Directs the governing body of each county to coordinate the provision of public defense services within the county.

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83rd OREGON LEGISLATIVE ASSEMBLY--2025 Regular Session
House Bill 2296
Sponsored by Representative MANNIX (Presession filed.)
SUMMARY
The following summary is not prepared by the sponsors of the measure and is not a part of the body thereof subject
to consideration by the Legislative Assembly. It is an editor’s brief statement of the essential features of the
measure as introduced. The statement includes a measure digest written in compliance with applicable readability
standards.
Digest: The Act makes each county in charge of public defense within the county. The Act takes
effect on the 91st day after sine die. (Flesch Readability Score: 81.8).
Directs the governing body of each county to coordinate the provision of public defense services
within the county.
Modifies the duties of the Oregon Public Defense Commission. Directs the commission to de-
velop policies, standards and procedures for the provision of public defense in coordination with the
governing body of each county. Directs the commission to assist the counties in providing public
defense services and to provide funds to counties on a proportionate basis for public defense.
Takes effect on the 91st day following adjournment sine die.
A BILL FOR AN ACT
Relating to public defense; creating new provisions; amending ORS 34.355, 40.225, 125.080, 135.055,
136.603, 138.590, 151.211, 151.216, 151.219, 151.485, 151.493, 161.309, 161.346, 161.365, 181A.010,
419A.211, 419A.252, 419C.380, 419C.535, 426.135, 426.250, 427.265, 427.295 and 433.466 and section
102, chapter 281, Oregon Laws 2023; repealing sections 96 and 97, chapter 281, Oregon Laws
2023; and prescribing an effective date.
Be It Enacted by the People of the State of Oregon:
COUNTY PUBLIC DEFENSE SERVICES PLAN
SECTION 1.
Section 2 of this 2025 Act is added to and made a part of ORS 151.211 to
151.221.
SECTION 2. (1)(a) The governing body of each county shall determine how public defense
services in circuit court proceedings are to be delivered within the county and shall develop
a county public defense services plan in accordance with subsection (2) of this section.
(b) A county may join with other counties in developing the public defense services plan
and delivering public defense services.
(c) The Oregon Public Defense Commission shall assist each county governing body in the
development of a public defense services plan described in this subsection.
(2) The governing body of each county, on behalf of the county, shall enter into contracts
with individual attorneys and private law firms for the provision of public defense services
in circuit courts within the county. Contracts shall be funded using moneys distributed to
the county by the Oregon Public Defense Commission under ORS 151.216.
(3) The governing body of each county shall:
(a) Pay for fees and expenses reasonably associated with representation as provided in
ORS 135.055.
(b) Determine and pay the cost of appointed counsel under ORS 135.055.
NOTE: Matter in boldfaced type in an amended section is new; matter [ italic and bracketed] is existing law to be omitted.
New sections are in boldfaced type.
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(c) Send to the Oregon Public Defense Commission a monthly accounting of fees and
costs paid for public defense services.
(4) The governing body of each county may designate persons as representatives of the
county for the purposes of determining and paying bills submitted to the Oregon Public De-
fense Commission and determining preauthorization for incurring fees and expenses under
ORS 135.055.
(5) The governing body of the county shall, in cooperation with the Oregon Public De-
fense Commission, establish policies and procedures for public defense services within the
county as described in ORS 151.216.
SECTION 3.
ORS 151.211, as amended by section 93, chapter 281, Oregon Laws 2023, is
amended to read:
151.211. For purposes of ORS 151.211 to 151.221:
(1) “Appointed counsel” includes [trial-level and ] appellate attorneys who are employees of the
Oregon Public Defense Commission[ ,] and attorneys [ employed by a nonprofit public defense organ-
ization and attorneys ] who contract with the governing body of a county to provide public de-
fense services, regardless of whether the attorney is on the panel of qualified counsel described
in ORS 151.216 (5) [ who contract with the commission to provide public defense services ].
(2) “Chief Justice” means the Chief Justice of the Supreme Court.
(3) “Commission” means the Oregon Public Defense Commission.
[(4) “Nonprofit public defense organization” means a nonprofit organization that employs attorneys
who provide public defense services. ]
SECTION 4.
ORS 151.216, as amended by sections 78, 94 and 101, chapter 281, Oregon Laws
2023, is amended to read:
151.216. (1) The Oregon Public Defense Commission shall:
[(a) Establish and maintain a public defense system that ensures the provision of public defense
services consistent with the Oregon Constitution, the United States Constitution and Oregon and na-
tional standards of justice. ]
(a) Distribute funds appropriated to the commission by the Legislative Assembly for
public defense services to the governing body of each county, proportionate to the county’s
population, to fund public defense services within the county.
(b) In consultation with the governing body of each county, adopt policies for public defense
providers that:
(A) Ensure compensation, resources and caseloads in each county are in accordance with na-
tional and regional best practices;
(B) [ Ensure] Assist the governing body of each county in ensuring that all public defense
provider contracts provide for compensation that is commensurate with the character of service
performed; and
(C) Ensure funding and resources to support required data collection and training
requirements[ ; and].
[(D) Recognize the need to consider overhead costs that account for the cost of living and business
cost differences in each county or jurisdiction, including but not limited to rent, professional member-
ship dues, malpractice insurance and other insurance and other reasonable and usual operating
costs.]
(c) [ Establish] Assist the governing body of each county in establishing operational and
contracting systems that allow for oversight, ensure transparency and stakeholder engagement and
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promote equity, inclusion and culturally specific representation.
(d) Review the caseload policies described in paragraph (b)(A) of this subsection annually, and ,
in consultation with the governing body of each county, revise the policies as necessary and at
least every four years.
(e) [ Adopt] Assist the governing body of each county in adopting a [ statewide] county
workload plan, based on the caseload policies described in paragraph (b)(A) of this subsection, that
takes into account the needs of each county or jurisdiction, practice structure and type of practice
[overseen by the commission ].
(f) Submit the budget of the commission to the Legislative Assembly after the budget is submit-
ted to the commission by the executive director and approved by the voting members of the com-
mission. The chairperson of the commission shall present the budget to the Legislative Assembly.
(g) Adopt a compensation plan, classification system and affirmative action plan for the em-
ployees of the commission that are commensurate with other state agencies.
(h) In consultation with the governing body of each county, adopt policies, procedures,
standards and guidelines regarding:
(A) The determination of financial eligibility of persons entitled to be represented by appointed
counsel at state expense;
(B) The appointment of counsel, including the appointment of counsel at state expense regard-
less of financial eligibility in juvenile delinquency matters;
(C) The fair compensation of counsel appointed to represent a person financially eligible for
appointed counsel at state expense , in an amount specific to each county ;
(D) Appointed counsel compensation disputes;
(E) The costs associated with the representation of a person by appointed counsel in the state
courts that are required to be paid by the state; and
(F) The types of fees and expenses subject to a preauthorization requirement.
(i) Reimburse the State Court Administrator from funds deposited in the Public Defense Services
Account established by ORS 151.225 for the costs of personnel and other costs associated with lo-
cation of eligibility verification and screening personnel pursuant to ORS 151.489 by the State Court
Administrator.
(j) In consultation with the governing body of each county, develop, adopt and oversee the
implementation, enforcement and modification of policies, procedures, minimum standards and
guidelines to ensure that public defense providers are providing effective assistance of counsel con-
sistently to all eligible persons in this state as required by statute and the Oregon and United States
Constitutions. The policies, procedures, standards and guidelines described in this paragraph apply
to employees of the commission and to any person or entity that contracts with the commission to
provide public defense services in this state.
(k) In consultation with the governing body of each county, set minimum standards by which
appointed counsel are trained and supervised.
(L) Establish a system, policies and procedures for the mandatory collection of data concerning
the operation of the commission and all public defense providers.
(m) [ Enter] Assist the governing body of each county in entering into contracts [ and hire
attorneys] to bring the delivery of public defense services into and maintain compliance with the
minimum policies, procedures, standards and guidelines described in this subsection. [ All contracts
for the provision of public defense services to which the commission is a party must include a re-
quirement for collection by the commission of data determined by the commission to be qualitatively
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necessary for any report required to be submitted to the Legislative Assembly. ]
(n) At least once every two years, report to the interim committees of the Legislative Assembly
related to the judiciary, in the manner provided in ORS 192.245, and to the Governor and Chief
Justice, concerning compliance metrics for the minimum standards described in this subsection and
recommendations for legislative changes.
(o) In consultation with the governing body of each county, develop standard operating ex-
pectations for persons and entities providing public defense services.
