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Oregon

Categorical Right To Counsel

Discretionary Appointment Of Counsel

Right Or Appointment Is Qualified

No Such Proceeding

No Authorization, But Relevant Materials

Other

Recent Activity

Right to Counsel Status

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.

No Authorization, But Relevant Materials

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.

Denies

This state has law explicitly stating that there is no right to counsel for this area.

Discretionary

Abuse/Neglect/Dependency - Accused Parents

Legislation

Key Development

Discretionary appointment of counsel

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

Appointment of Counsel: Discretionary

Qualified: No

Qualified

Abuse/Neglect/Dependency - Children

Legislation

Key Development

Right to counsel

Children in abuse/neglect cases shall be appointed counsel upon request.

Appointment of Counsel: Yes

Qualified: Yes

Qualified

All Basic Human Needs

Legislation

Key Development

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

Categorical

Civil Contempt in Family Court

Legislation

Key Development

January 1, 1978

Right to counsel

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

Appointment of Counsel: Yes

Qualified: No

Doesn't Affect

Guardianship/Conservatorship of Adults - Protected Person

Legislation

January 17, 2017

Legislation (dead): adult guardianships

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

Appointment of Counsel: Doesn't Affect

Qualified: No

The NCCRC submitted testimony in support of these bills.

Doesn't Affect

Housing - Evictions

Legislation

May 15, 2023

Multnomah County RTC ballot initiative voted down

A proposed ballot initiative that would have establish a right to counsel for Multnomah County tenants facing eviction was voted down.

Appointment of Counsel: Doesn't Affect

Qualified: No

The NCCRC provided support to the ballot initiative proponents.

Qualified

Other subject area

Legislation

Key Development

April 10, 2018

Right to counsel - Reinstatement of parental rights

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

Appointment of Counsel: Yes

Qualified: Yes

Categorical

Termination of Parental Rights (Private) - Birth Parents

Legislation

Key Development

Right to counsel

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

Appointment of Counsel: Yes

Qualified: No

Categorical

Termination of Parental Rights (State) - Birth Parents

Legislation

Key Development

Right to counsel

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

Appointment of Counsel: Yes

Qualified: No

Discretionary

Abuse/Neglect/Dependency - Accused Parents

Legislation

Key Development

Discretionary appointment of counsel

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

Appointment of Counsel: Discretionary

Qualified: No

Qualified

Abuse/Neglect/Dependency - Children

Legislation

Key Development

Right to counsel

Children in abuse/neglect cases shall be appointed counsel upon request.

Appointment of Counsel: Yes

Qualified: Yes

Qualified

Adult Protective Proceedings - Protected Person

Legislation

Key Development

Right to Counsel

A protected person has a right to counsel in a protective proceeding where a hearing is required and certain other conditions exist.

Appointment of Counsel: Yes

Qualified: Yes

Qualified

All Basic Human Needs

Legislation

Key Development

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

Qualified

Benefits - Claimant

Litigation

Key Development

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

No Such Proceeding

Bypass of Parental Input into Abortion - Minor (Pre-Dobbs)

Legislation

No such proceeding

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

Appointment of Counsel: No Such Proceeding

Qualified: No

Qualified

Civil Commitment

Litigation

Key Development

Right to counsel

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

Appointment of Counsel: Yes

Qualified: Yes

Legislation

Key Development

Right to counsel

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

Appointment of Counsel: Yes

Qualified: No

Categorical

Civil Contempt in Family Court

Legislation

Key Development

January 1, 1978

Right to counsel

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

Appointment of Counsel: Yes

Qualified: No

Categorical

Custody Disputes - Children

Legislation

Key Development

Right to counsel

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

Appointment of Counsel: Yes

Qualified: No

Qualified

Guardianship/Conservatorship of Adults - Protected Person

Legislation

Key Development

Right to Counsel

A protected person has the right to counsel in a protective proceeding where a hearing is required, and other conditions are met.

Appointment of Counsel: Yes

Qualified: Yes

Qualified

Guardianship/Conservatorship of Children - Child (incomplete)

Legislation

Key Development

Right to Counsel

A protected minor has the right to counsel in a protective proceeding where a hearing is required, and other conditions are met.

Appointment of Counsel: Yes

Qualified: Yes

Categorical

Guardianship/Conservatorship of Children - Parent or Guardian

Legislation

Key Development

Right to counsel

Indigent parents have the right to counsel in permanent guardianship matters.

Appointment of Counsel: Yes

Qualified: No

Qualified

Incarceration for Fees/Fines (incomplete)

Legislation

Key Development

Right to counsel

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

Appointment of Counsel: Yes

Qualified: Yes

Categorical

Involuntary Medical Treatment (incomplete)

Legislation

Key Development

Right to counsel

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

Appointment of Counsel: Yes

Qualified: No

Qualified

Other subject area

Legislation

Key Development

April 10, 2018

Right to counsel - Reinstatement of parental rights

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

Appointment of Counsel: Yes

Qualified: Yes

Key Development

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

Qualified

Parentage - Defendant/Respondent

Litigation

Key Development

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

Categorical

Parentage - Petitioner or Child

Legislation

Key Development

Right to counsel

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

Appointment of Counsel: Yes

Qualified: No

Qualified

Quarantine/Isolation

Legislation

Key Development

Right to Counsel

There is a right to counsel for individuals and groups subject to a public health measure, but it is unclear if it extends to area quarantine.

Appointment of Counsel: Yes

Qualified: Yes

No Such Proceeding

Sexually Dangerous Persons - Commitment

Legislation

No such proceeding

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

Appointment of Counsel: No Such Proceeding

Qualified: No

Qualified

Sexually Dangerous Persons - Registration/Notification

Legislation

Key Development

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: Yes

Qualified: Yes

Categorical

Sterilization

Legislation

Key Development

Right to counsel

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

Appointment of Counsel: Yes

Qualified: No

Categorical

Termination of Parental Rights (Private) - Birth Parents

Litigation

Key Development

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: Yes

Qualified: No

Legislation

Key Development

Right to counsel

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

Appointment of Counsel: Yes

Qualified: No

Discretionary

Termination of Parental Rights (Private) - Children

Litigation

Key Development

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

Categorical

Termination of Parental Rights (State) - Birth Parents

Legislation

Key Development

Right to counsel

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

Appointment of Counsel: Yes

Qualified: No

Discretionary

Termination of Parental Rights (State) - Children

Court Rule or Initiative

Key Development

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

Legislation

Key Development

Right to counsel

Children in abuse/neglect cases have a right to counsel upon request, and it arguably extends to termination cases.

Appointment of Counsel: Yes

Qualified: Yes

Litigation

Key Development

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

No Such Proceeding

Truancy - Petition Against Child

Legislation

No such proceeding

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

Appointment of Counsel: No Such Proceeding

Qualified: No

The NCCRC works to advance the right to counsel for low-income people in civil cases involving basic human needs, such as housing, health, domestic violence, civil incarceration, and child custody.

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