Right to counsel

Civil Contempt

O.R.S. § 33.055(8) governs civil contempt proceedings (referred to as “remedial sanctions”), and states, “A defendant is entitled to be represented by counsel. A court shall not impose on a defendant a remedial sanction of confinement unless, before the hearing is held, the defendant is: (a) Informed that such sanction may be imposed; and(b) Afforded the same right to appointed counsel required in proceedings for the imposition of an equivalent punitive sanction of confinement.”

Parole Revocation

According to rules promulgated by the Oregon Board of Parole & Post-Prison Supervision, the payment of fines, restitution, or other fees may be a condition of parole. See Exhibit J, OAR 255-070-0001, General and Special Parole and Post-Prison Supervision Conditions.  When the Board “has been informed and has reasonable grounds to believe that a person under its jurisdiction has violated a condition of parole and that revocation of parole may be warranted, the board or its designated representative shall conduct a hearing as promptly as convenient to determine whether there is probable cause to believe a violation of one or more of the conditions of parole has occurred and also conduct a parole violation hearing if necessary.” Or. Rev. Stat. § 144.343(1).  Prior to the hearing, the parolee must receive notice of the matter, which includes information about the potential right to counsel where the person is indigent, requests counsel, and meets the other criteria outlined:

(3) Within a reasonable time prior to the hearing, the board or its designated representative shall provide the parolee with written notice which shall contain the following information:

(f) The parolee’s right to be represented by counsel and, if indigent, to have counsel appointed at board expense if the board or its designated representative determines, after request, that the request is based on a timely and colorable claim that:

(A) The parolee has not committed the alleged violation of the conditions upon which the parolee is at liberty;
(B) Even if the violation is a matter of public record or is uncontested, there are substantial reasons which justify or mitigate the violation and make revocation inappropriate and that the reasons are complex or otherwise difficult to develop or present; or
(C) The parolee, in doubtful cases, appears to be incapable of speaking effectively on the parolee’s own behalf.

Or. Rev. Stat. § 144.343 (emphasis added).  The nonpayment of a legal financial obligation that is a condition of parole would likely fall into subsection (3)(f)(B) above.  Although a claim that the nonpayment was not willful is likely a mitigating factor against parole revocation, whether it is sufficiently complex to warrant the appointment of counsel is unclear.