Oregon

This page provides a breakdown of all major developments and right to counsel law that the NCCRC knows for this state, sorted by subject area. Click on either tab below to see the aspect it describes.

Abuse/Neglect/Dependency - Accused Parents

Legislation

Key_development Question_mark

Discretionary appointment of counsel

A court may appoint counsel for a parent in abuse/neglect cases.

Appointment of Counsel: discretionary Qualified: no

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Abuse/Neglect/Dependency - Children

Legislation

Key_development Question_mark

Right to counsel

Children in abuse/neglect cases have a right to counsel upon request.

Appointment of Counsel: categorical Qualified: no

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Adult Protective Proceedings - Proposed Ward

Legislation

Key_development Question_mark

Discretionary appointment of counsel

The court has discretion to appoint counsel for a respondent or protected person in an adult protective proceeding.

Appointment of Counsel: discretionary Qualified: no

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All Basic Human Needs

Legislation

Key_development Question_mark

Discretionary appointment of counsel

The Oregon Attorney General has said a court may appoint counsel for any litigant with disabilities as a reasonable accommodation.

Appointment of Counsel: discretionary Qualified: yes

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Benefits - Claimant

Litigation

Key_development Question_mark

Discretionary appointment of counsel

The Oregon Court of Appeals adopted a case-by-case approach to appointing counsel in benefits cases under the constitution.

Appointment of Counsel: discretionary Qualified: yes

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Child Support Enforcement (Civil Contempt)

Legislation

Key_development Question_mark

Right to counsel

An indigent defendant is entitled to counsel in civil contempt proceedings.

Appointment of Counsel: categorical Qualified: no

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Civil Commitment - Subject of Petition

Legislation

Key_development Question_mark

Right to counsel

There is a right to counsel for the indigent subject of a civil commitment proceeding.

Appointment of Counsel: categorical Qualified: no

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Litigation

Right to counsel

An appellate court found a 14th Amendment due process right to counsel in civil commitment proceedings.

Appointment of Counsel: categorical Qualified: yes

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Custody Disputes - Children

Legislation

Key_development Question_mark

Right to counsel

The court must appoint counsel upon request for children in a variety of private custody proceedings.

Appointment of Counsel: categorical Qualified: no

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Guardianship/Conservatorship of Adults - Ward

Legislation

Legislation: adult guardianships

01/17/2017

These bills would provide a right to counsel for prospective adult wards in guardianship proceedings.

 

Nccrc_involvement_icon The NCCRC submitted testimony in support of these bills.

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Key_development Question_mark

Discretionary appointment of counsel

There is the potential for discretionary appointment of counsel for subjects of a guardianship proceeding.

Appointment of Counsel: discretionary Qualified: no

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Incarceration for Fees/Fines (incomplete)

Legislation

Key_development Question_mark

Right to counsel

An indigent defendant is entitled to counsel in civil contempt proceedings.

Appointment of Counsel: categorical Qualified: yes

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Paternity - Defendant/Respondent

Litigation

Key_development Question_mark

Discretionary appointment of counsel

An appellate court adopted a case-by-case approach to appointing counsel in paternity cases under the state and federal constitutions.

Appointment of Counsel: discretionary Qualified: yes

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Paternity - Petitioner or Child

Legislation

Key_development Question_mark

Right to counsel

A court must appoint counsel upon request for a child in a paternity proceeding.

Appointment of Counsel: categorical Qualified: no

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Sterilization

Legislation

Key_development Question_mark

Right to counsel - sterilization

Those facing forced sterilization have a right to appointed counsel.

Appointment of Counsel: categorical Qualified: no

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Termination of Parental Rights (Private) - Children

Litigation

Key_development Question_mark

Discretionary appointment of counsel

The Oregon Court of Appeals adopted a case-by-case approach for constitutional appointment of counsel for children in contested adoption cases.

Appointment of Counsel: discretionary Qualified: no

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Termination of Parental Rights (State) - Children

Litigation

Key_development Question_mark

Discretionary appointment of counsel

The Oregon Court of Appeals adopted a case-by-case approach for constitutional appointment of counsel for children in termination proceedings.

Appointment of Counsel: discretionary Qualified: yes

Read more about this

Termination of Parental Rights (Private) - Birth Parents

Legislation

Key_development Question_mark

Right to counsel

Indigent non-consenting parents are entitled to counsel in adoption proceedings.

Appointment of Counsel: categorical Qualified: no

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Litigation

Key_development Question_mark

Right to counsel

The OR Supreme Court held it violated the state constitution's equal protection clause to deny counsel to an indigent parent an adoption case.

Appointment of Counsel: categorical Qualified: no

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Termination of Parental Rights (State) - Birth Parents

Legislation

Key_development Question_mark

Right to counsel

Indigent parents have a right to counsel upon request in termination of parental rights cases.

Appointment of Counsel: categorical Qualified: no

Read more about this

Other Subject Areas

Legislation

Key_development Question_mark

Discretionary appointment of counsel - Adoption petitioner/child

In adoptions of people 18 or older, the court has the discretion to appoint counsel for both the petitioner and the person to be adopted.

Appointment of Counsel: discretionary Qualified: no

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