If a person determined to be a person with mental illness as provided in ORS § 426.130, or determined to be an extremely dangerous person with mental illness under ORS § 426.701 or 426.702, appeals the determination or the disposition, and is determined to be financially eligible for appointed counsel at state expense, upon request of the person or upon its own motion, the court shall appoint suitable legal counsel to represent the person. The compensation for legal counsel and costs and expenses necessary to the appeal shall be determined and paid by the executive director of the Oregon Public Defense Commission as provided in ORS § 135.055 if the circuit court is the appellate court or as provided in ORS § 138.500 if the Court of Appeals or Supreme Court is the appellate court. The compensation, costs and expenses shall be paid as provided in ORS § 138.500. [1979 c.867 § 12; 1981 s.s. c.3 § 134; 1985 c.502 § 25; 2001 c.962 § 58; 2013 c.715 6,17; 2023 c.281 § 71]

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Terms Used In Oregon Statutes 426.135

  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
  • Person: includes individuals, corporations, associations, firms, partnerships, limited liability companies and joint stock companies. See Oregon Statutes 174.100