151.505���� Authority of court to order repayment of costs related to provision of appointed counsel COUNTY CONTRACT FOR COUNSEL TO FINANCIALLY ELIGIBLE PERSONS ����� 151.010 Public defender s

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

COUNTY CONTRACT FOR COUNSEL TO FINANCIALLY ELIGIBLE PERSONS

����� 151.010 Public defender services by county. (1) The governing body of a county, on behalf of the county, may contract with an attorney, group of attorneys or full-time not-for-profit public defender organization for the provision by the attorney, group of attorneys or organization of services as counsel for financially eligible persons in proceedings in which a court or magistrate has the power to appoint counsel to represent a financially eligible person and the county is required to pay compensation for that representation.

����� (2) A court or magistrate may appoint an attorney who is, or an attorney member of a public defender organization that is, under a contract with a county as provided in this section to represent a financially eligible person in any proceeding in which the court or magistrate has the power to appoint counsel to represent a financially eligible person and the county is required to pay compensation for that representation. [1971 c.432 �1; 1973 c.836 �311; 1985 c.502 �11; 2001 c.962 �32]

����� 151.020 [1971 c.432 �2; repealed by 1985 c.502 �13]

����� 151.030 [1971 c.432 �3; repealed by 1985 c.502 �13]

����� 151.040 [1971 c.432 �4; 1983 c.740 �22; repealed by 1985 c.502 �13]

����� 151.050 [1971 c.432 �5; repealed by 1985 c.502 �13]

����� 151.060 [1971 c.432 �6; repealed by 1985 c.502 �13]

����� 151.070 [1971 c.432 �7; repealed by 1985 c.502 �13]

����� 151.080 [1971 c.432 �8; repealed by 1985 c.502 �13]

����� 151.090 [1971 c.432 �9; repealed by 1985 c.502 �13]

����� 151.150 [1981 s.s. c.3 �117; 1985 c.502 �9; renumbered 151.460]

����� 151.210 [Formerly 138.710; repealed by 2001 c.962 �114]

OREGON PUBLIC DEFENSE COMMISSION

����� 151.211 Definitions for ORS 151.211 to 151.223. For purposes of ORS 151.211 to 151.223:

����� (1) �Appointed counsel� includes trial-level and appellate attorneys who are employees of the Oregon Public Defense Commission, attorneys employed by a nonprofit public defense organization and attorneys 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. [2001 c.962 �1; 2007 c.71 �43; 2023 c.281 ��1,93]

����� Note: 151.211 to 151.225 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 151 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

����� 151.213 Oregon Public Defense Commission; membership; member duties; appointment of executive director. (1) The Oregon Public Defense Commission is established in the executive branch of state government.

����� (2)(a) Nine voting members and four nonvoting members shall be appointed to the commission by the Governor as follows:

����� (A) The Governor shall appoint:

����� (i) One voting member who has been represented by a public defense provider.

����� (ii) Two additional voting members, one of whom has experience as a public defense provider in juvenile delinquency or dependency cases.

����� (iii) Two nonvoting members who are currently employed as public defense providers in this state, one of whom is from an urban area and one of whom is from a rural area.

����� (B) The Governor shall appoint, from among persons recommended by the Chief Justice of the Supreme Court:

����� (i) One voting member who previously served as a judge and who is not currently engaged in judicial functions, including service as a senior judge under ORS 1.300 or in any similar capacity.

����� (ii) Two additional voting members, one of whom has experience as a public defense provider in criminal cases.

����� (C) The Governor shall appoint, from among persons recommended by the President of the Senate:

����� (i) One voting member who is a current dean or faculty member of an Oregon law school.

����� (ii) One nonvoting member who is a member of the Senate at the time of appointment.

����� (D) The Governor shall appoint, from among persons recommended by the Speaker of the House of Representatives:

����� (i) One voting member who has expertise in juvenile law and criminal defense, or who is a juvenile justice or criminal justice reform advocate.

����� (ii) One nonvoting member who is a member of the House of Representatives at the time of appointment.

����� (E) The Governor shall appoint one voting member from among persons jointly recommended by the President of the Senate and the Speaker of the House of Representatives.

����� (b) When recommending and appointing members of the commission, the Governor, Chief Justice, President of the Senate and Speaker of the House of Representatives shall:

����� (A) Consider input from individuals and organizations with an interest in the delivery of public defense services.

����� (B) Consider geographic, racial, ethnic and gender diversity.

����� (C) Ensure that members appointed to the commission have significant experience with issues related to public defense or in the case types subject to representation by public defense providers.

����� (D) Ensure that members appointed to the commission have demonstrated a strong commitment to quality public defense representation.

����� (c) Unless the person is a member of the Legislative Assembly appointed as a nonvoting member of the commission under paragraph (a)(C)(ii) or (a)(D)(ii) of this subsection, the following persons may not be appointed to and may not serve as members of the commission:

����� (A) A prosecuting attorney.

����� (B) A judge, magistrate or other person who performs judicial functions.

����� (C) An employee of a law enforcement agency or the Department of Human Services.

����� (d) A person who is primarily engaged in providing public defense services and who has a financial interest in the delivery of public defense services at the state level may not serve as a voting member of the commission.

����� (e) As used in this subsection, �law enforcement agency� means an entity that employs corrections officers, parole and probation officers, police officers, certified reserve officers or reserve officers, as those terms are defined in ORS