(1) The executive director of the Oregon Public Defense Commission shall:

(a) Designate a deputy director of the commission who serves at the pleasure of the executive director.

(b) Hire necessary staff for the commission.

(c) Recommend to the commission how to establish and maintain, in a cost-effective manner, the delivery of legal services to persons entitled to, and, where applicable, financially eligible for, appointed counsel at state expense under Oregon statutes, the Oregon Constitution, the United States Constitution and consistent with Oregon and national standards of justice.

(d) Implement and ensure compliance with contracts, policies, procedures, standards and guidelines adopted by the commission or required by statute.

(e) Prepare and submit to the commission for its approval the biennial budget of the commission.

(f) Negotiate contracts, as appropriate, for providing legal services to persons eligible for appointed counsel at state expense.

(g) Employ personnel or contract for services as necessary to carry out the responsibilities of the executive director and the commission.

(h) Supervise the personnel, operation and activities of the commission.

(i) Provide services, facilities and materials necessary for the performance of the duties, functions and powers of the commission.

(j) Pay the expenses of the commission.

(k) Prepare and submit to the members of the commission an annual report of the activities of the commission.

(L) Provide for legal representation, advice and consultation for the commission, its members, the executive director and staff of the commission who require such services or who are named as defendants in lawsuits arising from their duties, functions and responsibilities. If requested by the executive director, the Attorney General may also provide for legal representation, advice and consultation for the commission, its members, the executive director and staff of the commission in litigation.

(2) The executive director may:

(a) Designate persons as representatives of the executive director for the purposes of determining and paying bills submitted to the commission and determining preauthorization for incurring fees and expenses under ORS § 135.055.

(b) Establish an external advisory group to assist in developing the standard operating expectations for persons and entities providing public defense services. [2001 c.962 4,106a; 2003 c.449 3,4; 2021 c.597 § 10; 2023 c.281 § 4]

The amendments to 151.219 by section 95, chapter 281, Oregon Laws 2023, become operative July 1, 2025. See section 102, chapter 281, Oregon Laws 2023. The text that is operative on and after July 1, 2025, is set forth for the user’s convenience.

(1) The executive director of the Oregon Public Defense Commission shall:

(a) Designate a deputy director of the commission who serves at the pleasure of the executive director.

(b) Hire necessary staff for the commission.

(c) Recommend to the commission how to establish and maintain, in a cost-effective manner, the delivery of legal services to persons entitled to, and, where applicable, financially eligible for, appointed counsel at state expense under Oregon statutes, the Oregon Constitution, the United States Constitution and consistent with Oregon and national standards of justice.

(d) Implement and ensure compliance with contracts, policies, procedures, standards and guidelines adopted by the commission or required by statute.

(e) Prepare and submit to the commission for its approval the biennial budget of the commission.

(f) Negotiate contracts, as appropriate, for providing legal services to persons eligible for appointed counsel at state expense in accordance with ORS § 151.216 (5) and (6).

(g) Employ personnel or contract for services as necessary to carry out the responsibilities of the executive director and the commission.

(h) Supervise the personnel, operation and activities of the commission.

(i) Provide services, facilities and materials necessary for the performance of the duties, functions and powers of the commission.

(j) Pay the expenses of the commission.

(k) Prepare and submit to the members of the commission an annual report of the activities of the commission.

(L) Provide for legal representation, advice and consultation for the commission, its members, the executive director and staff of the commission who require such services or who are named as defendants in lawsuits arising from their duties, functions and responsibilities. If requested by the executive director, the Attorney General may also provide for legal representation, advice and consultation for the commission, its members, the executive director and staff of the commission in litigation.

(2) The executive director may:

(a) Designate persons as representatives of the executive director for the purposes of determining and paying bills submitted to the commission and determining preauthorization for incurring fees and expenses under ORS § 135.055.

(b) Establish an external advisory group to assist in developing the standard operating expectations for persons and entities providing public defense services.

See second note under 151.211.

Section 14 (3)(a), chapter 281, Oregon Laws 2023, provides:

(3)(a) Notwithstanding ORS § 151.213 (6)(b), and subject to the provisions of sections 92 (3) and 102 (2) of this 2023 Act, on January 1, 2024, the public defense services executive director shall begin a four-year term as executive director of the Oregon Public Defense Commission, and is subject to termination or reappointment as described in ORS § 151.213 (6)(b). [2023 c.281 § 14(3)(a)]

Section 92 (3)(b), chapter 281, Oregon Laws 2023, provides:

(3)(b) The person serving as executive director of the Oregon Public Defense Commission on January 1, 2025, may finish the person’s term as executive director and is eligible for reappointment, but, beginning on January 1, 2025, and continuing until July 1, 2027, serves at the pleasure of the Governor. [2023 c.281 § 92(3)(b)]

Section 102 (2)(b), chapter 281, Oregon Laws 2023, provides:

(2)(b) The person serving as executive director of the Oregon Public Defense Commission on July 1, 2027, may finish the person’s term as executive director and is eligible for reappointment, but, beginning on July 1, 2027, serves at the pleasure of the voting members of the commission. [2023 c.281 § 102(2)(b)]

[Formerly 138.740; repealed by 2001 c.962 § 114]