State v. Walker

• Court: Oregon Court of Appeals
• Area(s) of Law: Attorney Fees
• Date Filed: 10-21-2015
• Case #: A156746
• Judge(s)/Court Below: Per Curiam; Duncan, P.J.; DeVore, J.; & Flynn, J.

Under ORS 151.505 and ORS 161.665, a defendant cannot be ordered to pay court-appointed attorney fees unless the court makes a determination that the defendant is or may be able to pay the fees, and includes evidence on the record as to that determination.

Defendant Walker appealed a judgment imposing $400 in court-appointed attorney fees, to which she did not object at trial. Asking for plain error review, on appeal Defendant argued the court erred in ordering the attorney fees without a determination of her ability to pay. The Court held the trial court erred in ordering the fees without making this determination, and under the circumstances including Defendant’s indigence and a silent record as to ability to pay it was appropriate to correct the error. Reversed as to attorney fees; otherwise affirmed.

Share Subscribe