Oregon Statutes 135.045 – Court appointment of counsel; waiver of counsel; appointment of legal advisor
(1)(a) If the defendant in a criminal action appears without counsel at arraignment or thereafter, the court shall determine whether the defendant wishes to be represented by counsel.
Terms Used In Oregon Statutes 135.045
- Arraignment: A proceeding in which an individual who is accused of committing a crime is brought into court, told of the charges, and asked to plead guilty or not guilty.
- Capital offense: A crime punishable by death.
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
(b) If the defendant does wish to be represented by counsel, the court, in accordance with ORS § 135.050, shall appoint counsel to represent the defendant.
(c) If the defendant wishes to waive counsel, the court shall determine whether the defendant has made a knowing and voluntary waiver of counsel. The court shall accept the waiver of counsel if the defendant is not charged with a capital offense. The court may decline to accept the waiver of counsel if the defendant is charged with a capital offense.
(d) If the court accepts a defendant’s waiver of counsel, the court may allow an attorney to serve as the defendant’s legal advisor and may, in accordance with ORS § 135.050, appoint an attorney as the defendant’s legal advisor.
(2) Appointment of counsel, including a legal advisor, under this section is subject to ORS § 135.050, 135.055 and 151.485 to 151.497. [Formerly 135.320; 1987 c.803 § 13; 1989 c.171 § 16; 1989 c.1053 § 1a; 1991 c.790 § 11; 2001 c.472 § 1; 2001 c.962 § 24]