Chapter 151

      151.487

NOTES OF DECISIONS

      Where initial order appointing counsel did not require defendant to pay part or all of cost of counsel, court may not revisit issue at later time. Bailey v. Johnson, 165 Or App 450, 997 P2d 871 (2000), Sup Ct review denied

      Limited judgment ordering criminal defendant to pay portion of appointed counsel costs is civil judgment in special statutory proceeding appealable under ORS 19.205. State v. Shank, 206 Or App 280, 136 P3d 101 (2006)

      Order for payment of appointed counsel costs is not “action” subject to ORS 19.205 requirement that amount in controversy be more than $250. State v. Shank, 206 Or App 280, 136 P3d 101 (2006)

      151.505

NOTES OF DECISIONS

      Prevailing party fees awarded under ORS 20.190 are not “costs” for purposes of requiring that court find defendant able to pay. McLemore v. Schiedler, 192 Or App 358, 85 P3d 344 (2004)

      Court cannot impose fees where record says nothing about whether defendant is or may be able to pay fees. State v. Pendergrapht, 251 Or App 630, 284 P3d 573 (2012)