Oregon Court-Appointed Attorney Fees Require Ability to Pay
Oregon Court-Appointed Attorney Fees Require Ability to Pay
On September 10, 2014, the Oregon Court of Appeals reversed a $600 attorney fee award imposed on a criminal defendant because the trial court failed to make a finding as to the defendant’s ability to pay.
Under Oregon Revised Statute (ORS) 151.505 and ORS 161.665, Oregon sentencing courts have the discretion to order a convicted criminal defendant to pay fees associated with their representation by court-appointed counsel. However, the Oregon Court of Appeals has previously held that a sentencing court may not impose court-appointed attorney fees unless there is legally sufficient evidence of the defendant’s ability to pay those fees and the prosecution bears the burden of proving that the defendant is, or may be able to, pay those fees. See: State v. Coverstone, 320 P.3d 670 (Or. Ct. App. 2014). The imposition of attorney fees is improper unless the sentencing court finds, on the record, that the defendant is, or may be able to, pay those fees. See: State v. Pendergrapht, 284 P.3d 573 (Or. Ct. App. 2012).
After Daniel Paul Fiori was convicted of driving under the influence of intoxicants, he asked the trial court not to impose court-appointed attorney fees under ORS 151.505. He informed the court “that he was unemployed, homeless and struggling to pay medical bills, and that he was ‘basically destitute.’” Unmoved by Fiori’s hard luck story, the trial court “imposed $600 in attorney fees, without making any findings as to the defendant’s ability to pay.”
The Court of Appeals reversed, accepting the state’s concession “that the record does not support a finding that the defendant is or may be able to pay the $600 in attorney fees imposed by the trial court.” See: State v. Fiori, 335 P.3d 359 (Or. Ct. App. 2014).
Related legal cases
State v. Coverstone
| Year | 2014 |
|---|---|
| Cite | 320 P.3d 670 (Or. Ct. App. 2014) |
| Level | State Court of Appeals |
State v. Fiori
| Year | 2014 |
|---|---|
| Cite | 335 P.3d 359 (Or. Ct. App. 2014) |
| Level | State Court of Appeals |
State v. Pendergrapht
| Year | 2012 |
|---|---|
| Cite | 284 P.3d 573 (Or. Ct. App. 2012) |
| Level | Court of Appeals |