(p) In consultation with the Judicial Department, ensure the existence of policies that create a
standardized process for determining and verifying financial eligibility for appointed counsel under
ORS 151.485.
(q) Ensure access to systematic and comprehensive training programs for attorneys for the
purpose of meeting statewide standards set by the commission.
(r) Enter into contracts or interagency agreements with the Oregon Department of Administra-
tive Services for the purpose of supporting state public defense population forecasts and other re-
lated forecasts.
(s) Establish any other policies, procedures, standards and guidelines for the conduct of the
commission’s affairs and promulgate policies necessary to carry out all powers and duties of the
commission.
(2) When establishing the minimum policies, procedures, standards and guidelines described in
this section, the commission and county governing bodies shall adhere to the following principles:
(a) Appointed counsel shall be provided sufficient time and a space where attorney-client
confidentiality is safeguarded for meetings with clients.
(b) The workload of appointed counsel must be controlled to permit effective representation.
Economic disincentives or incentives that impair the ability of appointed counsel to provide effective
assistance of counsel must be avoided. The commission may develop workload controls to enhance
appointed counsel’s ability to provide effective representation.
(c) The ability, training and experience of appointed counsel must match the nature and com-
plexity of the case to which the counsel is appointed.
(d) The same appointed counsel shall continuously represent a client throughout the pendency
of the case and shall appear at every court appearance other than ministerial hearings.
(e) The commission and the governing body of each county shall establish continuing legal
education requirements for public defense providers who are employed by [ or contract with ] the
commission or who contract with a county that are specific to the subject matter area and prac-
tice of each type of court-appointed counsel.
(f) The commission and [ public defense providers ] counties shall systematically review appointed
counsel for efficiency and for effective representation according to commission standards.
(3) The commission shall be organized in a manner for the effective delivery of public defense
services as prescribed by the policies and procedures created pursuant to statute to financially eli-
gible persons and consistent with the budgetary structure established for the commission by the
Legislative Assembly.
(4) The commission shall hire attorneys to serve as appointed counsel in appeals before the
Court of Appeals and the Supreme Court [, including at the trial level in Oregon circuit courts, and
shall establish a trial division within the commission consisting of attorneys employed by the commis-
sion who are trial-level public defense providers ].
(5)(a) The commission [ shall] may establish, supervise and maintain a panel of qualified counsel
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who contract with the [ commission] county and are directly assigned to cases. The commission shall
develop a process for certification of attorneys to the panel with periodic eligibility and case review.
Panel attorneys are not employees of the commission or the county .
(b) The payment of panel counsel[ :]
[(A) May not be lower than the hourly rate established by the commission. ]
[(B) Shall be adjusted to reflect the same percentage amount of any positive cost of living adjust-
ment granted to employees in the management service in other executive branch agencies. ]
[(C)] may not provide a financial conflict of interest or economic incentives or disincentives that
impair an attorney’s ability to provide effective representation.
[(6)(a) The commission may enter into contracts for the provision of public defense services with
nonprofit public defense organizations. ]
[(b) The commission may not enter into a contract or agreement that pays appointed counsel a flat
fee per case. ]
(6) The commission shall assist the governing body of each county in providing public
defense services in the county under section 2 of this 2025 Act.
(7) The policies, procedures, standards and guidelines adopted by the commission must be made
available in an accessible manner to the public on the commission’s website.
(8) Policies, procedures, standards and guidelines adopted by the commission supersede any
conflicting rules, policies or procedures of the Public Defender Committee, State Court Administra-
tor, circuit courts, the Court of Appeals, the Supreme Court and the Psychiatric Security Review
Board related to the exercise of the commission’s administrative responsibilities under this section
and transferred duties, functions and powers as they occur.
(9) The commission may accept gifts, grants or contributions from any source, whether public
or private. However, the commission may not accept a gift, grant or contribution if acceptance
would create a conflict of interest. Moneys accepted under this subsection shall be deposited in the
Public Defense Services Account established by ORS 151.225 and expended for the purposes for
which given or granted.
(10) With the approval of a majority of the voting members of the commission, the commission
may advocate for or against legislation before the Legislative Assembly or policies or budgets being
considered by the Legislative Assembly.
(11) The commission shall request that the Governor include in the Governor’s requested budget,
for each fiscal period, at a minimum, the amount of funds identified by the commission as being
necessary to carry out the duties and activities of the commission.
(12) The commission may adopt rules pursuant to ORS chapter 183.
SECTION 5.
ORS 151.219, as amended by section 95, chapter 281, Oregon Laws 2023, is
amended to read:
151.219. (1) The executive director of the Oregon Public Defense Commission shall:
(a) Designate a deputy director of the commission who serves at the pleasure of the executive
director.
(b) Hire necessary staff for the commission.
(c) Recommend to the commission and to the governing body of each county how to establish
and maintain, in a cost-effective manner, the delivery of legal services to persons entitled to, and,
where applicable, financially eligible for, appointed counsel at state expense under Oregon statutes,
the Oregon Constitution, the United States Constitution and consistent with Oregon and national
standards of justice.
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(d) Implement and ensure compliance with contracts, policies, procedures, standards and guide-
lines adopted by the commission or a county or required by statute.
(e) Prepare and submit to the commission for its approval the biennial budget of the commission.
[(f) Negotiate contracts, as appropriate, for providing legal services to persons eligible for appointed
counsel at state expense in accordance with ORS 151.216 (5) and (6). ]
(f) Coordinate with the governing body of each county for the provision of public defense
services within the county, including assisting with negotiating contracts with public defense
providers.
(g) Employ personnel or contract for services as necessary to carry out the responsibilities of
the executive director and the commission.
(h) Supervise the personnel, operation and activities of the commission.
(i) Provide services, facilities and materials necessary for the performance of the duties, func-
tions and powers of the commission.
(j) Pay the expenses of the commission.
(k) Prepare and submit to the members of the commission an annual report of the activities of
the commission.
(L) Provide for legal representation, advice and consultation for the commission, its members,
the executive director and staff of the commission who require such services or who are named as
defendants in lawsuits arising from their duties, functions and responsibilities. If requested by the
executive director, the Attorney General may also provide for legal representation, advice and
consultation for the commission, its members, the executive director and staff of the commission in
litigation.
(2) The executive director may[ :]
[(a) Designate persons as representatives of the executive director for the purposes of determining
and paying bills submitted to the commission and determining preauthorization for incurring fees and
expenses under ORS 135.055. ]
[(b)] establish an external advisory group to assist in developing the standard operating expec-
tations for persons and entities providing public defense services.
SECTION 6.
ORS 135.055 is amended to read:
135.055. (1) Counsel appointed pursuant to ORS 135.045 or 135.050 shall be paid fair compen-
sation for representation in the case[ :]
[(a)] by the county, subject to the approval of the governing body of the county, in a proceeding
in a county , [ or] justice or circuit court.
[(b) By the executive director of the Oregon Public Defense Commission from funds available for
the purpose, in a proceeding in a circuit court. ]
(2) Except for counsel appointed pursuant to contracts or counsel employed by the Oregon
Public Defense Commission, compensation payable to appointed counsel under subsection (1) of this
section:
(a) In a proceeding in a county or justice court may not be less than $30 per hour.
(b) In a proceeding in a circuit court is subject to the applicable compensation established under
ORS 151.216.
(3)(a) A person determined to be eligible for appointed counsel is entitled to necessary and
reasonable fees and expenses for investigation, preparation and presentation of the case for trial,
negotiation and sentencing. The person or the counsel for the person shall upon written request
secure preauthorization to incur fees and expenses that are necessary and reasonable in the inves-
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tigation, preparation and presentation of the case and that require preauthorization under a policy
of the Oregon Public Defense Commission for that county , including but not limited to travel,
photocopying or other reproduction of documents, necessary costs associated with obtaining the at-
tendance of witnesses for the defense, investigator fees and expenses, expert witness fees and ex-
penses and fees for interpreters and assistive communication devices necessary for the purpose of
communication between counsel and a client or witness in the case. Preauthorization to incur a fee
or expense does not guarantee that a fee or expense incurred pursuant to the preauthorization will
be determined to be necessary or reasonable when the fee or expense is submitted for payment.
(b) In a county or justice court, the request must be in the form of a motion to the court. The
motion must be accompanied by a supporting affidavit that sets out in detail the purpose of the re-
quested expenditure, the name of the service provider or other recipient of the funds, the dollar
amount of the requested expenditure that may not be exceeded without additional authorization and
the date or dates during which the service will be rendered or events will occur for which the ex-
penditure is requested.
