Section 151.216 - [Operative 7/1/2025] Commission duties(1) The Oregon Public Defense Commission shall:(a) Establish and maintain a public defense system that ensures the provision of public defense services consistent with the Oregon Constitution, the United States Constitution and Oregon and national standards of justice.(b) Adopt policies for public defense providers that: (A) Ensure compensation, resources and caseloads are in accordance with national and regional best practices;(B) Ensure all public defense provider contracts provide for compensation that is commensurate with the character of service performed;(C) Ensure funding and resources to support required data collection and training requirements; and(D) Recognize the need to consider overhead costs that account for the cost of living and business cost differences in each county or jurisdiction, including but not limited to rent, professional membership dues, malpractice insurance and other insurance and other reasonable and usual operating costs.(c) Establish operational and contracting systems that allow for oversight, ensure transparency and stakeholder engagement and promote equity, inclusion and culturally specific representation.(d) Review the caseload policies described in paragraph (b)(A) of this subsection annually, and revise the policies as necessary and at least every four years.(e) Adopt a statewide workload plan, based on the caseload policies described in paragraph (b)(A) of this subsection, that takes into account the needs of each county or jurisdiction, practice structure and type of practice overseen by the commission.(f) Submit the budget of the commission to the Legislative Assembly after the budget is submitted to the commission by the executive director and approved by the voting members of the commission. The chairperson of the commission shall present the budget to the Legislative Assembly.(g) Adopt a compensation plan, classification system and affirmative action plan for the commission that are commensurate with other state agencies.(h) Adopt policies, procedures, standards and guidelines regarding:(A) The determination of financial eligibility of persons entitled to be represented by appointed counsel at state expense;(B) The appointment of counsel, including the appointment of counsel at state expense regardless of financial eligibility in juvenile delinquency matters;(C) The fair compensation of counsel appointed to represent a person financially eligible for appointed counsel at state expense;(D) Appointed counsel compensation disputes;(E) The costs associated with the representation of a person by appointed counsel in the state courts that are required to be paid by the state; and(F) The types of fees and expenses subject to a preauthorization requirement.(i) Reimburse the State Court Administrator from funds deposited in the Public Defense Services Account established by ORS 151.225 for the costs of personnel and other costs associated with location of eligibility verification and screening personnel pursuant to ORS 151.489 by the State Court Administrator.(j) Develop, adopt and oversee the implementation, enforcement and modification of policies, procedures, minimum standards and guidelines to ensure that public defense providers are providing effective assistance of counsel consistently to all eligible persons in this state as required by statute and the Oregon and United States Constitutions. The policies, procedures, standards and guidelines described in this paragraph apply to employees of the commission and to any person or entity that contracts with the commission to provide public defense services in this state.(k) Set minimum standards by which appointed counsel are trained and supervised. (l) Establish a system, policies and procedures for the mandatory collection of data concerning the operation of the commission and all public defense providers.(m) Enter into contracts and hire attorneys to bring the delivery of public defense services into and maintain compliance with the minimum policies, procedures, standards and guidelines described in this subsection. All contracts for the provision of public defense services to which the commission is a party must include a requirement for collection by the commission of data determined by the commission to be qualitatively necessary for any report required to be submitted to the Legislative Assembly.(n) At least once every two years, report to the interim committees of the Legislative Assembly related to the judiciary, in the manner provided in ORS 192.245, and to the Governor and Chief Justice, concerning compliance metrics for the minimum standards described in this subsection and recommendations for legislative changes.(o) Develop standard operating expectations for persons and entities providing public defense services.(p) In consultation with the Judicial Department, ensure the existence of policies that create a standardized process for determining and verifying financial eligibility for appointed counsel under ORS 151.485.(q) Ensure access to systematic and comprehensive training programs for attorneys for the purpose of meeting statewide standards set by the commission.(r) Enter into contracts or interagency agreements with the Oregon Department of Administrative Services for the purpose of supporting state public defense population forecasts and other related forecasts.(s) Establish any other policies, procedures, standards and guidelines for the conduct of the commission's affairs and promulgate policies necessary to carry out all powers and duties of the commission.