and method of payment of costs, the court shall take account of the financial resources of the person and the nature of the burden that payment of costs will impose.

      (4)(a) A person who has been required to pay costs under this section and who is not in contumacious default in the payment of the costs may at any time petition the court for remission of the payment of costs or any unpaid portion of the costs. If it appears to the satisfaction of the court that payment of the amount due will impose manifest hardship on the person ordered to repay or on the immediate family of the person, or will interfere with the ability of the person to complete an alcohol or drug treatment program, the court may enter a supplemental judgment that remits all or part of the amount due or modifies the method of payment.

      (b) In accordance with ORS 144.089, a person may enter into a written agreement to participate in a community service exchange program as an alternative to paying costs imposed under this section.

      (5) All moneys collected or paid under a money award made pursuant to this section shall be paid into the Criminal Fine Account. If the money award is part of a criminal judgment of conviction, the award is a Type 2, Level II obligation for the purpose of ORS 137.145 to 137.159. [1997 c.761 §2; 2001 c.962 §39; 2003 c.334 §§1,2; 2003 c.449 §§18,19; 2011 c.597 §43; 2015 c.186 §2; 2017 c.522 §2; 2023 c.281 §39]

 

      Note: 151.505 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 151 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

 

CHAPTER 152

[Reserved for expansion]