(c) In a circuit court, the request must be in the form and contain the information that is re-
quired by the policies, procedures, standards and guidelines of the county and the Oregon Public
Defense Commission. If the [ executive director of the commission ] governing body of the county
denies a request for preauthorization to incur fees and expenses subject to a preauthorization re-
quirement, the person making the request may appeal the decision to the presiding judge of the
circuit court. The presiding judge has final authority to preauthorize incurring fees and expenses
under this paragraph.
(d) Entitlement under subsection (7) of this section to payment for fees and expenses in circuit
court is subject to the policies, procedures, standards and guidelines adopted under ORS 151.216.
Entitlement to payment of fees and expenses subject to a preauthorization requirement is dependent
upon obtaining preauthorization from the court, if the case is in county or justice court, or from the
[executive director of the Oregon Public Defense Commission ] governing body of the county, if the
case is in circuit court, except as otherwise provided in paragraph (c) of this subsection and in the
policies, procedures, standards and guidelines adopted under ORS 151.216. Fees and expenses shall
be paid:
(A) By the county, in respect to a proceeding in a county , [ or] justice or circuit court.
[(B) By the executive director of the commission from funds available for the purpose, in respect
to a proceeding in a circuit court. ]
[(C)] (B) By the city, in respect to a proceeding in municipal court.
(4) Upon completion of all services by the counsel of a person determined to be eligible for ap-
pointed counsel, the counsel shall submit a statement of all necessary and reasonable fees and ex-
penses of investigation, preparation and presentation and, if counsel was appointed by the court, a
statement of all necessary and reasonable fees and expenses for legal representation, supported by
appropriate receipts or vouchers and certified by the counsel to be true and accurate.
(5) In a county or justice court, the total fees and expenses payable under this section must be
submitted to the court by counsel or other providers and are subject to the review of the court. The
court shall certify that such amount is fair reimbursement for fees and expenses for representation
in the case as provided in subsection (6) of this section. Upon certification and any verification as
provided under subsection (6) of this section, the amount of the fees and expenses approved by the
court and not already paid shall be paid by the county.
(6) In a county or justice court, the court shall certify to the administrative authority respon-
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sible for paying fees and expenses under this section that the amount for payment is reasonable and
that the amount is properly payable out of public funds.
(7) In a circuit court, the total fees and expenses payable under this section must be submitted
to and are subject to review by the [ executive director of the Oregon Public Defense Commission ]
governing body of the county . The [ executive director of the commission ] governing body shall
determine whether the amount is necessary, reasonable and properly payable from public funds for
fees and expenses for representation in the case as provided by the policies, procedures, standards
and guidelines of the commission. The [ executive director of the commission ] county shall pay the
amount of the fees and expenses determined necessary, reasonable and properly payable out of
public funds. The court shall provide any information identified and requested by the [ executive di-
rector of the commission ] governing body of the county as needed for audit, statistical or any other
purpose pertinent to ensure the proper disbursement of state funds or pertinent to the provision of
appointed counsel compensated at state expense.
(8) If the [ executive director of the Oregon Public Defense Commission ] governing body of the
county denies, in whole or in part, fees and expenses submitted for review and payment, the person
who submitted the payment request may appeal the decision to the presiding judge of the circuit
court. The presiding judge or the designee of the presiding judge shall review the [ executive
director’s ] governing body’s decision for abuse of discretion. The decision of the presiding judge or
the designee of the presiding judge is final.
(9) The following may not be disclosed to the district attorney prior to the conclusion of a case:
(a) Requests and administrative or court orders for preauthorization to incur fees and expenses
subject to a preauthorization requirement in the investigation, preparation and presentation of the
case; and
(b) Billings for such fees and expenses submitted by counsel or other providers.
(10) Notwithstanding subsection (9) of this section, the total amount of moneys determined to
be necessary and reasonable for fees and expenses subject to a preauthorization requirement may
be disclosed to the district attorney at the conclusion of the trial in the circuit court.
(11) As used in this section unless the context requires otherwise, “counsel” includes a legal
advisor appointed under ORS 135.045.
SECTION 7.
Section 102, chapter 281, Oregon Laws 2023, is amended to read:
Sec. 102. (1)(a) The amendments to ORS 151.211, 151.216 and 151.219 by sections 93 to 95 , [ of
this 2023 Act ] chapter 281, Oregon Laws 2023, become operative on July 1, 2025.
(b) The amendments to ORS 151.213 [ and 151.216] by [ sections 100 and 101 of this 2023 Act ]
section 100, chapter 281, Oregon Laws 2023, become operative on July 1, 2027.
(c) The amendments to ORS 151.216 by section 101, chapter 281, Oregon Laws 2023, be-
come operative on January 1, 2026.
(2)(a) A person who is a member of the Oregon Public Defense Commission on July 1, 2027, may
finish the person’s term as a commission member and is eligible for reappointment, but, beginning
July 1, 2027, may be removed by the Governor only for inefficiency, neglect of duty or malfeasance
in office.
(b) The person serving as executive director of the Oregon Public Defense Commission on July
1, 2027, may finish the person’s term as executive director and is eligible for reappointment, but,
beginning on July 1, 2027, serves at the pleasure of the voting members of the commission.
(3) The Oregon Public Defense Commission, the Oregon Department of Administrative Services
and the Governor may take any action before the operative dates specified in subsection (1) of this
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section that is necessary to enable the commission to exercise, on and after the operative dates
specified in subsection (1) of this section, all of the duties, functions and powers conferred on those
entities by the amendments to ORS 151.211, 151.213, 151.216 and 151.219 by sections 93 to 95, 100
and 101, [ of this 2023 Act ] chapter 281, Oregon Laws 2023 .
SECTION 8.
(1) The amendments to ORS 135.055, 151.211, 151.216 and 151.219 by sections
3 to 6 of this 2025 Act become operative on January 1, 2026.
(2) The Oregon Public Defense Commission and the governing body of a county may take
any action before the operative date specified in subsection (1) of this section that is neces-
sary to enable the commission and county to exercise, on and after the operative date spec-
ified in subsections (1) of this section, all of the duties, functions and powers conferred on
those entities by the amendments to ORS 135.055, 151.211, 151.216 and 151.219 by sections 3
to 6 of this 2025 Act.
SECTION 9. Sections 96 and 97, chapter 281, Oregon Laws 2023, are repealed.
CONFORMING AMENDMENTS
SECTION 10. ORS 34.355 is amended to read:
34.355. If counsel is appointed by a court to represent, in an initial proceeding by habeas corpus
or on appeal as provided in ORS 34.710, a person who is imprisoned or otherwise restrained of lib-
erty by virtue of a charge or conviction of crime and who is determined to be financially eligible
for appointed counsel at state expense, the county shall determine compensation for counsel and
costs and expenses in the proceeding and the executive director of the Oregon Public Defense
Commission shall determine compensation for counsel and costs and expenses of the person [ in the
proceeding or ] on appeal. Compensation for counsel and expenses of the person in an initial pro-
ceeding or in a circuit court on appeal shall be determined and paid as provided in ORS 135.055.
Compensation for counsel and costs and expenses of the person on appeal to the Court of Appeals
or on review by the Supreme Court shall be determined and paid as provided in ORS 138.500. The
compensation and expenses so allowed in an initial proceeding in a county court shall be paid by
the county in which the person was charged or convicted of crime.
SECTION 11.
ORS 40.225 is amended to read:
40.225. (1) As used in this section, unless the context requires otherwise:
(a) “Client” means:
(A) A person, public officer, corporation, association or other organization or entity, either
public or private, who is rendered professional legal services by a law practitioner, or who consults
a law practitioner with a view to obtaining professional legal services from the law practitioner.
(B) A person, public officer, corporation, association or other organization or entity, either
public or private, who consults a legal referral service with a view to obtaining professional legal
services from a law practitioner.
(b) “Confidential communication” means a communication not intended to be disclosed to third
persons other than those to whom disclosure is in furtherance of the rendition of professional legal
services to the client or those reasonably necessary for the transmission of the communication.
(c) “Law practitioner” means a person authorized, or reasonably believed by the client to be
authorized, to practice law in any state or nation.
(d) “Legal referral service” means an entity that, as a regular part of its business, refers po-
tential clients to law practitioners, including but not limited to a public nonprofit entity sponsored
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or operated by the Oregon State Bar.
