(1) A person described in ORS § 138.690 is entitled to counsel during all stages of the proceedings described in ORS § 138.692, 138.696, 138.697 and 138.700.

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Terms Used In Oregon Statutes 138.694

  • Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
  • Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
  • Conviction: A judgement of guilt against a criminal defendant.
  • Person: includes individuals, corporations, associations, firms, partnerships, limited liability companies and joint stock companies. See Oregon Statutes 174.100

(2) A person described in ORS § 138.690 may file a petition in the circuit court in which the judgment of conviction was entered requesting the appointment of counsel at state expense to assist the person in determining whether to file a motion under ORS § 138.692. The petition must be accompanied by:

(a) A completed affidavit of eligibility for appointment of counsel at state expense; and

(b) An affidavit stating that:

(A) The person meets the criteria in ORS § 138.690;

(B) The person is innocent of the charge for which the person was convicted; and

(C) The person is without sufficient funds and assets, as shown by the affidavit required by paragraph (a) of this subsection, to hire an attorney to represent the person in determining whether to file a motion under ORS § 138.692.

(3) The court shall grant a petition filed under this section if:

(a) The petitioner complies with the requirements of subsection (2) of this section; and

(b) It appears to the court that the petitioner is financially unable to employ suitable counsel possessing skills and experience commensurate with the nature and complexity of the matter.

(4) An attorney appointed under this section:

(a) If other than counsel provided pursuant to ORS § 151.460, is entitled to compensation and expenses as provided in ORS § 135.055; or

(b) If counsel provided pursuant to ORS § 151.460, is entitled to expenses as provided in ORS § 135.055. [2001 c.697 § 4; 2007 c.800 § 3; 2015 c.564 § 3; 2019 c.368 § 5]

 

See note under 138.688.

 

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