Chapter 151 — Public Defenders; Counsel for Financially Eligible Persons
2023 EDITION
PUBLIC DEFENDERS; COUNSEL FOR ELIGIBLE PERSONS
PROCEDURE IN CRIMINAL MATTERS GENERALLY
COUNTY CONTRACT FOR COUNSEL TO FINANCIALLY ELIGIBLE PERSONS
151.010 Public defender services by county
OREGON PUBLIC DEFENSE COMMISSION
151.211 Definitions for ORS 151.211 to 151.221
151.213 Oregon Public Defense Commission; membership; terms; member duties
151.216 Commission duties
151.219 Executive director; duties
151.221 Status of officers and employees of commission
151.225 Public Defense Services Account
151.235 Public defense population forecasts
DETERMINATION OF FINANCIAL ELIGIBILITY
151.485 Financial eligibility; determination; financial statement; termination of appointed counsel
151.487 Ability to pay; effect
151.489 Personnel to verify financial eligibility
151.491 Authority of person verifying financial eligibility
151.493 Release of information by state agency to State Court Administrator
151.495 Confidentiality of information obtained by state courts; exceptions
151.497 “Counsel” defined for ORS 151.485 to 151.497
MISCELLANEOUS
151.505 Authority of court to order repayment of costs related to provision of appointed counsel
(Temporary provisions relating to unrepresented defendant crisis are compiled as notes following ORS 151.505)
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151.020 [1971 c.432 §2; repealed by 1985 c.502 §13]
151.030 [1971 c.432 §3; repealed by 1985 c.502 §13]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 151.221. For purposes of ORS 151.211 to 151.221:
(1) “Chief Justice” means the Chief Justice of the Supreme Court.
(2) “Commission” means the Oregon Public Defense Commission. [2001 c.962 §1; 2007 c.71 §43; 2023 c.281 §1]
Note: The amendments to 151.211 by section 93, chapter 281, Oregon Laws 2023, become operative July 1, 2025. See section 102, chapter 281, Oregon Laws 2023. The text that is operative on and after July 1, 2025, is set forth for the user’s convenience.
151.211. For purposes of ORS 151.211 to 151.221:
(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.
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; terms; member duties. (1) The Oregon Public Defense Commission is established in the judicial branch of state government. Except for the appointment or removal of commission members, the commission and employees of the commission are not subject to the exercise of administrative authority and supervision by the Chief Justice of the Supreme Court as the administrative head of the Judicial Department.
(2)(a) Nine voting members and four nonvoting members shall be appointed to the commission by order of the Chief Justice as follows:
(A) The Chief Justice shall appoint:
(i) One voting member who is a retired judge.
(ii) Two additional voting members, one of whom has experience as a public defense provider in criminal cases.
(B) The Chief Justice shall appoint, from among persons recommended by the Governor:
(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.
(C) The Chief Justice 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 Chief Justice 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 Chief Justice 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 Chief Justice, Governor, 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) 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 181A.355.
(3) The term of a member is four years beginning on the effective date of the order of the Chief Justice appointing the member. 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 Chief Justice may remove any member of the commission at any time for cause. If a vacancy occurs for any cause before the expiration of the term of a member, the Chief Justice 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. If the Chief Justice has not filled a vacancy within 45 days after the vacancy occurs, the remaining voting members of the commission shall, by a majority vote, select a member to fill the vacancy for the remainder of the term. The selected member must meet the requirements for membership described in this section.
(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 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) Appoint, by a two-thirds vote, an executive director for a term of office of four years. The term may be terminated for cause by a majority vote of the voting members after notice and a hearing. When the term of an executive director ends without termination, the voting members of the commission may reappoint the person currently in the position by a majority vote.
(B) Upon the vacancy of the executive director position, immediately designate an acting executive director by a majority vote.
(C) 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.
(D) Approve by majority vote the budget of the commission before submission to the Legislative Assembly.