(e) “Representative of the client” means:
(A) A principal, an officer or a director of the client; or
(B) A person who has authority to obtain professional legal services, or to act on legal advice
rendered, on behalf of the client, or a person who, for the purpose of effectuating legal represen-
tation for the client, makes or receives a confidential communication while acting in the person’s
scope of employment for the client.
(f) “Representative of the law practitioner” means one employed to assist the law practitioner
in the rendition of professional legal services, but does not include a physician making a physical
or mental examination under ORCP 44.
(2) A client has a privilege to refuse to disclose and to prevent any other person from disclosing
confidential communications made for the purpose of facilitating the rendition of professional legal
services to the client:
(a) Between the client or the client’s representative and the client’s law practitioner or a rep-
resentative of the law practitioner;
(b) Between the client’s law practitioner and the law practitioner’s representative or the client’s
legal referral service;
(c) By the client or the client’s law practitioner to a law practitioner representing another in
a matter of common interest;
(d) Between representatives of the client or between the client and a representative of the cli-
ent;
(e) Between law practitioners representing the client; or
(f) Between the client or a representative of the client and a legal referral service.
(3) The privilege created by this section may be claimed by the client, a guardian or conservator
of the client, the personal representative of a deceased client, or the successor, trustee, or similar
representative of a corporation, association, or other organization, whether or not in existence. The
person who was the law practitioner or legal referral service or the law practitioner’s represen-
tative at the time of the communication is presumed to have authority to claim the privilege but
only on behalf of the client.
(4) There is no privilege under this section:
(a) If the services of the law practitioner or legal referral service were sought or obtained to
enable or aid anyone to commit or plan to commit what the client knew or reasonably should have
known to be a crime or fraud;
(b) As to a communication relevant to an issue between parties who claim through the same
deceased client, regardless of whether the claims are by testate or intestate succession or by inter
vivos transaction;
(c) As to a communication relevant to an issue of breach of duty by the law practitioner or legal
referral service to the client or by the client to the law practitioner or legal referral service;
(d) As to a communication relevant to an issue concerning an attested document to which the
law practitioner or legal referral service is an attesting witness; or
(e) As to a communication relevant to a matter of common interest between two or more clients
if the communication was made by any of them to a law practitioner retained or consulted in com-
mon, when offered in an action between any of the clients.
(5) Notwithstanding ORS 40.280, a privilege is maintained under this section for a communi-
cation made to the [ Oregon Public Defense Commission ] governing body of a county for the purpose
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of seeking preauthorization for or payment of fees or expenses under ORS 135.055.
(6) Notwithstanding subsection (4)(c) of this section and ORS 40.280, a privilege is maintained
under this section for a communication that is made to the governing body of a county or the
Oregon Public Defense Commission for the purpose of making, or providing information regarding,
a complaint against a law practitioner providing public defense services.
(7) Notwithstanding ORS 40.280, a privilege is maintained under this section for a communi-
cation ordered to be disclosed under ORS 192.311 to 192.478.
SECTION 12.
ORS 125.080 is amended to read:
125.080. (1) The court may require that a hearing be held on any petition or motion in a pro-
tective proceeding.
(2) A hearing must be held on a petition or motion if the respondent or protected person makes
or files an objection to the petition or motion and the objection is not withdrawn before the time
scheduled for the hearing.
(3) A hearing must be held on a motion to modify a guardian’s powers under ORS 125.323.
(4) The respondent or protected person may appear at a hearing in person or by counsel.
(5) If the hearing is regarding a petition for appointment of a guardian for a vulnerable youth
or a petition involving a vulnerable youth guardianship, the court:
(a) May allow the respondent or protected person, proposed guardian, guardian or any other
witness to appear by telephone, video or other remote technology;
(b)(A) May take testimony from or confer with the respondent or protected person and may ex-
clude from the conference others if the court finds that doing so would be in the best interests of
the respondent or protected person; and
(B) Notwithstanding subparagraph (A) of this paragraph, shall permit any attorney for the re-
spondent or protected person to attend the conference and the conference must be reported;
(c) May not inquire into the nationality or current immigration status of the proposed guardian,
guardian or any other witness; and
(d) May not inquire about any prior immigration status of the respondent or protected person
or about the manner or place in which the respondent or protected person entered the United States
of America.
(6)(a) If the court requires that a hearing be held or a hearing is otherwise required under this
section, the court shall appoint counsel for the respondent or protected person when:
(A) The respondent or protected person requests that counsel be appointed;
(B) An objection is made or filed to the petition or motion by any person;
(C) The court has appointed a visitor under ORS 125.150, 125.160 or 125.605, and the visitor re-
commends appointment of counsel for the respondent or protected person; or
(D) The court determines that the respondent or protected person is in need of legal counsel.
(b) The court is not required to appoint counsel under this subsection if the respondent or pro-
tected person is already represented by counsel or otherwise objects to appointment of counsel.
(7) If the court appoints counsel under subsection (6) of this section:
(a) The court shall order payment of attorney fees and costs from the guardianship or conser-
vatorship estate of the respondent or protected person if sufficient funds exist to pay all or a portion
of the attorney fees and costs due; or
(b) The court may determine that a respondent or protected person is financially eligible for
appointed counsel at state expense and, if so, the compensation for legal counsel and costs and ex-
penses necessary for representation of the respondent or protected person shall be determined and
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paid by the [ executive director of the Oregon Public Defense Commission ] county as provided under
ORS 135.055.
SECTION 13.
ORS 136.603 is amended to read:
136.603. (1)(a) Whenever any person attends any court, grand jury or committing magistrate as
a witness on behalf of the prosecution or of any person accused of a crime upon request of the
district attorney or city attorney or pursuant to subpoena, or by virtue of a recognizance for that
purpose, and it appears that the witness has come from outside the state or that the witness is in-
digent, the court may, by an order entered in its records, direct payment to the witness of such sum
of money as the court considers reasonable for the expenses of the witness. The order of the court,
so entered, is sufficient authority for the payment.
(b) Except as otherwise specifically provided by law, if a witness who is to be paid expenses
pursuant to this subsection:
(A) Attends a grand jury, a circuit court or judge thereof, a judge of a county court or a justice
of the peace, on behalf of the prosecution, payment shall be made by the county.
(B) Attends a municipal court or judge thereof on behalf of the prosecution, payment shall be
made by the city.
(C) Attends a circuit court or judge thereof on behalf of a financially eligible defendant, payment
shall be made by the [ executive director of the Oregon Public Defense Commission ] county.
(D) Attends a judge of the county court or a justice of the peace on behalf of a financially eli-
gible defendant, payment shall be made by the county.
(E) Attends a municipal court or judge thereof on behalf of a financially eligible defendant,
payment shall be made by the city.
(F) Attends any court on behalf of a defendant who is not financially eligible, payment shall be
made by the defendant, and the court shall so order.
(2) In the case of a prisoner of a jurisdiction outside of this state who is required to attend as
a witness in this state, whether for the prosecution or the defense, the sheriff shall be responsible
for transporting the witness to the proper court of this state, and the sheriff shall assume any costs
incurred in connection with the witness while the witness is in the custody of the sheriff. However,
the sheriff and not the witness shall be entitled to the witness fees, mileage and expenses to which
the witness would otherwise be entitled under this section and ORS 136.627 or other applicable law.
SECTION 14.
ORS 138.590 is amended to read:
138.590. (1) Any petitioner who is unable to pay the expenses of a proceeding pursuant to ORS
138.510 to 138.680 or to employ suitable counsel possessing skills and experience commensurate with
the nature of the conviction and complexity of the case for the proceeding may proceed as a finan-
cially eligible person pursuant to this section upon order of the circuit court in which the petition
is filed.
(2) If the petitioner wishes to proceed as a financially eligible person, the person shall file with
the petition an affidavit stating inability to pay the expenses of a proceeding pursuant to ORS
138.510 to 138.680, including, but not limited to, the filing fee required by ORS 138.560, or to employ
suitable counsel for such a proceeding. The affidavit shall contain a brief statement of the
petitioner’s assets and liabilities and income during the previous year. If the circuit court is satisfied
that the petitioner is unable to pay such expenses or to employ suitable counsel, it shall order that
the petitioner proceed as a financially eligible person. If the court finds that a petitioner who has
been sentenced to death is not competent to decide whether to accept or reject the appointment of
counsel, the court shall appoint counsel to represent the petitioner. However, when a circuit court
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orders petitioner’s case transferred to another circuit court as provided in ORS 138.560 (4), the
matter of petitioner’s proceeding as a financially eligible person shall be determined by the latter
court.
