Oregon Statutes 419A.271 – Appointment of counsel
(1) If a person who is the subject of a record for which expunction under ORS § 419A.261 has been denied or that is eligible for expunction under ORS § 419A.262 wishes to apply for expunction and if the person is without funds to employ suitable counsel possessing skills and experience commensurate with the nature and complexity of the expunction process, the person may request the juvenile court having jurisdiction over the expunction process under ORS § 419A.262 (1) to appoint counsel to represent the person in the expunction proceeding.
Terms Used In Oregon Statutes 419A.271
- Court: means the juvenile court. See Oregon Statutes 419A.004
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Juvenile court: means the court having jurisdiction of juvenile matters in the several counties of this state. See Oregon Statutes 419A.004
- Person: includes individuals, corporations, associations, firms, partnerships, limited liability companies and joint stock companies. See Oregon Statutes 174.100
(2) The juvenile court shall inform a person requesting court-appointed counsel under this section of the person’s right to be represented by suitable counsel possessing skills and experience commensurate with the nature and complexity of the expunction process, to consult with counsel prior to the filing of an application for expunction under ORS § 419A.262 and prior to a hearing on the matter and to have suitable counsel appointed at state expense. Upon request of the person, the juvenile court shall appoint counsel in accordance with the provisions of ORS § 419B.195 and 419B.198 to aid the person in the expunction proceeding, including in the completion of an application for expunction and representation in any hearings on the application for expunction.
(3) When the juvenile court appoints counsel for a person under this section and the person is determined to be entitled to appointment of counsel at state expense, the compensation for counsel and reasonable fees and expenses of investigation, preparation and presentation paid or incurred shall be determined and paid as provided in ORS § 135.055. [2021 c.585 § 4; 2023 c.182 § 8]
JUVENILE JUSTICE POLICY COMMISSION