(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. [2001 c.962 §2; 2003 c.449 §15; 2021 c.202 §1; 2023 c.281 §2]
Note 1: The amendments to 151.213 by section 77, chapter 281, Oregon Laws 2023, become operative January 1, 2025. See section 92, chapter 281, Oregon Laws 2023. The text that is operative from January 1, 2025, until July 1, 2027, is set forth for the user’s convenience.
151.213. (1) The Oregon Public Defense Commission is established in the executive branch of state government. Except for the appointment or removal of commission members, the commission and employees of the commission are not subject to the exercise of administrative authority and supervision by the Governor.
(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 is a retired judge.
(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) 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 181A.355.
(3) The term of a member is four years beginning on the effective date of the Governor’s appointment, but members serve at the pleasure of the Governor. 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. 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 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 budget of the commission before submission to the Legislative Assembly.
(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, 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 executive director serves at the pleasure of the Governor.
(c) Before the expiration of the executive director’s term, the Governor shall appoint a successor to take office upon the date of the expiration. The executive director is eligible for reappointment. If there is a vacancy for any cause, the Governor shall make an appointment to become immediately effective for the unexpired term.
Note 2: The amendments to 151.213 by section 100, chapter 281, Oregon Laws 2023, become operative July 1, 2027. See section 102, chapter 281, Oregon Laws 2023. The text that is operative on and after July 1, 2027, is set forth for the user’s convenience.
151.213. (1) The Oregon Public Defense Commission is established in the executive branch of state government. Except for the appointment or removal of commission members, the commission and employees of the commission are not subject to the exercise of administrative authority and supervision by the Governor.
(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 is a retired judge.
(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) 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 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 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) Appoint an executive director of the commission. The term of office of the executive director is four years, but the executive director serves at the pleasure of the voting members of the commission.
(B) 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.
(C) Approve by majority vote the budget of the commission before submission to the Legislative Assembly.
(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.
Note 3: See second note under 151.211.
Note 4: 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 5: Section 92 (1)(a), chapter 281, Oregon Laws 2023, provides:
Sec. 92. (1)(a) The Oregon Public Defense Commission is transferred from the judicial branch to the executive branch on January 1, 2025. [2023 c.281 §92(1)(a)]
Note 6: Section 92 (3)(a), chapter 281, Oregon Laws 2023, provides:
Sec. 92. (3)(a) A person who is a member of the Oregon Public Defense Commission on January 1, 2025, may finish the person’s term as a commission member and is eligible for reappointment if the person meets the requirements described in ORS 151.213 (2), but, beginning on January 1, 2025, and continuing until July 1, 2027, serves at the pleasure of the Governor. [2023 c.281 §92(3)(a)]
Note 7: Section 102 (2)(a), chapter 281, Oregon Laws 2023, provides:
Sec. 102. (2)(a) A person who is a member of the Oregon Public Defense Commission on July 1, 2027, may finish the person’s term as a commission member and is eligible for reappointment, but, beginning July 1, 2027, may be removed by the Governor only for inefficiency, neglect of duty or malfeasance in office. [2023 c.281 §102(2)(a)]
151.216 Commission duties. (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 national and regional best practices;
(B) Ensure all public defense provider contracts provide for compensation that is commensurate with the character of service performed;
(C) Ensure funding and resources to support required data collection and training requirements; and
(D) 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 the budget of the commission to the Legislative Assembly after the budget is submitted to the commission by the executive director and approved by the voting members of the commission. The Chief Justice of the Supreme Court and the chairperson of the commission shall present the budget to the Legislative Assembly.
(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) Pay invoices submitted to the commission within 45 days of receipt or in accordance with statewide accounting policies established by the Oregon Department of Administrative Services.
(t) 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 may establish a trial division within the commission consisting of attorneys employed by the commission who are trial-level public defense providers.
(5) 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.
(6) 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.
