Petitioner may proceed as a financially eligible person
Source:
Section 138.590 — Petitioner may proceed as a financially eligible person, https://www.oregonlegislature.gov/bills_laws/ors/ors138.html.
Notes of Decisions
Fact that this section requires employment of counsel for indigent petitioners does not, by itself, make Post-Conviction Release Act analogous to furnishing of counsel in criminal cases nor subject petitioners to ORS 161.665, the Recoupment Statute. Hawk v. State of Oregon, 51 Or App 655, 626 P2d 931 (1981)
Where petitioner requests appointment of counsel pursuant to this section, eligibility for appointment must be determined prior to hearing which finally disposes of petition. Rodacker v. State of Oregon, 79 Or App 31, 717 P2d 659 (1986)
Court may not dismiss filing of petition for post-conviction relief that is accompanied by affidavit of indigency and motion for appointment of counsel without first ruling on issue of indigency and appointing counsel if petitioner found to be indigent. Kumar v. Schiedler, 128 Or App 572, 876 P2d 808 (1994)
Petitioner alleging ineffective assistance of post-conviction counsel is not entitled to hearing on motion to replace counsel. Elkins v. Thompson, 174 Or App 307, 25 P3d 376 (2001), Sup Ct review denied
Court only may allow withdrawal of appointed counsel for financially eligible person without substituting another appointed counsel when need for orderly and efficient judicial process requires court to do so. Knox v. Nooth, 244 Or App 57, 260 P3d 562 (2011)
In determining whether existing counsel is “suitable,” court may not require that counsel reveal confidences or engage in behavior oppositional to client. Lopez v. Nooth, 287 Or App 731, 403 P3d 484 (2017)
Section does not require public defense services executive director to pay filing fee for petition by indigent incarcerated petitioner for post-conviction relief. Bohanan v. Amsberry, 297 Or App 739, 444 P3d 515 (2019)
Law Review Citations
68 OLR 271 (1989)
Up to date