(3) If a petitioner who has been sentenced to death qualifies for the appointment of counsel un-
der this section but rejects the appointment, the court shall determine, after a hearing if necessary,
whether the petitioner rejected the offer of counsel and made the decision with an understanding
of its legal consequences. The court shall make appropriate findings on the record.
(4) In the order to proceed as a financially eligible person, the circuit court shall appoint suit-
able counsel to represent petitioner. Counsel so appointed shall represent petitioner throughout the
proceedings in the circuit court. The court may not substitute one appointed counsel for another
except pursuant to the policies, procedures, standards and guidelines of the Oregon Public Defense
Commission.
(5) If counsel appointed by the circuit court determines that the petition as filed by petitioner
is defective, either in form or in substance, or both, counsel may move to amend the petition within
15 days following counsel’s appointment, or within a further period as the court may allow. The
amendment shall be permitted as of right at any time during this period. If appointed counsel be-
lieves that the original petition cannot be construed to state a ground for relief under ORS 138.510
to 138.680, and cannot be amended to state a ground for relief, counsel shall, in lieu of moving to
amend the petition, inform the petitioner and notify the circuit court of counsel’s belief by filing an
affidavit stating the belief and the reasons therefor with the clerk of the circuit court. This affidavit
does not constitute a ground for denying the petition prior to a hearing upon its sufficiency, but the
circuit court may consider the affidavit in deciding upon the sufficiency of the petition at the
hearing.
(6) When a petitioner has been ordered to proceed as a financially eligible person, the expenses
which are necessary for the proceedings upon the petition in the circuit court and the compensation
to appointed counsel for petitioner as provided in this subsection shall be paid by the [ executive di-
rector of the Oregon Public Defense Commission ] county from funds available for the purpose. At the
conclusion of proceedings on a petition pursuant to ORS 138.510 to 138.680, the [ executive director ]
county shall determine and pay, as provided by the policies, procedures, standards and guidelines
of the Oregon Public Defense Commission, the amount of expenses of petitioner and compensation
for the services of appointed counsel in the proceedings in the circuit court.
(7) If the [ executive director of the Oregon Public Defense Commission ] county denies, in whole
or in part, expenses and compensation submitted for review and payment, the person who submitted
the payment request may appeal the decision to the presiding judge of the circuit court. The pre-
siding judge or the designee of the presiding judge shall review the [ executive director’s ] county’s
decision for abuse of discretion. The decision of the presiding judge or the designee of the presiding
judge is final.
(8)(a) When a petitioner has been authorized to proceed as a financially eligible person, all court
fees in the circuit court, except for the filing fee required by ORS 138.560, are waived.
(b) When a petitioner is allowed to file a petition without payment of the fee required by ORS
138.560 due to inability to pay, the fee is not waived but may be drawn from, or charged against,
the petitioner’s trust account if the petitioner is an adult in custody in a correctional facility.
(9) Notwithstanding any other provision of this chapter, a court may not appoint as counsel for
a petitioner who has been sentenced to death a counsel who previously represented the petitioner
at trial or on automatic and direct review in the case resulting in the death sentence unless the
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petitioner and the counsel expressly request continued representation.
SECTION 15.
ORS 151.485 is amended to read:
151.485. (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 a county or 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 eco-
nomic 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, wit-
ness fees and expenses and any other goods or services required by law to be provided to a finan-
cially 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.
SECTION 16.
ORS 151.493 is amended to read:
151.493. (1) Notwithstanding any other provision of law, any state agency as defined in ORS
192.311 that receives a request for release of information from the state courts for the purpose of
verifying the financial eligibility of a person under ORS 151.485 to 151.497 shall release all requested
information to the state court. The court shall forward to the state agency a certification signed by
the person about whom the requested information is sought that authorizes the release of the in-
formation.
(2) Upon its own motion or motion of the governing body of a county or the executive director
of the Oregon Public Defense Commission, a court that has appointed counsel for a person by reason
of financial eligibility may order the release of any information relating to the person’s financial
situation held by any other person.
SECTION 17. ORS 161.309 is amended to read:
161.309. (1) The defendant may not introduce evidence on the issue of insanity under ORS
161.295, unless the defendant:
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(a) Gives notice of intent to do so in the manner provided in subsection (3) of this section; and
(b) Files with the court a report of a psychiatric or psychological evaluation, conducted by a
certified evaluator, in the manner provided in subsection (4) of this section.
(2) The defendant may not introduce in the case in chief expert testimony regarding partial re-
sponsibility or diminished capacity under ORS 161.300 unless the defendant gives notice of intent to
do so in the manner provided in subsection (3) of this section.
(3)(a) A defendant who is required under subsection (1) or (2) of this section to give notice shall
file a written notice of purpose at least 45 days before trial.
(b) Notwithstanding paragraph (a) of this subsection, the court may, for good cause, permit the
defendant to file the notice within 45 days before trial.
(c) If the defendant fails to file notice under this subsection, the defendant may not introduce
evidence for the establishment of a defense under ORS 161.295 or 161.300 unless the court, in its
discretion, permits the evidence to be introduced where just cause for failure to file the notice is
shown.
(4) A defendant who is required under subsection (1) of this section to file a report of a psy-
chiatric or psychological evaluation shall file the report before trial. The report must be based on
an evaluation conducted after the date of the alleged offense and must address the issue of insanity
under ORS 161.295 and the dispositional determination described in ORS 161.325. If the defendant
fails to file a complete report before trial, the defendant may not introduce evidence for the estab-
lishment of a defense under ORS 161.295 unless:
(a) The court, in its discretion, permits the evidence to be introduced when just cause for failure
to file the report is shown; and
(b) If the defendant is charged with a felony, the defendant is tried by a jury.
(5)(a) A court may not accept a plea of guilty except for insanity to a felony unless a report
described in subsection (4) of this section is filed with the court. If the report has not been filed, the
court may order that a psychiatric or psychological evaluation of the defendant be conducted by a
certified evaluator and a report of the evaluation be filed with the court.
(b) When the court orders an evaluation of a financially eligible person under this subsection,
the court shall order the [ executive director of the Oregon Public Defense Commission ] county to pay
a reasonable fee for the evaluation from funds available for that purpose.
(c) A certified evaluator performing an evaluation of a defendant on the issue of insanity under
this subsection is not obligated to evaluate the defendant for fitness to proceed unless, during the
evaluation, the certified evaluator determines that the defendant’s fitness to proceed is drawn in
question.
(6) Prior to accepting a plea of guilty except for insanity to a felony, the court shall inform the
defendant of the possibility that the court may order commitment or conditional discharge after
entry of judgment, and of the maximum total period of commitment or conditional discharge under
ORS 161.327 (7).
(7) As used in this section, “certified evaluator” means a psychiatrist or psychologist who holds
a valid certification under the provisions of ORS 161.392.
SECTION 18.
ORS 161.346 is amended to read:
161.346. (1) When the Psychiatric Security Review Board conducts a hearing under ORS 161.315
to 161.351, the board shall enter an order and make findings in support of the order. If the board
finds that a person under the jurisdiction of the board:
(a) Is no longer affected by a qualifying mental disorder, or, if so affected, no longer presents
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a substantial danger to others, the board shall order the person discharged from commitment and
conditionalrelease.
(b) Is still affected by a qualifying mental disorder and is a substantial danger to others, but can
be controlled adequately if conditionally released with treatment as a condition of release, the board
shall order the person conditionally released as provided in ORS 161.336.
(c) Has not recovered from the qualifying mental disorder, is a substantial danger to others and
cannot adequately be controlled if conditionally released on supervision, the board shall order the
person committed to, or retained in, a state hospital, or if the person is under 18 years of age, a
secure intensive community inpatient facility, for care, custody and treatment.
(2) To assist the board in making the determination described in subsection (1) of this section,
the board may, at any time, appoint a psychiatrist or licensed psychologist to examine the person
and to submit a report to the board. The report must include an opinion as to the mental condition
of the person, whether the person presents a substantial danger to others and whether the person
could be adequately controlled with treatment as a condition of release.
(3) The board may make the determination regarding discharge or conditional release based
upon the written reports submitted pursuant to this section. If any member of the board desires
further information from the examining psychiatrist or licensed psychologist who submitted the re-
port, the board shall summon the person to give testimony. The board shall consider all evidence
available to it that is material, relevant and reliable regarding the issues before the board. The ev-
idence may include but is not limited to the record of trial, the information supplied by the attorney
representing the state or by any other interested party, including the person, and information con-
cerning the person’s mental condition and the entire psychiatric and criminal history of the person.