(7) 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. [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]
Note 1: The amendments to 151.216 by section 78, chapter 281, Oregon Laws 2023, become operative January 1, 2025. See section 92, chapter 281, Oregon Laws 2023. The text that is operative from January 1, 2025, until July 1, 2025, is set forth for the user’s convenience.
151.216. (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 national and regional best practices;
(B) Ensure all public defense provider contracts provide for compensation that is commensurate with the character of service performed;
(C) Ensure funding and resources to support required data collection and training requirements; and
(D) 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 the budget of the commission to the Legislative Assembly after the budget is submitted to the commission by the executive director and approved by the voting members of the commission. The chairperson of the commission shall present the budget to the Legislative Assembly.
(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 may establish a trial division within the commission consisting of attorneys employed by the commission who are trial-level public defense providers.
(5) 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.
(6) 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.
(7) 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.
(8) With the approval of a majority of the voting members of the commission, the commission may advocate for or against legislation before the Legislative Assembly or policies or budgets being considered by the Legislative Assembly.
(9) 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.
(10) The commission may adopt rules pursuant to ORS chapter 183.
Note 2: The amendments to 151.216 by section 94, chapter 281, Oregon Laws 2023, become operative July 1, 2025. See section 102, chapter 281, Oregon Laws 2023. The text that is operative from July 1, 2025, until July 1, 2027, is set forth for the user’s convenience.
151.216. (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 national and regional best practices;
(B) Ensure all public defense provider contracts provide for compensation that is commensurate with the character of service performed;
(C) Ensure funding and resources to support required data collection and training requirements; and
(D) 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 the budget of the commission to the Legislative Assembly after the budget is submitted to the commission by the executive director and approved by the voting members of the commission. The chairperson of the commission shall present the budget to the Legislative Assembly.
(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.
(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) With the approval of a majority of the voting members of the commission, the commission may advocate for or against legislation before the Legislative Assembly or policies or budgets being considered by the Legislative Assembly.
(11) 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.
(12) The commission may adopt rules pursuant to ORS chapter 183.
Note 3: The amendments to 151.216 by section 101, chapter 281, Oregon Laws 2023, become operative July 1, 2027. See section 102, chapter 281, Oregon Laws 2023. The text that is operative on and after July 1, 2027, is set forth for the user’s convenience.
151.216. (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 national and regional best practices;
(B) Ensure all public defense provider contracts provide for compensation that is commensurate with the character of service performed;
(C) Ensure funding and resources to support required data collection and training requirements; and
(D) 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 the budget of the commission to the Legislative Assembly after the budget is submitted to the commission by the executive director and approved by the voting members of the commission. The chairperson of the commission shall present the budget to the Legislative Assembly.
(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.
(b) 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) With the approval of a majority of the voting members of the commission, the commission may advocate for or against legislation before the Legislative Assembly or policies or budgets being considered by the Legislative Assembly.
(11) 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.
(12) The commission may adopt rules pursuant to ORS chapter 183.
Note 4: See second 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.
(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.
(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]
Note: The amendments to 151.219 by section 95, chapter 281, Oregon Laws 2023, become operative July 1, 2025. See section 102, chapter 281, Oregon Laws 2023. The text that is operative on and after July 1, 2025, is set forth for the user’s convenience.
151.219 (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.
(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.
Note: See second note under 151.211.
