(1) As used in this section:

Terms Used In Oregon Statutes 125.035

  • Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
  • judicial department: means the Supreme Court, the Court of Appeals, the Oregon Tax Court, the circuit courts and all administrative divisions of those courts, whether denominated as boards, commissions, committees or departments or by any other designation. See Oregon Statutes 174.113
  • Minor: means any person who has not attained 18 years of age. See Oregon Statutes 125.005
  • Protected person: means a person for whom a protective order has been entered. See Oregon Statutes 125.005
  • Protective proceeding: means a proceeding under this chapter. See Oregon Statutes 125.005
  • Respondent: means a person for whom entry of a protective order is sought in a petition filed under ORS § 125. See Oregon Statutes 125.005

(a) ‘Case subtype’ means guardianship, conservatorship or guardianship and conservatorship.

(b) ‘Case type’ means adult protective proceeding or minor protective proceeding.

(2) No later than September 15 of each year, the Judicial Department shall submit, to the interim committees of the Legislative Assembly related to the judiciary, a report on county-level data concerning protective proceedings in Multnomah, Lane and Columbia Counties during the two calendar years immediately preceding the year of the report, including:

(a) The number of protective proceedings initiated, broken out by case type and case subtype;

(b) The number of protective proceedings where the respondent was 65 years of age or older at the time the petition was filed;

(c) The number of protective proceedings granted, broken out by case type and case subtype; and

(d) The number of respondents or protected persons for whom the court appointed counsel under ORS § 125.080, broken out by case subtype.

(3) The department, in consultation with the Oregon Public Defense Commission, shall also include in the report described in subsection (2) of this section, to the extent the data is available:

(a) The number of cases with court-appointed counsel where payment for court-appointed counsel was from the assets of the respondent or protected person, broken out by case subtype; and

(b) The aggregate number of hours court-appointed counsel spent representing respondents or protected persons and the average number of hours court-appointed counsel spent per case. [2021 c.400 § 2; 2023 c.281 § 23]

 

Section 3, chapter 400, Oregon Laws 2021, provides:

The Judicial Department shall submit the first report required under section 2 of this 2021 Act [125.035] no later than September 15, 2024, and annually thereafter. [2021 c.400 § 3]

 

125.035 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS Chapter 125 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

 

PROCEDURE IN PROTECTIVE PROCEEDINGS

 

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