426.135
Counsel on appeal; costs of appeal.
If a person determined to be a person with mental illness as provided in ORS
426.130, or determined to be an extremely dangerous person with mental illness
under ORS 426.701 or 426.702, appeals the determination or the disposition, and
is determined to be financially eligible for appointed counsel at state
expense, upon request of the person or upon its own motion, the court shall
appoint suitable legal counsel to represent the person. The compensation for
legal counsel and costs and expenses necessary to the appeal shall be
determined and paid by the executive director of the Oregon Public Defense
Commission as provided in ORS 135.055 if the circuit court is the appellate
court or as provided in ORS 138.500 if the Court of Appeals or Supreme Court is
the appellate court. The compensation, costs and expenses shall be paid as
provided in ORS 138.500. [1979 c.867 §12; 1981 s.s. c.3 §134; 1985 c.502 §25;
2001 c.962 §58; 2013 c.715 §§6,17; 2023 c.281 §71]
Notes of Decisions
Cited in
5
cases, 1980–1998 · leading case:
State v. Allison, 877 P.2d 660 (Or. Ct. App. 1994).
State v. Allison, 877 P.2d 660 (Or. Ct. App. 1994).
“ORS 426.135. We reverse and remand. On February 4, 1993, appellant appeared with appointed counsel for a hearing before the court, pursuant to ORS 426.”
State v. Grellert, 925 P.2d 161 (Or. Ct. App. 1996).
“ORS 426.135. We reverse and remand. On appeal, appellant first argues that the trial court erred in not adequately advising him pursuant to ORS 426.”
Matter of Matthews, 613 P.2d 88 (Or. Ct. App. 1980).
“The investigation report can only be introduced in evidence with the express consent of the person.”
State v. Vanderburg, 781 P.2d 1216 (Or. Ct. App. 1989).
· cites it 2× “ORS 426.135 makes the compensation of appointed counsel on appeal in mental commitment cases subject to ORS 138.”
State v. Anderson, 949 P.2d 745 (Or. Ct. App. 1998).
“005(l)(d)(a) and (b); ORS 426.135. We reverse and remand. Appellant argues in his first assignment of error that the court erred in committing him because it failed to inform him of all of his rights.”
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.