Note: Section 14 (3)(a), chapter 281, Oregon Laws 2023, provides:
Sec. 14. (3)(a) Notwithstanding ORS 151.213 (6)(b), and subject to the provisions of sections 92 (3) and 102 (2) of this 2023 Act, on January 1, 2024, the public defense services executive director shall begin a four-year term as executive director of the Oregon Public Defense Commission, and is subject to termination or reappointment as described in ORS 151.213 (6)(b). [2023 c.281 §14(3)(a)]
Note: Section 92 (3)(b), chapter 281, Oregon Laws 2023, provides:
Sec. 92. (3)(b) The person serving as executive director of the Oregon Public Defense Commission on January 1, 2025, may finish the person’s term as executive director and is eligible for reappointment, but, beginning on January 1, 2025, and continuing until July 1, 2027, serves at the pleasure of the Governor. [2023 c.281 §92(3)(b)]
Note: Section 102 (2)(b), chapter 281, Oregon Laws 2023, provides:
Sec. 102. (2)(b) The person serving as executive director of the Oregon Public Defense Commission on July 1, 2027, may finish the person’s term as executive director and is eligible for reappointment, but, beginning on July 1, 2027, serves at the pleasure of the voting members of the commission. [2023 c.281 §102(2)(b)]
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 second 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), 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 second note under 151.211.
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 151.216 and 151.219 may require the person to execute and deliver any written requests or authorizations as may be necessary under applicable law to provide the state court or authorized designee with access to records of public or private source, otherwise confidential, as may be needed to evaluate eligibility.
(2) In performing the verification duties under subsection (1) of this section, the state courts are authorized to obtain information from any public record office of the state or of any subdivision or agency of the state upon request and without payment of any fees ordinarily required by law. [1989 c.1053 §16; 2001 c.962 §36]
151.493 Release of information by state agency to State Court Administrator. (1) Notwithstanding any other provision of law, any state agency as defined in ORS 192.311 that receives a request for release of information from the state courts for the purpose of verifying the financial eligibility of a person under ORS 151.485 to 151.497 shall release all requested information to the state court. The court shall forward to the state agency a certification signed by the person about whom the requested information is sought that authorizes the release of the information.
(2) Upon its own motion or motion of the executive director of the Oregon Public Defense Commission, a court that has appointed counsel for a person by reason of financial eligibility may order the release of any information relating to the person’s financial situation held by any other person. [1991 c.825 §4; 2001 c.962 §37; 2023 c.281 §38]
151.495 Confidentiality of information obtained by state courts; exceptions. (1) All information supplied by a person seeking appointed counsel and all information collected by the state courts for purposes of determining financial eligibility for appointed counsel under ORS 151.485 to 151.497 is confidential and shall not be used for any purpose other than determining financial eligibility.
(2) Notwithstanding subsection (1) of this section, information supplied by a person seeking appointed counsel and information collected by the state courts for purposes of determining financial eligibility may be:
(a) Introduced in a proceeding, criminal or civil, arising out of a determination that a person is not financially eligible for appointed counsel;
(b) Introduced in a proceeding, criminal or civil, arising as a result of an allegation that a person has supplied false information in seeking appointed counsel;
(c) Used by the court in a sentencing proceeding resulting from the defendant’s conviction on the matter for which the information was provided or collected; and
(d) Used by the court, the Department of Revenue, or the assignees of the court or the Department of Revenue, for the purpose of collecting delinquent amounts owed to this state by the person. [1991 c.825 §5; 1997 c.761 §4; 2001 c.962 §38]
151.497 “Counsel” defined for ORS 151.485 to 151.497. As used in ORS 151.485 to 151.497 unless the context requires otherwise, “counsel” includes a legal advisor appointed under ORS 135.045. [2001 c.472 §10]
MISCELLANEOUS
151.505 Authority of court to order repayment of costs related to provision of appointed counsel. (1) At the conclusion of a case or matter in which the first accusatory instrument or petition in the trial court was filed after January 1, 1998, and in which the court appointed counsel to represent a person, a trial, appellate or post-conviction court may include in its judgment a money award requiring that the person repay in full or in part the administrative costs of determining the eligibility of the person for appointed counsel, and the costs of the legal and other services that are related to the provision of appointed counsel, that have not previously been required to be paid under a limited judgment entered under ORS 151.487. An award under this section is a monetary obligation payable to the state.
