Oregon Statutes 427.265 – Court to advise person of nature of proceeding and rights; appointment of legal counsel
(1) At the time that a person who is alleged to have an intellectual disability and to be in need of commitment for residential care, treatment and training is brought before the court, the court shall advise the person of the reason for being brought before the court, the nature of the proceedings and the possible results of the proceedings. The court shall also advise the person of the right to subpoena witnesses and to suitable legal counsel possessing skills and experience commensurate with the nature of the allegations and complexity of the case during the proceedings, and that if the person does not have funds with which to retain suitable legal counsel, the court shall appoint such legal counsel to represent the person. If the person does not request legal counsel, the legal guardian, relative or friend may request the assistance of legal counsel on behalf of the person.
Terms Used In Oregon Statutes 427.265
- County court: includes board of county commissioners. See Oregon Statutes 174.100
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- Intellectual disability: means an intelligence quotient of 70 or below as measured by a qualified professional and existing concurrently with significant impairment in adaptive behavior, that is manifested before the individual is 18 years of age. See Oregon Statutes 427.005
- Person: includes individuals, corporations, associations, firms, partnerships, limited liability companies and joint stock companies. See Oregon Statutes 174.100
- Subpoena: A command to a witness to appear and give testimony.
- Testimony: Evidence presented orally by witnesses during trials or before grand juries.
- Treatment: means the provision of specific physical, mental, social interventions and therapies that halt, control or reverse processes that cause, aggravate or complicate malfunctions or dysfunctions. See Oregon Statutes 427.005
(2) If no request for legal counsel is made, the court shall appoint suitable legal counsel.
(3) If the person is unable to afford legal counsel, the court, if the matter is before a county or justice court, or the executive director of the Oregon Public Defense Commission, if the matter is before the circuit court, shall determine and allow, as provided in ORS § 135.055, the reasonable expenses of the person and compensation for legal counsel. The expenses and compensation so allowed by a county court shall be paid by the county of residence of the person. The expenses and compensation determined by the executive director shall be paid by the executive director from funds available for the purpose. In all cases legal counsel shall be present at the hearing and may examine all witnesses offering testimony, and otherwise represent the person.
(4) The court may, for good cause, postpone the hearing for not more than 72 hours to allow preparation for the hearing and order the continuation of detention authorized under ORS § 427.255 during a postponement, if requested by the person, the legal counsel, guardian of the person, an examiner or on the court’s own motion. [1979 c.683 § 20; 1979 c.867 § 13; 1981 s.s. c.3 § 135; 2001 c.962 § 71; 2011 c.658 § 16; 2023 c.281 § 73; 2023 c.339 § 7]