All evidence of a type commonly relied upon by reasonably prudent persons in the conduct of their
serious affairs shall be admissible at hearings. Testimony shall be taken upon oath or affirmation
of the witness from whom received. The officer presiding at the hearing shall administer oaths or
affirmations to witnesses.
(4) The board shall furnish to the person about whom the hearing is being conducted, the at-
torney representing the person, the Attorney General and the district attorney of the county from
which the person was committed written notice of any hearing pending under this section within a
reasonable time prior to the hearing. The notice shall include:
(a) The time, place and location of the hearing.
(b) The nature of the hearing and the specific action for which a hearing has been requested,
the issues to be considered at the hearing and a reference to the particular sections of the statutes
and rules involved.
(c) A statement of the legal authority and jurisdiction under which the hearing is to be held.
(d) A statement of all rights under subsection (6) of this section.
(5) Prior to the commencement of the hearing, the board shall serve personally or by mail a
written notice to each party as provided in ORS 183.413 (2).
(6) At the hearing, the person about whom the hearing is being held shall have the right:
(a) To appear at all proceedings held pursuant to this section, except for deliberations.
(b) To cross-examine all witnesses appearing to testify at the hearing.
(c) To subpoena witnesses and documents as provided in ORS 161.395.
(d) To be represented by suitable legal counsel possessing skills and experience commensurate
with the nature and complexity of the case, to consult with counsel prior to the hearing and, if fi-
nancially eligible, to have suitable counsel appointed at state expense.
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(e) To examine all information, documents and reports that the board considers. If then available
to the board, the information, documents and reports shall be disclosed to the person so as to allow
examination prior to the hearing.
(7) A record shall be kept of all hearings conducted under ORS 161.315 to 161.351, except for
deliberations.
(8) Upon request of any party, or on motion of the board, the hearing may be continued for a
reasonable period not to exceed 60 days to obtain additional information or testimony or for other
good cause shown.
(9) Within 30 days following the conclusion of the hearing, the board shall provide to the person,
the attorney representing the person, the Attorney General or other attorney representing the state,
if any, written notice of the order entered by the board.
(10) The burden of proof on all issues at hearings under ORS 161.315 to 161.351 shall be by a
preponderance of the evidence.
(11) If the board determines that the person about whom the hearing is being held is financially
eligible, the board shall appoint suitable counsel to represent the person. Counsel so appointed shall
be an attorney who satisfies the minimum standards established by the Oregon Public Defense
Commission under ORS 151.216. The [ executive director of the commission ] county shall determine
and allow fair compensation for counsel appointed under this subsection and the reasonable ex-
penses of the person in respect to the hearing. Compensation payable to appointed counsel shall not
be less than the applicable compensation level established under ORS 151.216. The compensation and
expenses so allowed shall be paid by the [ executive director ] county from funds available for the
purpose.
(12) The Attorney General may represent the state at contested hearings under ORS 161.315 to
161.351 unless the district attorney of the county from which the person was committed elects to
represent the state. The district attorney of the county from which the person was committed shall
cooperate with the Attorney General in securing the material necessary for presenting a contested
hearing. If the district attorney elects to represent the state, the district attorney shall give timely
written notice of such election to the Attorney General, the board and the attorney representing the
person.
SECTION 19.
ORS 161.365 is amended to read:
161.365. (1)(a) When the court has reason to doubt the defendant’s fitness to proceed by reason
of incapacity as described in ORS 161.360, the court may call any witness to assist it in reaching
its decision and, except as provided in paragraph (b) of this subsection, shall order that a community
mental health program director, or the director’s designee, consult with the defendant and with any
local entity that would be responsible for providing community restoration services to the defendant
if the defendant were to be released in the community, to determine whether appropriate community
restoration services are present and available in the community. After the consultation, the program
director or the director’s designee shall provide to the court a copy of the findings resulting from
the consultation.
(b) If the defendant is charged with one or more of the following offenses the court is not re-
quired to, but may in its discretion, order the consultation described in paragraph (a) of this sub-
section:
(A) Aggravated murder;
(B) Murder in any degree;
(C) Attempted aggravated murder;
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(D) Attempted murder in any degree;
(E) Manslaughter in any degree;
(F) Aggravated vehicular homicide;
(G) Arson in the first degree when classified as crime category 10 of the sentencing guidelines
grid of the Oregon Criminal Justice Commission;
(H) Assault in the first degree;
(I) Assault in the second degree;
(J) Kidnapping in the first degree;
(K) Kidnapping in the second degree;
(L) Rape in the first degree;
(M) Sodomy in the first degree;
(N) Unlawful sexual penetration in the first degree;
(O) Robbery in the first degree; or
(P) Robbery in the second degree.
(c) If the court determines the assistance of a psychiatrist or psychologist would be helpful, the
court may:
(A) Order that a psychiatric or psychological examination of the defendant be conducted by a
certified evaluator and a report of the examination be prepared; or
(B) Order the defendant to be committed for the purpose of an examination to a state mental
hospital or other facility designated by the Oregon Health Authority if the defendant is at least 18
years of age, or to a secure intensive community inpatient facility designated by the authority if the
defendant is under 18 years of age. The state mental hospital or other facility may retain custody
of a defendant committed under this paragraph for the duration necessary to complete the exam-
ination of the defendant, not to exceed 30 days. The examination may include a period of observa-
tion.
(d) The court shall provide a copy of any order entered under this subsection to the community
mental health program director or designee and to the state mental hospital or other facility by the
end of the next judicial day.
(2)(a) A defendant committed under subsection (1)(c)(B) of this section shall be transported to
the state mental hospital or other facility for the examination.
(b) At the conclusion of the examination, the superintendent of the state mental hospital or the
superintendent’s designee or the director of the facility may:
(A) Return the defendant to the facility from which the defendant was transported; or
(B) Inform the court and the parties that the defendant requires a hospital level of care due to
the acuity of symptoms of the defendant’s qualifying mental disorder and request that the defendant
remain at the state mental hospital or other facility pending a hearing or order under ORS 161.370.
(3) The report of an examination described in this section must include, but is not necessarily
limited to, the following:
(a) A description of the nature of the examination;
(b) A statement of the mental condition of the defendant;
(c) If the defendant suffers from a qualifying mental disorder, an opinion as to whether the de-
fendant is incapacitated within the description set out in ORS 161.360; and
(d) If the defendant is incapacitated within the description set out in ORS 161.360, a recom-
mendation of treatment and services necessary to allow the defendant to gain or regain capacity,
including whether a hospital level of care is required due to the acuity of symptoms of the
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defendant’s qualifying mental disorder.
(4) Except when the defendant and the court both request to the contrary, the report may not
contain any findings or conclusions as to whether the defendant as a result of a qualifying mental
disorder was subject to the provisions of ORS 161.295 or 161.300 at the time of the criminal act
charged.
(5) If the examination by the certified evaluator cannot be conducted by reason of the unwill-
ingness of the defendant to participate in the examination, the report must so state and must in-
clude, if possible, an opinion as to whether the unwillingness of the defendant was the result of a
qualifying mental disorder affecting fitness to proceed.
(6) The report resulting from the examination of a defendant under this section may be filed
electronically and must be filed with the clerk of the court, who shall cause copies to be delivered
to the district attorney and to counsel for defendant.
(7)(a) When upon motion of the court or a financially eligible defendant, the court has ordered
a psychiatric or psychological examination of the defendant, a county or justice court shall order
the county to pay, a municipal court shall order the city to pay, and a circuit court shall order the
[executive director of the Oregon Public Defense Commission ] county to pay from funds available for
the purpose:
(A) A reasonable fee if the examination of the defendant is conducted by a certified evaluator
in private practice; and
(B) All costs including transportation of the defendant if the examination is conducted by a
certified evaluator in the employ of the Oregon Health Authority or a community mental health
program established under ORS 430.610 to 430.670.
(b) When an examination is ordered at the request or with the acquiescence of a defendant who
is determined not to be financially eligible, the examination shall be performed at the defendant’s
expense. When an examination is ordered at the request of the prosecution, the county shall pay for
the expense of the examination.
(8) The Oregon Health Authority shall establish by rule standards for the consultation described
in subsection (1) of this section.
SECTION 20.