(2) When establishing the minimum policies, procedures, standards and guidelines described in this section, the commission shall adhere to the following principles:(a) Appointed counsel shall be provided sufficient time and a space where attorney-client confidentiality is safeguarded for meetings with clients.(b) The workload of appointed counsel must be controlled to permit effective representation. Economic disincentives or incentives that impair the ability of appointed counsel to provide effective assistance of counsel must be avoided. The commission may develop workload controls to enhance appointed counsel's ability to provide effective representation.(c) The ability, training and experience of appointed counsel must match the nature and complexity of the case to which the counsel is appointed.(d) The same appointed counsel shall continuously represent a client throughout the pendency of the case and shall appear at every court appearance other than ministerial hearings.(e) The commission shall establish continuing legal education requirements for public defense providers who are employed by or contract with the commission that are specific to the subject matter area and practice of each type of court-appointed counsel.(f) The commission and public defense providers shall systematically review appointed counsel for efficiency and for effective representation according to commission standards.(3) The commission shall be organized in a manner for the effective delivery of public defense services as prescribed by the policies and procedures created pursuant to statute to financially eligible persons and consistent with the budgetary structure established for the commission by the Legislative Assembly.(4) The commission shall hire attorneys to serve as appointed counsel, including at the trial level in Oregon circuit courts, and shall establish a trial division within the commission consisting of attorneys employed by the commission who are trial-level public defense providers.(5)(a) The commission shall establish, supervise and maintain a panel of qualified counsel who contract with the commission and are directly assigned to cases. The commission shall develop a process for certification of attorneys to the panel with periodic eligibility and case review. Panel attorneys are not employees of the commission.(b) The payment of panel counsel: (A) May not be lower than the hourly rate established by the commission.(B) Shall be adjusted to reflect the same percentage amount of any positive cost of living adjustment granted to employees in the management service in other executive branch agencies.(C) May not provide a financial conflict of interest or economic incentives or disincentives that impair an attorney's ability to provide effective representation.(6)(a) The commission may enter into contracts for the provision of public defense services with nonprofit public defense organizations.(b) The commission may enter into contracts with entities that subcontract with other entities or persons for the provision of public defense services.(c) The commission may not enter into a contract or agreement that pays appointed counsel a flat fee per case.(7) The policies, procedures, standards and guidelines adopted by the commission must be made available in an accessible manner to the public on the commission's website.(8) Policies, procedures, standards and guidelines adopted by the commission supersede any conflicting rules, policies or procedures of the Public Defender Committee, State Court Administrator, circuit courts, the Court of Appeals, the Supreme Court and the Psychiatric Security Review Board related to the exercise of the commission's administrative responsibilities under this section and transferred duties, functions and powers as they occur.(9) The commission may accept gifts, grants or contributions from any source, whether public or private. However, the commission may not accept a gift, grant or contribution if acceptance would create a conflict of interest. Moneys accepted under this subsection shall be deposited in the Public Defense Services Account established by ORS 151.225 and expended for the purposes for which given or granted.(10) With the approval of a majority of the voting members of the commission, the commission may advocate for or against legislation before the Legislative Assembly or policies or budgets being considered by the Legislative Assembly.(11) The commission shall request that the Governor include in the Governor's requested budget, for each fiscal period, at a minimum, the amount of funds identified by the commission as being necessary to carry out the duties and activities of the commission.(12) The commission may adopt rules pursuant to ORS chapter 183.Amended by 2023 Ch. 281,§ 3, eff. 7/13/2023, op. 1/1/2024.Amended by 2023 Ch. 281,§ 78, eff. 7/13/2023, op. 1/1/2025.Amended by 2023 Ch. 281,§ 94, eff. 7/13/2023, op. 7/1/2025.Amended by 2021 Ch. 597, § 9, eff. 9/25/2021, app. 1/1/2022.Amended by 2021 Ch. 202, § 2, eff. 6/11/2021.Amended by 2017 Ch. 442, § 19, eff. 6/22/2017, op. 7/1/2018.Amended by 2012 Ch. 107, § 42, eff. 4/11/2012, op. 7/1/2012.2001 c.962 §§3,106; 2003 c. 449, §§ 1, 2, 42; 2005 c. 843, § 23; 2011 c. 708, § 20 The amendments to 151.216 by section 101, chapter 281, Oregon Laws 2023, become operative July 1, 2027. See section 102, chapter 281, Oregon Laws 2023. The text that is operative on and after July 1, 2027, is set forth for the user's convenience.
This section is set out more than once due to postponed, multiple, or conflicting amendments.