Title 151 · ORS Chapter 151

181A.355. �� (3) The term of a member is four years beginning on the effective date of the Governor�s appointment. A member is eligible for reappointment if qualified for membership at the time of

Citation: ORS 181A.355

Section: 181A.355

181A.355.

�� (3) The term of a member is four years beginning on the effective date of the Governor�s appointment. A member is eligible for reappointment if qualified for membership at the time of reappointment, but may serve no more than two consecutive four-year terms. The Governor may remove any member of the commission at any time for inefficiency, neglect of duty or malfeasance in office. If a vacancy occurs for any cause before the expiration of the term of a member, the Governor shall make an appointment to fill the vacancy, in the same manner as an appointment to a full term, to become immediately effective for the unexpired term.

�� (4) A chairperson and a vice chairperson shall be elected by the voting members of the commission every two years with such functions as the commission may determine. A member is eligible for reelection as chairperson or vice chairperson.

�� (5) A majority of the voting members constitutes a quorum for the transaction of business.

�� (6)(a) All members of the commission shall:

�� (A) Review the policies, procedures, standards and guidelines required by ORS 151.216 and provide input before the approval vote described in paragraph (b) of this subsection.

�� (B) Review the agency request budget of the commission and provide input before the approval vote described in paragraph (b) of this subsection.

�� (C) Meet as needed to carry out the duties described in this subsection.

�� (b) The voting members of the commission shall:

�� (A) Approve by majority vote the policies, procedures, standards and guidelines required by ORS 151.216 before those policies, procedures, standards and guidelines may take effect.

�� (B) Approve by majority vote the agency request budget of the commission before submission to the Oregon Department of Administrative Services.

�� (7) The members of the commission may not:

�� (a) Make any decision regarding the handling of any individual case;

�� (b) Have access to any case file; or

�� (c) Interfere with the executive director or any member of the staff of the executive director in carrying out professional duties involving the legal representation of public defense clients.

�� (8) A member of the commission is entitled to compensation for services as a member, and to expenses, as provided in ORS 292.495.

�� (9)(a) The Governor shall appoint an executive director of the commission after consultation with the commission. The appointment is subject to confirmation by the Senate in the manner prescribed by ORS 171.562 and 171.565. The person appointed as executive director must be well qualified by training and experience to perform the functions of the office.

�� (b) The term of office of the executive director is four years, but the Governor may remove the executive director at any time for just cause.

�� (c) The executive director is eligible for reappointment. Before the expiration of the executive director�s term, the Governor shall either reappoint the executive director or appoint a successor to take office upon the date of the expiration. If there is a vacancy for any cause, the Governor shall make an appointment to become immediately effective for the unexpired term. An appointment or reappointment described in this paragraph is subject to paragraph (a) of this subsection.

�� (d) As used in this subsection, �consultation with the commission� must include, but is not limited to, consulting with the chairperson of the commission prior to the recruitment of a new executive director, allowing the chairperson or another commission member designated by the chairperson to participate in the interview process, and allowing commission members to review and provide comment on the top three candidates prior to the final appointment. [2001 c.962 �2; 2003 c.449 �15; 2021 c.202 �1; 2023 c.281 ��2,77,100; 2025 c.569 ��2,3]

�� Note: See note under 151.211.

�� Note: Section 14 (4), chapter 281, Oregon Laws 2023, provides:

�� Sec. 14. (4) Notwithstanding ORS 151.213 (3), and subject to the provisions of sections 92 (3) and 102 (2) of this 2023 Act, the initial terms of persons appointed as voting members to the Oregon Public Defense Commission under this section shall be staggered as follows:

�� (a) The initial term of one of the voting members described in ORS 151.213 (2)(a)(A), one of the voting members described in ORS 151.213 (2)(a)(B) and the voting member described in ORS 151.213 (2)(a)(E) shall be four years.

�� (b) The initial term of one of the voting members described in ORS 151.213 (2)(a)(A) and the voting member described in ORS 151.213 (2)(a)(C) shall be three years.

�� (c) The initial term of one of the voting members described in ORS 151.213 (2)(a)(B) and the voting member described in ORS 151.213 (2)(a)(D) shall be two years.

�� (d) The initial term of one of the voting members described in ORS 151.213 (2)(a)(A) and one of the voting members described in ORS 151.213 (2)(a)(B) shall be one year. [2023 c.281 �14(4)]

�� Note: Section 102 (2), chapter 281, Oregon Laws 2023, provides:

�� Sec. 102. (2)(a) A person who is a member of the Oregon Public Defense Commission on January 1, 2026, may finish the person�s term as a commission member and is eligible for reappointment, but, beginning January 1, 2026, 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 January 1, 2026, may finish the person�s term as executive director and is eligible for reappointment, but, beginning on January 1, 2026, may be removed by the Governor only for just cause. [2023 c.281 �102(2); 2025 c.569 �1(2)]

�� 151.216 Commission duties; rules. (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 national standards of justice.

�� (b) Adopt policies for public defense providers that:

�� (A) Ensure compensation, resources and caseloads are in accordance with the requirements of the Oregon and United States Constitutions;

�� (B) Ensure funding and resources to support required data collection and training requirements; and

�� (C) 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 membership dues, malpractice insurance and other insurance and other reasonable and usual operating costs.

