138.145] (Appointment and Waiver of Counsel) ����� 138.310 Notice to court below when executive director of Oregon Public Defense Commission certifies costs, expenses or compensation. When the

138.145]

(Appointment and Waiver of Counsel)

����� 138.310 Notice to court below when executive director of Oregon Public Defense Commission certifies costs, expenses or compensation. When the executive director of the Oregon Public Defense Commission pays costs, expenses or compensation under ORS 138.500 (5) on appeal in a criminal action, the executive director shall notify the court below of the costs, expenses and compensation paid in order that the court below may exercise its discretion under ORS 151.505 or 161.665 (2). [1983 c.763 �14; 1989 c.1053 �10; 1991 c.790 �16; 1997 c.761 �11; 2001 c.962 �69; 2007 c.291 �2; 2023 c.281 �28]

����� 138.410 [Formerly 138.810; repealed by 1967 c.372 �13]

����� 138.420 [Formerly 138.820; repealed by 1967 c.372 �13]

����� 138.430 [Formerly 138.830: repealed by 1967 c.372 �13]

����� 138.440 [Formerly 138.840; 1961 c.480 �1; repealed by 1967 c.372 �13]

����� 138.480 Oregon Public Defense Commission to provide representation for prisoner in proceeding before appellate court. The Supreme Court or the Court of Appeals may, in its discretion, at the request of an individual who is deprived of liberty by a judgment, is without means to retain an attorney and is without the aid of an attorney, direct the Oregon Public Defense Commission to provide representation for the individual in a proceeding before it to test the validity of that judgment. [1963 c.600 �10; 1969 c.198 �69; 2001 c.962 �28; 2023 c.281 �29]

����� 138.490 [1963 c.600 �11; 1969 c.198 �70; 1977 c.752 �5; 1979 c.867 �2; 1981 s.s. c.3 �125; 1985 c.502 �22; 1989 c.1053 �5; 1993 c.33 �302; 2001 c.962 �104; repealed by 2001 c.962 �115]

����� 138.500 Appointment of counsel and furnishing of transcript for appellant without funds; compensation. (1) If a defendant in a criminal action or a petitioner in a proceeding pursuant to ORS 138.510 to 138.680 wishes to appeal from an appealable adverse final order or judgment of a circuit court and if the person is without funds to employ suitable counsel possessing skills and experience commensurate with the nature and complexity of the case for the appeal, the person may request the circuit court from which the appeal is or would be taken to appoint counsel to represent the person on appeal. The following apply to a request under this subsection:

����� (a) The request shall be in writing and shall be made within the time during which an appeal may be taken or, if the notice of appeal has been filed, at any time thereafter. The request shall include a brief statement of the assets, liabilities and income in the previous year of the person unless the court already determined the person to be financially eligible for appointed counsel at state expense for purposes of the specific case, in which instance, the written request need only so indicate. However, if a request relies on a court�s previous determination that the person is financially eligible, the court, in its discretion, may require the person to submit a new statement of assets, liabilities and income.

����� (b) If, based upon a request under paragraph (a) of this subsection, the court finds that petitioner or defendant previously received the services of appointed counsel or currently is without funds to employ suitable counsel for an appeal, the court shall appoint counsel to represent petitioner or defendant on the appeal.

����� (2)(a) Notwithstanding subsection (1) of this section, when a defendant has been sentenced to death, the request for appointed counsel shall be made to the Supreme Court. The Supreme Court shall appoint suitable counsel to represent the defendant on the appeal.

����� (b) After the notice of appeal has been filed, the Court of Appeals has concurrent authority to appoint or substitute counsel or appoint or substitute a legal advisor for the defendant under ORS 138.504.

����� (c) The Supreme Court has concurrent authority to appoint or substitute counsel or appoint or substitute a legal advisor for the defendant under ORS 138.504 in connection with review of a Court of Appeals decision under ORS 2.520.

����� (d) Neither the Court of Appeals nor the Supreme Court may substitute one appointed counsel for another under paragraph (b) or (c) of this subsection except pursuant to the policies, procedures, standards and guidelines of the Oregon Public Defense Commission.

����� (3) Whenever a defendant in a criminal action or a petitioner in a proceeding pursuant to ORS