Right to Counsel

NOTE: this is a very complex area of law, especially as it relates to stay-at-home orders issued by the states.  Please read our primer on quarantine/isolation law before reading this specific state law.

___

In general, the Public Health Director or a local health administrator may petition the circuit court for an order authorizing the quarantine or isolation, or continued quarantine or isolation, of a person or group.  Or. Rev. Stat. Ann. § 433.123(1).  "Quarantine" in this context is defined as the "physical separation and confinement of a person or group of persons who have been or may have been exposed to a communicable disease or possibly communicable disease and who do not show signs or symptoms of a communicable disease, from persons who have not been exposed to a communicable disease or possibly communicable disease, to prevent or limit the transmission of the disease to other persons."  Or. Rev. Stat. Ann. § 433.001(11).  "Isolation" is defined as the "...physical separation and confinement of a person or group of persons who are infected or reasonably believed to be infected with a communicable disease or possibly communicable disease from nonisolated persons to prevent or limit the transmission of the disease to nonisolated persons."  Or. Rev. Stat. Ann. § 433.001(7).

Isolation or quarantine of a person or group of persons can be authorized by emergency administrative order or a written ex parte court order, as permitted in Or. Rev. Stat. Ann. § 433.121(1) & (2), but if it is expected to last longer than 72 hours, the Public Health Director or local health administrator must initiate the petition process as outlined in Or. Rev. Stat. Ann. § 433.123 for continued isolation or quarantine.  During a state of public health emergency, where the Public Health Director or local health administrator has detained a person and requests information and the person refuses, the director or administrator may impose a public health measure.  Or. Rev. Stat. Ann. § 433.452.  A public health measure is defined as “...test, medical examination, treatment, isolation, quarantine or other measure imposed on an individual or group of individuals in order to prevent the spread of or exposure to a communicable disease, toxic substance or transmissible agent.” Or. Rev. Stat. Ann. § 433.001(10); Or. Rev. Stat. Ann. § 431A.005(9). 

“A person or group of persons subject to isolation or quarantine or other public health measure pursuant to ORS 433.121 or 433.123 has the right to be represented by legal counsel if the person or group of persons so elects.  If the person or group of persons requests legal counsel and cannot afford counsel, the court shall appoint legal counsel.  If no request for legal counsel is made, the court must appoint legal counsel unless counsel is expressly, knowingly and intelligently refused by the person or the group of persons.  The person or the group of persons may request legal counsel at any time during the period of imposition of the isolation, quarantine or other public health measure.”  Or. Rev. Stat. Ann. § 433.466(1).  Where the court receives multiple petitions to challenge a quarantine or isolation order, the court may consolidate the petitions when, among other considerations, the court determines that the "entire group will be adequately represented in the consolidation."  Or. Rev. Stat. Ann. § 433.136(4).

It is unclear whether quarantine of an entire area (such as a city or the whole state) is authorized, and whether the provisions set out above would apply.