(2) A determination of financial eligibility shall be made upon the basis of information contained in a detailed financial statement submitted by the person for whom counsel is requested or appointed or, in an appropriate case, by the person’s parent, guardian or custodian. The financial statement shall be in the form prescribed by the Public Defense Services Commission. The form shall contain a full disclosure of all assets, liabilities, current income, dependents and other information required by ORS 135.050 (4) and, in addition, any information required by the commission and state courts as necessary to determine eligibility. The commission shall adopt uniform statewide guidelines and procedures that prescribe how to use the form and determine financial eligibility for appointed counsel.
(3) If at any time after the appointment of counsel the court having jurisdiction of the case finds that the defendant is financially able to obtain counsel, the court may terminate the appointment of counsel. If at any time during criminal proceedings the court having jurisdiction of the case finds that the defendant is financially unable to pay counsel whom the defendant has retained, the court may appoint counsel as provided in this section.
(4) In addition to any criminal prosecution, a civil proceeding may be initiated by any public body that has expended moneys for the defendant’s legal assistance within two years of judgment if the defendant was not qualified for legal assistance in accordance with subsections (1) and (2) of this section. As used in this subsection, "legal assistance" includes legal counsel, transcripts, witness fees and expenses and any other goods or services required by law to be provided to a financially eligible person at state expense under ORS 151.216 and 151.219.
(5) The civil proceeding shall be subject to the exemptions from execution as provided for by law. [1989 c.1053 §13; 1991 c.825 §6; 2001 c.962 §33]
Structure 2021 Oregon Revised Statutes
Volume : 04 - Criminal Procedure, Crimes
Chapter 151 - Public Defenders; Counsel for Financially Eligible Persons
Section 151.010 - Public defender services by county.
Section 151.211 - Definitions for ORS 151.211 to 151.221.
Section 151.213 - Public Defense Services Commission; membership; terms.
Section 151.219 - Public defense services executive director; duties.
Section 151.221 - Status of officers and employees of office of public defense services.
Section 151.225 - Public Defense Services Account.
Section 151.487 - Ability to pay; effect.
Section 151.491 - Authority of person verifying financial eligibility.
Section 151.493 - Release of information by state agency to State Court Administrator.
Section 151.495 - Confidentiality of information obtained by state courts; exceptions.