(1) If the respondent requests counsel but is determined to be financially eligible for appointed counsel at state expense, the court shall appoint suitable counsel to represent the respondent at state expense.

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(2) If the respondent is not represented by counsel and appears to be unable to request counsel, the court shall appoint suitable counsel to represent the respondent.

(3) Counsel appointed by the court shall be paid compensation, as provided in ORS § 135.055. When the court appoints counsel and the respondent is without sufficient financial means to employ counsel, the compensation for counsel and reasonable expenses of investigation, preparation and presentation paid or incurred shall be determined and paid as provided in ORS § 135.055. [1983 c.460 § 9; 2001 c.962 § 75]