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Notes of Decisions
Cited in 158 cases (20 in the last 5 years), 1999–2026 · leading case: Bacote v. Johnson
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Bacote v. Johnson (2001) or · cites it 16× “The parties agree that the court was relying on ORS 151.505 1 as authority for ordering petitioner to *31 repay the costs of court-appointed counsel.”
Bacote v. Johnson (2000) orctapp · cites it 32× “*731 On appeal, petitioner argues, inter alia, that the trial court was obligated to make an express "determination on the record [of] whether [petitioner] actually had adequate financial resources to pay" before imposing an award of costs under ORS 151.505. As support for that…”
State v. Pendergrapht (2012) orctapp · cites it 8× “Relying on ORS 151.505 and ORS 161.665, which provide that a court may not require a defendant to pay attorney fees unless the defendant “is or may be able to pay” the fees, defendant argues that the trial court’s requirement that he pay the fees is not supported by the record.”
Antunez v. Lampert (2000) orctapp · cites it 26× “" ORS 151.505 provides the statutory authority to assess attorney fees against petitioner.”
State v. Coverstone (2014) orctapp · cites it 5× “ORS 151.505 and ORS 161.665 were amended in 2011, see Or Laws 2011, ch 597, §§ 43, 44.”
State v. Mickow (2016) orctapp · cites it 5× “Byway of background, two statutes authorize a trial court to order a convicted criminal defendant to repay the costs of court-appointed counsel to the state: ORS 151.505 and ORS 161.665. To invoke that authority, the trial court must make a predicate determination that a…”
Alexander v. Johnson (1999) orctapp · cites it 7× “Petitioner, however, objects on appeal and argues that the trial court erroneously entered a judgment for costs under ORS 151.505. 1 While the trial court did not explicitly identify the statutory authority under which it assessed costs, petitioner correctly notes that ORS 151.”
State v. Ramirez-Hernandez (2014) orctapp · cites it 3× “In his second assignment of error, defendant contends that the trial court erred in imposing attorney fees in the absence of evidence in the record of his ability to pay those fees as required by ORS 151.505(3). Defendant acknowledges that he did not preserve that claim of…”
State v. Eshaia (2012) orctapp · cites it 6× “His sole contention on appeal is that the trial court erred in imposing $400 in attorney fees without a sufficient basis to conclude that he “is or may be able to pay” those fees, as required by ORS 151.505 and ORS 161.665. We conclude that there was a sufficient basis for the…”
State v. Nickerson (2015) orctapp · cites it 5× “*157 In this case, the alleged error — that, in order to impose court-appointed attorney fees under ORS 151.505 and ORS 161.665, there must be evidence in the record that the defendant is or may be able to pay them — is legal error and not reasonably in dispute.”
State v. Wheeler (2015) orctapp · cites it 3× “However, as we noted in Below , the court may, under ORS 151.505 and ORS 161.665, order a defendant to repay, in addition to attorney fees, other defense expenses.”
State v. Hunt (2015) orctapp · cites it 2× “See ORS 151.505(3) (“The court may not require a person to pay costs under this section unless the person is or may be able to pay the costs.”
Show all 158 citing cases →
— Or. Rev. Stat. § 151.505(1) — 10 cases
Antunez v. Lampert (2000) orctapp “" ORS 151.505 provides the statutory authority to assess attorney fees against petitioner.”
Bacote v. Johnson (2000) orctapp “*731 On appeal, petitioner argues, inter alia, that the trial court was obligated to make an express "determination on the record [of] whether [petitioner] actually had adequate financial resources to pay" before imposing an award of costs under ORS 151.505. As support for that…”
Bacote v. Johnson (2001) or “The parties agree that the court was relying on ORS 151.505 1 as authority for ordering petitioner to *31 repay the costs of court-appointed counsel.”
Hernandez-Reyes v. Lampert (2001) orctapp
State v. Willis (2017) orctapp
— Or. Rev. Stat. § 151.505(2) — 4 cases
Bacote v. Johnson (2001) or “The parties agree that the court was relying on ORS 151.505 1 as authority for ordering petitioner to *31 repay the costs of court-appointed counsel.”
Hernandez-Reyes v. Lampert (2001) orctapp
Oviedo v. Johnson (2002) orctapp
State v. Flores (2026) orctapp
— Or. Rev. Stat. § 151.505(3) — 112 cases
State v. Coverstone (2014) orctapp “ORS 151.505 and ORS 161.665 were amended in 2011, see Or Laws 2011, ch 597, §§ 43, 44.”
State v. Ramirez-Hernandez (2014) orctapp “In his second assignment of error, defendant contends that the trial court erred in imposing attorney fees in the absence of evidence in the record of his ability to pay those fees as required by ORS 151.505(3). Defendant acknowledges that he did not preserve that claim of…”
State v. Pendergrapht (2012) orctapp “Relying on ORS 151.505 and ORS 161.665, which provide that a court may not require a defendant to pay attorney fees unless the defendant “is or may be able to pay” the fees, defendant argues that the trial court’s requirement that he pay the fees is not supported by the record.”
State v. Mickow (2016) orctapp “Byway of background, two statutes authorize a trial court to order a convicted criminal defendant to repay the costs of court-appointed counsel to the state: ORS 151.505 and ORS 161.665. To invoke that authority, the trial court must make a predicate determination that a…”
State v. Laune (2020) orctapp
— Or. Rev. Stat. § 151.505(4) — 18 cases
Bacote v. Johnson (2001) or “The parties agree that the court was relying on ORS 151.505 1 as authority for ordering petitioner to *31 repay the costs of court-appointed counsel.”
Antunez v. Lampert (2000) orctapp “" ORS 151.505 provides the statutory authority to assess attorney fees against petitioner.”
Bacote v. Johnson (2000) orctapp “*731 On appeal, petitioner argues, inter alia, that the trial court was obligated to make an express "determination on the record [of] whether [petitioner] actually had adequate financial resources to pay" before imposing an award of costs under ORS 151.505. As support for that…”
State v. Coverstone (2014) orctapp “ORS 151.505 and ORS 161.665 were amended in 2011, see Or Laws 2011, ch 597, §§ 43, 44.”
State v. Pendergrapht (2012) orctapp “Relying on ORS 151.505 and ORS 161.665, which provide that a court may not require a defendant to pay attorney fees unless the defendant “is or may be able to pay” the fees, defendant argues that the trial court’s requirement that he pay the fees is not supported by the record.”
— Or. Rev. Stat. § 151.505(5) — 1 case
Hernandez-Reyes v. Lampert (2001) orctapp
— Or. Rev. Stat. § 151.505(6) — 1 case
McLemore v. Schiedler (2004) orctapp
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