Oregon

This page provides a breakdown of all major developments and right to counsel law that the NCCRC knows for this state, sorted by subject area. Click on either tab below to see the aspect it describes.

Color Key Explanation
Categorical Right To Counsel There is a right to counsel without qualification for all indigent individuals in this type of case (except that the individual may be required to request counsel).
Discretionary Appointment Of Counsel Courts are permitted but not required to appoint counsel for any indigent individual in this type of case. A request may be required.
Right Or Appointment Is Qualified The established right to counsel or discretionary appointment of counsel is limited in some way, including: the only authority comes from a lower/intermediate court decision or a city government, not a high court or state legislature; a case has cast doubt on prior authority; a statute is ambiguous; or the right or discretionary appointment is not for all individuals or proceedings within that type of case.
No Such Proceeding This state has no law creating a judicial proceeding of this type.
None While this state does not provide for or require appointment of counsel with respect to the given subject area, it does have something (such as a report or bar policy) that supports the right to or appointment of counsel for this subject area.
Other Because the "Other subject areas” category can include developments from different subject areas that do not work the same way as each other, a blanket categorization of this category is not possible.

Abuse/Neglect/Dependency - Accused Parents

Legislation

Key_development Question_mark

Discretionary appointment of counsel

A court may appoint counsel for a parent in abuse/neglect cases.

Appointment of Counsel: discretionary Qualified: no

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Abuse/Neglect/Dependency - Children

Legislation

Key_development Question_mark

Right to counsel

Children in abuse/neglect cases have a right to counsel upon request.

Appointment of Counsel: categorical Qualified: no

Read more about this

Adult Protective Proceedings - Proposed Ward

Legislation

Key_development Question_mark

Discretionary appointment of counsel

The court has discretion to appoint counsel for a respondent or protected person in an adult protective proceeding.

Appointment of Counsel: discretionary Qualified: no

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All Basic Human Needs

Legislation

Key_development Question_mark

Discretionary appointment of counsel

The Oregon Attorney General has said a court may appoint counsel for any litigant with disabilities as a reasonable accommodation.

Appointment of Counsel: discretionary Qualified: yes

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Benefits - Claimant

Litigation

Key_development Question_mark

Discretionary appointment of counsel

The Oregon Court of Appeals adopted a case-by-case approach to appointing counsel in admin proceedings for benefits under the constitution.

Appointment of Counsel: discretionary Qualified: yes

Read more about this

Bypass of Parental Input into Abortion - Minor

Legislation

No such proceeding

There is no requirement that a minor obtain parental input prior to having an abortion.

Civil Contempt in Family Court

Legislation

Key_development Question_mark

Right to counsel

An indigent defendant is entitled to counsel in civil contempt proceedings.

Appointment of Counsel: categorical Qualified: no

Read more about this

Civil Commitment - Subject of Petition

Legislation

Key_development Question_mark

Right to counsel

There is a right to counsel for the indigent subject of a civil commitment proceeding.

Appointment of Counsel: categorical Qualified: no

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Litigation

Right to counsel

An appellate court found a 14th Amendment due process right to counsel in civil commitment proceedings.

Appointment of Counsel: categorical Qualified: yes

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Custody Disputes - Children

Legislation

Key_development Question_mark

Right to counsel

The court must appoint counsel upon request for children in a variety of private custody proceedings.

Appointment of Counsel: categorical Qualified: no

Read more about this

Guardianship/Conservatorship of Adults - Ward

Legislation

Legislation (dead): adult guardianships

01/17/2017

These bills would have provided a right to counsel for prospective adult wards in guardianship proceedings.

 

Nccrc_involvement_icon The NCCRC submitted testimony in support of these bills.

Read more about this

Key_development Question_mark

Discretionary appointment of counsel

A court may appoint counsel for subjects of a guardianship proceeding.

Appointment of Counsel: discretionary Qualified: no

Read more about this

Incarceration for Fees/Fines (incomplete)

Legislation

Key_development Question_mark

Right to counsel

An indigent defendant is entitled to counsel in civil contempt proceedings.

Appointment of Counsel: categorical Qualified: yes

Read more about this

Paternity - Defendant/Respondent

Litigation

Key_development Question_mark

Discretionary appointment of counsel

An appellate court adopted a case-by-case approach to appointing counsel in paternity cases under the state and federal constitutions.

Appointment of Counsel: discretionary Qualified: yes

Read more about this

Paternity - Petitioner or Child

Legislation

Key_development Question_mark

Right to counsel

A court must appoint counsel upon request for a child in a paternity proceeding.

Appointment of Counsel: categorical Qualified: no

Read more about this

Sexually Dangerous Persons - Commitment

Legislation

No such proceeding

There is no procedure in the state for confinement of a sexually dangerous/violent person.

Sexually Dangerous Persons - Registration/Notification

Legislation

Key_development Question_mark

Right to counsel

Minors have a right to counsel in proceedings to determine whether they have to report as sex offenders when committing a sex-related offense.

Appointment of Counsel: categorical Qualified: yes

Read more about this

Sterilization

Legislation

Key_development Question_mark

Right to counsel - sterilization

Those facing forced sterilization who are indigent or unable to request counsel have a right to appointed counsel.

Appointment of Counsel: categorical Qualified: no

Read more about this

Termination of Parental Rights (Private) - Children

Litigation

Key_development Question_mark

Discretionary appointment of counsel

The Oregon Court of Appeals adopted a case-by-case approach for constitutional appointment of counsel for children in contested adoption cases.

Appointment of Counsel: discretionary Qualified: no

Read more about this

Termination of Parental Rights (State) - Children

Legislation

Key_development Question_mark

Right to counsel

Children in abuse/neglect cases have a right to counsel upon request.

Appointment of Counsel: categorical Qualified: yes

Read more about this

Litigation

Discretionary appointment of counsel

The Oregon Court of Appeals adopted a case-by-case approach for constitutional appointment of counsel for children in termination proceedings.

Appointment of Counsel: discretionary Qualified: no

Read more about this

Court Rule or Initiative

Discretionary appointment of counsel

A court rule permits a court to appoint counsel for a child in a termination of parental rights proceeding.

Appointment of Counsel: discretionary Qualified: no

Read more about this

Termination of Parental Rights (Private) - Birth Parents

Legislation

Key_development Question_mark

Right to counsel

Indigent non-consenting parents are entitled to counsel in adoption proceedings.

Appointment of Counsel: categorical Qualified: no

Read more about this

Litigation

Key_development Question_mark

Right to counsel

The Oregon Supreme Court held it violated the equal protection clause to deny counsel to an indigent parent in an adoption case.

Appointment of Counsel: categorical Qualified: no

Read more about this

Termination of Parental Rights (State) - Birth Parents

Legislation

Key_development Question_mark

Right to counsel

Indigent parents have a right to counsel upon request in termination of parental rights cases.

Appointment of Counsel: categorical Qualified: no

Read more about this

Truancy - Petition Against Child

Legislation

No such proceeding

In Oregon, only the parents can be prosecuted for truancy.

Read more about this

Other Subject Areas

Legislation

Right to counsel - reinstatement of parental rights

04/10/2018

The court must appoint counsel for an indigent child in foster care where a petition to reinstate parental rights is filed.

Appointment of Counsel: categorical Qualified: yes

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Discretionary appointment of counsel - Adoption petitioner/adult child

In adoptions of people 18 or older, the court has the discretion to appoint counsel for both the petitioner and the person to be adopted.

Appointment of Counsel: discretionary Qualified: no

Read more about this

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