or 419B.198 (1);

419A.211 or 419B.198 (1);

����� (c) Federal matching funds received under 45 C.F.R. 1356.60(c); and

����� (d) Miscellaneous revenues and receipts of the commission.

����� (3) All gifts, grants or contributions accepted by the commission under ORS 151.216 shall be deposited in a separate subaccount created in the Public Defense Services Account to be used by the commission for the purpose for which the gift, grant or contribution was given or granted. [2001 c.962 ��5,106b; 2011 c.597 �43a; 2012 c.107 �37; 2015 c.27 �14; 2021 c.202 �4; 2021 c.678 ��7,7a; 2023 c.281 �6]

����� Note: See note under 151.211.

����� 151.229 Oregon Public Defense Commission Lawyer Trust Account. (1) The Oregon Public Defense Commission Lawyer Trust Account is established as a trust account in the State Treasury, separate and distinct from the General Fund. Interest earned by the trust account shall be credited to the trust account. All moneys in the trust account are appropriated continuously to and shall be used by the Oregon Public Defense Commission for the sole purpose of making payments on behalf of clients of the commission.

����� (2) The trust account established by this section consists of moneys received by the commission on behalf of clients and temporarily credited to the account prior to the distribution of the moneys on behalf of clients.

����� (3) The commission may establish subaccounts within the trust account when the commission determines that subaccounts are necessary or desirable.

����� (4) The commission shall transfer interest earned on moneys deposited in the trust account or in any of its subaccounts according to rules of professional conduct adopted pursuant to ORS 9.490 governing lawyer trust accounts.

����� (5) Moneys in the trust account are not subject to allotment under ORS 291.234 to 291.260. [2024 c.63 �11]

����� Note: 151.229 was enacted into law by the Legislative Assembly but was 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.

����� 151.230 [Formerly 138.750; 1983 c.740 �23; repealed by 2001 c.962 �114]

����� 151.235 Public defense population forecasts. (1) The Oregon Department of Administrative Services shall issue state public defense population forecasts including, but not limited to, expected populations of adults and juveniles eligible for appointed counsel, to be used by:

����� (a) The Oregon Public Defense Commission, in preparing budget requests or for any other purpose determined necessary by the commission; or

����� (b) Any other state agency concerned with the effect of public defense populations or policy developments on budgeting.

����� (2) The department shall issue state public defense population forecasts on April 15 and October 15 of each year.

����� (3) When the department issues a state public defense population forecast, the forecast must:

����� (a) Discretely identify adult and juvenile populations that are eligible for appointed counsel categorized by either circuit or appellate court;

����� (b) Identify the forecast�s margin of error for adult and juvenile populations; and

����� (c) Attribute growth or decline in the forecast, relative to previously issued forecasts, to specific policies or to specific components of the baseline underlying the forecast.

����� (4) The Oregon Public Defense Commission, the Oregon Criminal Justice Commission, the Judicial Department and, if requested by the Oregon Department of Administrative Services, any other state agency, shall provide the Oregon Department of Administrative Services with any information necessary for the department to prepare the forecasts described in this section.

����� (5) As used in this section, �baseline underlying the forecast� includes population demographics and crime trends. [2023 c.281 �7a]

����� Note: 151.235 was enacted into law by the Legislative Assembly but was 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.

����� Note: Sections 96 and 97, chapter 281, Oregon Laws 2023, provide:

����� Sec. 96. (1)(a) The Oregon Public Defense Commission shall conduct a survey and economic analysis to establish a formula for the commission to use to calculate an hourly pay rate, taking into account overhead expenses, market rates and regional differences in the cost of living, for appointed counsel who are not employees of the commission or a nonprofit public defense organization.

����� (b) The commission may conduct the survey and economic analysis internally or may contract with an outside entity. The survey and economic analysis must be completed and the hourly pay rate calculated no later than July 1, 2025.

����� (c) After the hourly pay rate described in paragraph (a) of this subsection has been calculated, and beginning with contracts entered into on or after July 1, 2027, the hourly pay for appointed counsel who are not employees of the commission or a nonprofit public defense organization may not be lower than that amount.

����� (d) The commission may conduct another survey and economic analysis as described in this subsection to establish a new formula and calculate a new hourly pay rate.

����� (2)(a) By January 1, 2031, at least 20 percent of all appointed counsel at the trial level must be attorneys employed by the Oregon Public Defense Commission.

����� (b) By January 1, 2035, at least 30 percent of all appointed counsel at the trial level must be attorneys employed by the Oregon Public Defense Commission. [2023 c.281 �96]

����� Sec. 97. Section 96 of this 2023 Act is repealed on January 2, 2035. [2023 c.281 �97]

����� Note: Sections 98 and 99, chapter 281, Oregon Laws 2023, provide:

����� Sec. 98. (1) No later than May 15, 2024, the Oregon Public Defense Commission shall provide a comprehensive report on the commission�s plan for providing public defense services in this state to the interim committees of the Legislative Assembly related to the judiciary, in the manner described in ORS 192.245, that includes at least the following information:

����� (a) Financial projections for the commission based on anticipated workload;

����� (b) A description of the commission�s proposed method for providing public defense services based on anticipated workload;

����� (c) The establishment of training and supervision requirements for public defense providers;

����� (d) Steps taken to determine a reasonable hourly rate for appointed counsel who are not employees of the commission or nonprofit public defense organizations that accounts for overhead expenses; and

����� (e) Steps taken to improve oversight and enforcement of statewide objective standards for the provision of public defense.

