2011 Oregon Revised Statutes
ORS Volume 4, Chapters 131 - 170
ORS Chapter 138
138.694 Appointed counsel.
(1) A person described in ORS 138.690 (1) 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 138.690. 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 (1);
(B) The person is innocent of the charge for which the person was convicted or of the conduct that resulted in a mandatory sentence enhancement;
(C) The identity of the perpetrator of the crime or conduct was at issue in the original prosecution or, if the person was documented as having mental retardation prior to the time the crime was committed, should have been at issue; and
(D) 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 138.690.
(2) The court shall grant a petition filed under this section if:
(a) The petitioner complies with the requirements of subsection (1) 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.
(3) When a court grants a petition under this section, the court shall appoint the attorney originally appointed to represent the petitioner in the action that resulted in the conviction unless the attorney is unavailable.
(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]
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