Or. Admin. Code § 416-150-0020

Current through Register Vol. 63, No. 11, November 1, 2024

Section 416-150-0020 - Attorney Interview

(1) When an attorney asks to interview a youth in custody, the following provisions must apply:

(a) The attorney of record representing the youth in custody may interview the youth in custody privately. If the attorney, or the youth in custody requests, an OYA staff will be present during the interview; and

(b) An adversarial attorney will not be permitted to interview a youth in custody unless the youth in custody's legal guardian consents to the interview and the youth in custody's own attorney is also present.

(2) Youth in custody may request an opportunity to privately consult with legal counsel, either face-to-face or by telephone.

(a) Attorneys of record who wish to consult face-to-face with youth in custody must make an appointment in advance.

(b) When a youth in custody requests to telephone an attorney or an attorney attempts to make contact via telephone with their client, OYA staff will arrange the call as soon as reasonably practical within normal business hours, and in all cases within 24 hours of the request, excluding weekends or holidays. In an emergency, the call will be arranged as soon as reasonably practical without regard to normal business hours, weekends or holidays.

(c) Staff will not screen or inquire into the reason for or the purpose of the call, except to determine if an emergency exists.

(3) A copy of the current directory of attorneys in Oregon will be maintained at each OYA facility.

(4) All youth in custody may access the courts, without obstruction or interference by OYA staff, in order to challenge unlawful commitments and to seek redress for violations of their constitutional rights.

(5) All youth in custody will be permitted to retain legal papers and correspondence in a confidential manner. Written correspondence between attorneys and youth in custody is addressed in OAR 416-440-0020.

Or. Admin. Code § 416-150-0020

OYA 2-1995, f. 12-19-95, cert. ef. 1-2-96; OYA 2-2004, f. & cert. ef. 5-14-04; OYA 10-2022, amend filed 12/13/2022, effective 12/14/2022

Statutory/Other Authority: ORS 420A.025

Statutes/Other Implemented: ORS 131.040, 420.014 & 420A.010