ORS 181A.010 is amended to read:
181A.010. As used in ORS 181A.010 to 181A.350, unless the context requires otherwise:
(1) “Criminal justice agency” means:
(a) The Governor;
(b) Courts of criminal jurisdiction;
(c) The Attorney General;
(d) District attorneys, city attorneys with criminal prosecutorial functions[ ,] and attorney em-
ployees of the Oregon Public Defense Commission [ and nonprofit public defender organizations es-
tablished under contract with the commission ];
(e) Law enforcement agencies;
(f) The Department of Corrections;
(g) The Oregon Youth Authority;
(h) The State Board of Parole and Post-Prison Supervision;
(i) The Department of Public Safety Standards and Training;
(j) The enforcement division of the Oregon Liquor and Cannabis Commission in performing du-
ties related to investigating and enforcing the criminal laws of this state that the commission is
charged to enforce;
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(k) Civilian or community oversight boards, agencies or review bodies designated by a munici-
pality or a law enforcement agency in performing duties related to investigating allegations of offi-
cer misconduct or reviewing police policies and practices;
(L) Regional information systems that share programs to track, identify and remove cross-
jurisdictional criminal and terrorist conspiracies; and
(m) Any other state or local agency with law enforcement authority.
(2) “Criminal offender information” includes records and related data as to physical description
and vital statistics, fingerprints received and compiled for purposes of identifying criminal offenders
and alleged offenders, records of arrests and the nature and disposition of criminal charges, includ-
ing sentencing, confinement, parole and release.
(3) “Department” means the Department of State Police established under ORS 181A.015.
(4) “Deputy superintendent” means the Deputy Superintendent of State Police appointed under
ORS 181A.035.
(5) “Designated agency” means any state, county or municipal government agency where Oregon
criminal offender information is required to implement a federal or state statute, executive order
or administrative rule that expressly refers to criminal conduct and contains requirements or ex-
clusions expressly based on such conduct or for agency employment purposes, licensing purposes or
other demonstrated and legitimate needs when designated by order of the Governor.
(6) “Disposition report” means a form or process prescribed or furnished by the department,
containing a description of the ultimate action taken subsequent to an arrest.
(7) “Law enforcement agency” means:
(a) County sheriffs, municipal police departments, police departments established by a university
under ORS 352.121 or 353.125 and state police;
(b) Other police officers of this state or another state, including humane special agents as de-
fined in ORS 181A.345;
(c) A tribal government as defined in ORS 181A.940 that employs authorized tribal police officers
as defined in ORS 181A.940; and
(d) Law enforcement agencies of the federal government.
(8) “State police” means the sworn members of the state police force appointed under ORS
181A.050.
(9) “Superintendent” means the Superintendent of State Police appointed under ORS 181A.030.
SECTION 21.
ORS 419A.211 is amended to read:
419A.211. (1) If the child, ward, youth, adjudicated youth, parent or guardian is determined to
be entitled to, and, except as provided in subsection (4) of this section, financially eligible for, ap-
pointment of counsel at state expense in an appeal as provided in ORS 419A.200 and 419A.208, the
court, upon request of the person or upon its own motion, shall appoint suitable counsel to represent
the person. Counsel appointed by the court shall be paid compensation determined by the [ executive
director of the Oregon Public Defense Commission ] county as provided in ORS 135.055 if the circuit
court is the appellate court or by the executive director of the Oregon Public Defense Com-
mission as provided in ORS 138.500 if the Court of Appeals or the Supreme Court is the appellate
court. The court may not substitute one appointed counsel for another except pursuant to the poli-
cies, procedures, standards and guidelines of the commission.
(2)(a) When the court appoints counsel to represent the child or ward, it may order the parent,
if able, or guardian of the estate, if the estate is able, to pay to the Public Defense Services Account
established by ORS 151.225, through the clerk of the court, in full or in part the administrative costs
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of determining the ability of the parents or estate to pay for legal services and the costs of the legal
and other services that are related to the provision of appointed counsel.
(b) The test of the parent’s or estate’s ability to pay costs under paragraph (a) of this subsection
is the same test as applied to appointment of counsel for defendants under ORS 151.216. If counsel
is provided at state expense, the court shall apply this test in accordance with the guidelines
adopted by the Oregon Public Defense Commission under ORS 151.485.
(c) If counsel is provided at state expense, the court shall determine the amount the parents or
estate is required to pay for the costs of administrative, legal and other services related to the
provision of appointed counsel in the same manner as this amount is determined under ORS 151.487.
(d) The court’s order of payment is enforceable in the same manner as an order of support under
ORS 419B.408.
(3) When the court appoints counsel under this section at state expense, the compensation for
counsel and costs and expenses necessary to the appeal shall be determined and paid 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 the Supreme Court is the appellate court.
(4) Notwithstanding subsection (1) of this section, a youth or adjudicated youth, or the parent
or guardian of the youth or adjudicated youth, is entitled to court-appointed counsel at state expense
under this section regardless of the financial circumstances of the youth or adjudicated youth or the
parent or guardian of the youth or adjudicated youth. In addition, the court may not order the
youth’s or adjudicated youth’s parent or guardian to pay any part of the administrative costs of
determining the entitlement of the youth, adjudicated youth, parent or guardian to court-appointed
counsel at state expense nor any of the costs of the legal and other services that are related to the
provision of appointed counsel.
SECTION 22.
ORS 419A.252 is amended to read:
419A.252. As used in this section and ORS 419A.253, 419A.255 and 419A.256:
(1) “Person” means an individual, a public body as defined in ORS 174.109 or a tribe that is a
party to a juvenile court proceeding pursuant to ORS 419B.875.
(2) “Prospective appellate attorney” means an attorney designated by the Oregon Public Defense
Commission to potentially represent a child, ward, youth, adjudicated youth or a parent or guardian
of a child, ward, youth or adjudicated youth, in a juvenile case when the case has been referred to
the commission for appeal.
(3) “Public defense provider” means an attorney or a law firm designated by the [ Oregon Public
Defense Commission ] county to potentially represent a child, ward, youth, adjudicated youth or the
parent or guardian of a child, ward, youth or adjudicated youth in a juvenile court proceeding.
(4) “Record of the case” or “record of each case,” whether maintained in paper or electronic
form, includes but is not limited to the following and includes records filed in juvenile court pro-
ceedings commenced before January 1, 2014, when the records are substantially similar to the fol-
lowing:
(a) The summons and other process;
(b) Petitions;
(c) Papers in the nature of pleadings, answers, motions, affidavits and other papers that are filed
with the court, including supporting documentation;
(d) Local citizen review board findings and recommendations submitted under ORS 419A.118 or
419B.367;
(e) Guardianship report summaries filed with the court under ORS 419B.367;
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(f) Orders and judgments of the court, including supporting documentation;
(g) Transcripts under ORS 419A.256;
(h) Exhibits and materials offered as exhibits whether or not received in evidence; and
(i) Other documents that become part of the record of the case by operation of law.
(5) “Supplemental confidential file,” whether maintained in paper or electronic form, includes
reports and other material relating to the child, ward, youth or adjudicated youth’s history and
prognosis, including but not limited to reports filed under ORS 419B.440, and includes similar reports
and other materials filed in juvenile court proceedings commenced before January 1, 2014, that:
(a) Are not or do not become part of the record of the case; and
(b) Are not offered or received as evidence in the case.
SECTION 23.
ORS 419C.380, as amended by section 9, chapter 96, Oregon Laws 2024, is
amended to read:
419C.380. (1) An evaluation ordered under ORS 419C.378 must be conducted by a psychiatrist,
a licensed psychologist or a regulated social worker. If an evaluation is requested, the party at
whose request the evaluation was ordered shall notify the court and other parties of the date, time
and location of the evaluation and the name of the evaluator chosen by the party. A party or the
court may submit written information to the evaluator for consideration. When written information
that has not been provided to the court or an opposing party is submitted to the evaluator, the party
submitting the written information to the evaluator shall provide the written information to the
court and the opposing party.
(2)(a) A county court or justice court shall order the county to pay the fees and costs described
in subsection (3) of this section from funds available for that purpose.
(b) A circuit court shall order the [ executive director of the Oregon Public Defense Commission ]
county to pay the fees and costs described in subsection (3) of this section from funds available for
that purpose.
(3) Pursuant to subsection (2) of this section, the county [ or the executive director of the Oregon
Public Defense Commission ] shall pay:
(a) A reasonable fee to a psychiatrist, licensed psychologist or regulated social worker in private
practice who conducts the evaluation; and
(b) All costs, including transportation of the youth, if the evaluation is conducted by a psychia-
trist, licensed psychologist or regulated social worker employed by the Department of Human Ser-
vices.
(4) If an evaluation is ordered under ORS 419C.378, the county shall pay for the expense of the
evaluation.