����� (2) No later than December 1, 2025, and no later than December 1, 2026, the commission shall provide the interim committees of the Legislative Assembly related to the judiciary with an updated version of the report described in subsection (1) of this section.

����� (3) Beginning no later than December 1, 2027, and biennially thereafter until December 1, 2035, the commission shall provide the interim committees of the Legislative Assembly related to the judiciary with an updated version of the report described in subsection (1) of this section. [2023 c.281 �98]

����� Sec. 99. Section 98 of this 2023 Act is repealed on January 2, 2036. [2023 c.281 �99]

����� 151.240 [Formerly 138.760; repealed by 2001 c.962 �114]

����� 151.250 [Formerly 138.770; 1973 c.694 �19; 1987 c.320 �84; 1991 c.724 �26; 1993 c.33 �303; 1995 c.117 �3; repealed by 2001 c.962 �114]

����� 151.260 [Formerly 138.780; repealed by 2001 c.962 �114]

����� 151.270 [Formerly 138.720; repealed by 2001 c.962 �114]

����� 151.280 [Formerly 138.730; 1983 c.740 �24; repealed by 2001 c.962 �114]

����� 151.290 [Formerly 138.790; repealed by 2001 c.962 �114]

����� 151.410 [1985 c.502 �2; repealed by 1987 c.803 �27]

����� 151.420 [1985 c.502 �3; repealed by 1987 c.803 �27]

����� 151.430 [1985 c.502 �5; 1987 c.803 �10; 1995 c.677 �2; 2001 c.962 �109; repealed by 2001 c.962 �115]

����� 151.440 [1985 c.502 �6; repealed by 1987 c.803 �27]

����� 151.450 [1985 c.502 �7; 1987 c.803 �11; 1991 c.724 �27; 1991 c.750 �9; 1993 c.33 �304; 2001 c.480 �13; 2001 c.962 �110; repealed by 2001 c.962 �115]

����� 151.460 [Formerly 151.150; 1987 c.803 �12; 1989 c.1053 �8; 1995 c.677 �3; 2001 c.962 �111; repealed by 2001 c.962 �115]

����� 151.465 [1987 c.803 �9; 1997 c.761 �13; 2001 c.480 �14; repealed by 2001 c.962 �115]

����� 151.470 [1985 c.502 �15; repealed by 1987 c.803 �27]

����� 151.480 [1985 c.502 �18; 2001 c.962 �112; repealed by 2001 c.962 �115]

DETERMINATION OF FINANCIAL ELIGIBILITY

����� 151.485 Financial eligibility; determination; financial statement; termination of appointed counsel. (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 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 economic 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, witness fees and expenses and any other goods or services required by law to be provided to a financially 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. [1989 c.1053 �13; 1991 c.825 �6; 2001 c.962 �33; 2023 c.281 �36]

����� 151.487 Ability to pay; effect. (1) If in determining that a person is financially eligible for appointed counsel under ORS 151.485, the court finds that the person has financial resources that enable the person to pay in full or in part the administrative costs of determining the eligibility of the person and the costs of the legal and other services to be provided at state expense that are related to the provision of appointed counsel, the court shall enter a limited judgment requiring that the person pay to the Public Defense Services Account established by ORS 151.225, through the clerk of the court, the amount that it finds the person is able to pay without creating substantial hardship in providing basic economic necessities to the person or the person�s dependent family. The amount that a court may require the person to pay is subject to the guidelines and procedures issued by the Oregon Public Defense Commission as provided in subsection (4) of this section.

����� (2) Failure to comply with the requirements of a limited judgment entered under this section is not grounds for contempt or grounds for withdrawal by the appointed attorney.

����� (3) Except as authorized in this section, a person, organization or governmental agency may not request or accept a payment or promise of payment for assisting in the representation of a person by appointment.

����� (4) The commission shall promulgate and issue guidelines and procedures:

����� (a) For the determination of persons provided with appointed counsel who have some financial resources to pay in full or in part the administrative, legal and other costs under subsection (1) of this section; and

����� (b) Regarding the amounts persons may be required to pay by a court under subsection (1) of this section.

����� (5) The determination that a person is able to pay or partially able to pay, or that a person no longer has the ability to pay the amount ordered in subsection (1) of this section, is subject to review at any time by the court. [1989 c.1053 �14; 1993 c.33 �305; 1997 c.761 �3; 2001 c.962 �34; 2011 c.597 �42; 2012 c.107 �43; 2023 c.281 �37]

����� 151.489 Personnel to verify financial eligibility. For the purpose of aiding courts in making determinations of financial eligibility for appointed counsel at state expense under ORS 151.485 and 151.487, the State Court Administrator may locate eligibility verification and screening personnel or otherwise arrange for such services in the state trial and appellate courts or other locations and shall prescribe the policies and procedures for their use. [1989 c.1053 �15; 2001 c.962 �35]

����� 151.491 Authority of person verifying financial eligibility. (1) State courts or authorized designees who conduct the verification of the financial statement submitted by a person seeking or having appointed counsel payable at state expense under ORS