�� (c) Establish operational and contracting systems that allow for oversight, ensure transparency and stakeholder engagement and promote equity, inclusion and culturally specific representation.

�� (d) Review the caseload policies described in paragraph (b)(A) of this subsection annually, and revise the policies as necessary and at least every four years.

�� (e) Adopt a statewide 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 an agency request budget to the Oregon Department of Administrative Services as described in ORS 291.208.

�� (g) Adopt a compensation plan, classification system and affirmative action plan for the commission that are commensurate with other state agencies.

�� (h) 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 regardless 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;

�� (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 location of eligibility verification and screening personnel pursuant to ORS 151.489 by the State Court Administrator.

�� (j) 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 consistently 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) 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 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 requirement for collection by the commission of data determined by the commission to be qualitatively 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) Develop standard operating expectations 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 Administrative Services for the purpose of supporting state public defense population forecasts and other related 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 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 complexity 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 shall establish continuing legal education requirements for public defense providers who are employed by or contract with the commission that are specific to the subject matter area and practice of each type of court-appointed counsel.

�� (f) The commission and public defense providers 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 eligible 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, including at the trial level in Oregon circuit courts, and shall establish a trial division within the commission consisting of attorneys employed by the commission who are trial-level public defense providers.

�� (5)(a) The commission shall establish, supervise and maintain a panel of qualified counsel who contract with the commission 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.

�� (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 adjustment 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 and private law firms.

�� (b) The commission may enter into contracts with entities that subcontract with other entities or persons for the provision of public defense services.

�� (c) The commission may not enter into a contract or agreement that pays appointed counsel a flat fee per case.

�� (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 Administrator, 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) 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.

�� (11) The commission may adopt rules pursuant to ORS chapter 183. [2001 c.962 ��3,106; 2003 c.449 ��1,2,42; 2005 c.843 �23; 2011 c.708 �20; 2012 c.107 �42; 2017 c.442 �19; 2021 c.202 �2; 2021 c.597 �9; 2023 c.281 ��3,78,94,101; 2025 c.569 ��4,5,6]

�� Note: See note under 151.211.

�� 151.219 Executive director; duties. (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 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.

�� (d) Implement and ensure compliance with contracts, policies, procedures, standards and guidelines adopted by the commission 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).

�� (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, functions 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.

�� (m) Maintain an accurate and current list of all attorneys providing public defense services in this state under the supervision, employment or contractual authority of the commission, and the qualifications for each attorney.

�� (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 expectations for persons and entities providing public defense services. [2001 c.962 ��4,106a; 2003 c.449 ��3,4; 2021 c.597 �10; 2023 c.281 ��4,95; 2025 c.569 ��7,8]

�� Note: See note under 151.211.

�� 151.220 [Formerly 138.740; repealed by 2001 c.962 �114]

�� 151.221 Status of officers and employees of commission. Officers and employees of the Oregon Public Defense Commission are state officers or employees in the exempt service and are not subject to ORS chapter 240. [2003 c.449 �17; 2023 c.281 �5]

�� Note: See note under 151.211.

�� 151.223 Standards and requirements for contracts with subcontracting entities. (1) The Oregon Public Defense Commission may enter into a contract with an entity that subcontracts with other entities or persons for the provision of public defense services only if the entity operates in accordance with standards and requirements established by the commission either through adopted policies or contract language approved by the Department of Justice.

�� (2) The standards and requirements described in subsection (1) of this section must include, but are not limited to:

�� (a) A requirement that the entity have a designated administrator with authority to manage case distribution, address concerns and complaints and serve as the point contact for external matters;

�� (b) A requirement that the entity have defined policies concerning membership structure, including policies on admission criteria, participation expectations and decision-making authority;

�� (c) A requirement that the entity have internal policies and procedures for conflict resolution, ethical compliance and the removal of members due to misconduct or nonparticipation;

�� (d) A requirement that the entity comply with commission oversight, reporting requirements and other applicable policies and procedures of the commission; and

�� (e) A requirement that the entity hold regular meetings among its members or governing body, as appropriate for its size and structure.

�� (3) The standards and requirements described in subsection (1) of this section for an entity with five or more attorney members must additionally include a requirement that the entity have a board of directors or a steering committee with responsibilities that include but are not limited to the following:

�� (a) The approval of entity policies, budgets and initiatives;

�� (b) Ensuring attorney performance and compliance with legal and financial obligations;

�� (c) Oversight of the administrator; and

�� (d) Resolving disputes among members of the entity. [2025 c.569 �10]

�� Note: 151.223 becomes operative July 1, 2027. See section 11, chapter 569, Oregon Laws 2025.

�� Note: See note under 151.211.

�� 151.225 Public Defense Services Account. (1) The Public Defense Services Account is established in the State Treasury, separate and distinct from the General Fund. The Public Defense Services Account is continuously appropriated to the Oregon Public Defense Commission for:

�� (a) Administration and support of the public defense system;

�� (b) Reimbursement of the State Court Administrator under ORS 151.216 (1)(i); and

�� (c) Legal representation of parents and children involved in foster care for which matching funds under 45 C.F.R. 1356.60(c) may be used.

�� (2) The following moneys shall be deposited in the Public Defense Services Account:

�� (a) Moneys received by the commission from the State Court Administrator under ORS 151.216 (1)(i);

�� (b) Moneys received by the Judicial Department under ORS 135.050 (8), 151.487 (1),