(5) After a motion is made by the court or the youth under ORS 419C.378 (3), the state shall
have the right to seek an independent evaluation at its own expense.
(6) A youth may not be removed from the youth’s current placement for the purpose of an
evaluation performed under this section unless:
(a) The youth has been placed in a detention facility as defined in ORS 419A.004 or a youth
correction facility as defined in ORS 420.005; and
(b) The removal is for less than 14 days.
SECTION 24.
ORS 419C.535 is amended to read:
419C.535. (1) The juvenile panel of the Psychiatric Security Review Board shall appoint suitable
counsel to represent a young person about whom a hearing under ORS 419C.532 is being held.
Counsel appointed must be an attorney who satisfies the minimum standards established by the
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Oregon Public Defense Commission under ORS 151.216. The [ executive director of the commission ]
county shall determine and allow fair compensation for counsel appointed under this subsection and
the reasonable expenses of the young person in respect to the hearing. Compensation payable to
appointed counsel may not be less than the applicable compensation level established under ORS
151.216. The [ executive director ] county shall pay compensation and expenses allowed from funds
available for that purpose.
(2) The juvenile panel may not order the young person, parent or guardian of the estate to pay
any part of the administrative costs of appointing counsel for the young person or to pay for the
costs of legal and other services that are related to the provision of appointed counsel.
(3) The Attorney General may represent the state at contested hearings before the juvenile
panel unless the district attorney of the county in which the young person was adjudicated elects
to represent the state. The district attorney of the county in which the young person was adjudi-
cated shall cooperate with the Attorney General in securing the material necessary for presenting
a contested hearing before the juvenile panel. If the district attorney elects to represent the state,
the district attorney shall give timely written notice to the Attorney General, the juvenile panel and
the attorney representing the young person.
SECTION 25.
ORS 426.135 is amended to read:
426.135. 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 ] county as provided in ORS 135.055 if the circuit court is
the appellate court or by the executive director of the Oregon Public Defense Commission as
provided in ORS 138.500 if the Court of Appeals or Supreme Court is the appellate court. The com-
pensation, costs and expenses shall be paid as provided in ORS 138.500.
SECTION 26. ORS 426.250 is amended to read:
426.250. The following is a nonexclusive list of responsibilities for payment of various costs re-
lated to commitment proceedings under this chapter as described:
(1) Any physician or qualified professional recommended by the Oregon Health Authority who
is employed under ORS 426.110 to make an examination as to the mental condition of a person al-
leged to have a mental illness shall be allowed a fee as the court in its discretion determines rea-
sonable for the examination.
(2) Witnesses subpoenaed to give testimony shall receive the same fees as are paid in criminal
cases, and are subject to compulsory attendance in the same manner as provided in ORS 136.567 to
136.603. The attendance of out-of-state witnesses may be secured in the same manner as provided in
ORS 136.623 to 136.637. The party who subpoenas the witness or requests the court to subpoena the
witness is responsible for payment of the cost of the subpoena and payment for the attendance of
the witness at a hearing. When the witness has been subpoenaed on behalf of a person alleged to
have a mental illness who is represented by appointed counsel, the fees and costs allowed for that
witness shall be paid pursuant to ORS 135.055. If the costs of witnesses subpoenaed by the person
are paid as provided under this subsection, the procedure for subpoenaing witnesses shall comply
with ORS 136.570.
(3) If a person with a right to a counsel under ORS 426.100, 426.701 or 426.702 is determined to
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be financially eligible for appointed counsel at state expense, the [ executive director of the Oregon
Public Defense Commission ] county shall determine and pay, as provided in ORS 135.055, the rea-
sonable expenses related to the representation of the person and compensation for legal counsel.
The expenses and compensation so allowed shall be paid by the [ executive director ] county from
funds available for the purpose.
(4) The authority shall pay the costs of expenses incurred under ORS 426.100 by the Attorney
General’s office. Any costs for district attorneys or other counsel appointed to assume responsibility
for presenting the state’s case shall be paid by the county where the commitment hearing is held,
subject to reimbursement under ORS 426.310.
(5) All costs incurred in connection with a proceeding under ORS 426.180, 426.701 or 426.702,
including the costs of transportation, commitment and delivery of the person, shall be paid by the
community mental health program in the county of which the person is a resident. If the person is
not a resident of this state, then the costs incurred in connection with the proceeding shall be paid
by the community mental health program in the county from which the emergency admission was
made.
(6) All costs incurred in connection with a proceeding under ORS 426.180 for the commitment
of a person from a reservation, including the cost of transportation, commitment and delivery of the
person, shall be paid by the governing body of the reservation of which the person is a resident.
SECTION 27.
ORS 427.265 is amended to read:
427.265. (1) At the time that a person who is alleged to have an intellectual disability and to
be in need of commitment for residential care, treatment and training is brought before the court,
the court shall advise the person of the reason for being brought before the court, the nature of the
proceedings and the possible results of the proceedings. The court shall also advise the person of
the right to subpoena witnesses and to suitable legal counsel possessing skills and experience
commensurate with the nature of the allegations and complexity of the case during the proceedings,
and that if the person does not have funds with which to retain suitable legal counsel, the court
shall appoint such legal counsel to represent the person. If the person does not request legal coun-
sel, the legal guardian, relative or friend may request the assistance of legal counsel on behalf of
the person.
(2) If no request for legal counsel is made, the court shall appoint suitable legal counsel.
(3) If the person is unable to afford legal counsel, the court, if the matter is before a county or
justice court, or the [ executive director of the Oregon Public Defense Commission ] county , if the
matter is before the circuit court, shall determine and allow, as provided in ORS 135.055, the rea-
sonable expenses of the person and compensation for legal counsel. The expenses and compensation
so allowed by a county court shall be paid by the county of residence of the person. The expenses
and compensation determined by the [ executive director ] county shall be paid by the [ executive di-
rector] county from funds available for the purpose. In all cases legal counsel shall be present at
the hearing and may examine all witnesses offering testimony, and otherwise represent the person.
(4) The court may, for good cause, postpone the hearing for not more than 72 hours to allow
preparation for the hearing and order the continuation of detention authorized under ORS 427.255
during a postponement, if requested by the person, the legal counsel, guardian of the person, an
examiner or on the court’s own motion.
SECTION 28.
ORS 427.295 is amended to read:
427.295. If a person appeals a commitment order issued under ORS 427.290, the court, upon re-
quest of the person or upon its own motion and upon finding that the person is financially eligible
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for appointed counsel at state expense, shall appoint suitable legal counsel to represent the person.
The compensation for legal counsel and costs and expenses necessary to the appeal shall be deter-
mined and paid by the [ executive director of the Oregon Public Defense Commission ] county as pro-
vided in ORS 135.055 if the circuit court is the appellate court or by the executive director of the
Oregon Public Defense Commission as provided in ORS 138.500 if the Court of Appeals or Su-
preme Court is the appellate court. The compensation, costs and expenses so allowed shall be paid
as provided in ORS 138.500.
SECTION 29.
ORS 433.466 is amended to read:
433.466. (1) A person or group of persons subject to isolation or quarantine or other public
health measure pursuant to ORS 433.121 or 433.123 has the right to be represented by legal counsel
if the person or group of persons so elects. If the person or group of persons requests legal counsel
and cannot afford counsel, the court shall appoint legal counsel. If no request for legal counsel is
made, the court must appoint legal counsel unless counsel is expressly, knowingly and intelligently
refused by the person or the group of persons. The person or the group of persons may request legal
counsel at any time during the period of imposition of the isolation, quarantine or other public
health measure.
(2) If a person is unable to afford legal counsel, the [ executive director of the Oregon Public De-
fense Commission ] county shall determine and pay, as provided in ORS 135.055, the reasonable ex-
penses of the person and compensation for legal counsel appointed to represent the person.
SECTION 30. The amendments to ORS 34.355, 40.225, 125.080, 136.603, 138.590, 151.485,
151.493, 161.309, 161.346, 161.365, 181A.010, 419A.211, 419A.252, 419C.380, 419C.535, 426.135,
426.250, 427.265, 427.295 and 433.466 by sections 10 to 29 of this 2025 Act become operative on
January 1, 2026.
CAPTIONS
SECTION 31. The unit captions used in this 2025 Act are provided only for the conven-
ience of the reader and do not become part of the statutory law of this state or express any
legislative intent in the enactment of this 2025 Act.
EFFECTIVE DATE
SECTION 32. This 2025 Act takes effect on the 91st day after the date on which the 2025
regular session of the Eighty-third Legislative Assembly adjourns sine die.
[25]