(2) Costs that may be included in a money award under this section include a reasonable attorney fee for counsel appointed to represent the person and a reasonable amount for expenses authorized under ORS 135.055. A reasonable attorney fee is presumed to be a reasonable number of hours at the hourly rate authorized by the Oregon Public Defense Commission under ORS 151.216. For purposes of this subsection, compensation of counsel is determined by reference to a schedule of compensation established by the commission.
(3) The court may not require a person to pay costs under this section unless the person is or may be able to pay the costs. In determining the amount and method of payment of costs, the court shall take account of the financial resources of the person and the nature of the burden that payment of costs will impose.
(4)(a) A person who has been required to pay costs under this section and who is not in contumacious default in the payment of the costs may at any time petition the court for remission of the payment of costs or any unpaid portion of the costs. If it appears to the satisfaction of the court that payment of the amount due will impose manifest hardship on the person ordered to repay or on the immediate family of the person, or will interfere with the ability of the person to complete an alcohol or drug treatment program, the court may enter a supplemental judgment that remits all or part of the amount due or modifies the method of payment.
(b) In accordance with ORS 144.089, a person may enter into a written agreement to participate in a community service exchange program as an alternative to paying costs imposed under this section.
(5) All moneys collected or paid under a money award made pursuant to this section shall be paid into the Criminal Fine Account. If the money award is part of a criminal judgment of conviction, the award is a Type 2, Level II obligation for the purpose of ORS 137.145 to 137.159. [1997 c.761 §2; 2001 c.962 §39; 2003 c.334 §§1,2; 2003 c.449 §§18,19; 2011 c.597 §43; 2015 c.186 §2; 2017 c.522 §2; 2023 c.281 §39]
Note: 151.505 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.
(Temporary provisions relating to unrepresented defendant crisis)
Note: Sections 103, 104, 107 and 108, chapter 281, Oregon Laws 2023, provide:
Sec. 103. The Legislative Assembly finds that:
(1) Oregonians accused of a crime are entitled, under the Sixth and Fourteenth Amendments of the United States Constitution, and Article I, section 11, of the Oregon Constitution, to have an attorney provided at government expense whenever the person is facing the potential loss of liberty and is unable to afford an attorney.
(2) The current unrepresented defendant crisis represents a threat to the constitutional rights of Oregonians and must be resolved. [2023 c.281 §103]
Sec. 104. (1)(a) The presiding judge of each judicial district shall immediately develop and implement a coordinated public safety unrepresented defendant crisis plan, and submit the plan to the Oregon Criminal Justice Commission, as soon as practicable and no later than September 1, 2023.
(b) The plan described in this subsection must first prioritize the resolution of the cases of unrepresented defendants who are in custody, and then the cases of unrepresented defendants who are out of custody.
(2) The presiding judge of a judicial district with a total population of over 100,000 shall immediately convene a crisis team to assist in the development of the plan and to coordinate the implementation of the plan described in subsection (1) of this section. The team shall be composed of at least the following persons:
(a) The presiding judge of the judicial district;
(b) District attorneys within the judicial district; and
(c) The public defense services executive director, or the director’s designee.
(3) The Chief Justice of the Supreme Court may issue orders related to resolving the unrepresented defendant crisis.
(4) The presiding judge of a judicial district may enter standing orders related to resolving the unrepresented defendant crisis that are consistent with the orders of the Chief Justice described in subsection (3) of this section and the plan of the judicial district described in subsection (1) of this section. [2023 c.281 §104]
Sec. 107. All agencies of state government, as defined in ORS 174.111, are directed to assist the presiding judges of judicial districts, the Public Defense Services Commission and the Oregon Criminal Justice Commission in the performance of their duties under sections 104 to 106 of this 2023 Act and, to the extent permitted by laws relating to confidentiality, to furnish such information and advice to the judges and commissions necessary to perform their duties. [2023 c.281 §107]
Sec. 108. Sections 103 to 107 of this 2023 Act are repealed on June 30, 2025. [2023 c.281 §108]
CHAPTER 152
[Reserved for expansion]
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