State v. Mickow

Summarized by:

  • Court: Oregon Court of Appeals
  • Area(s) of Law: Attorney Fees
  • Date Filed: 04-13-2016
  • Case #: A157024
  • Judge(s)/Court Below: Lagesen, J. for the Court; Ortega, P.J.; & Garrett, J.
  • Full Text Opinion

Under ORS 151.505 and ORS 161.665, a trial court may not require a defendant to pay court-appointed attorney fees unless the court makes factual findings about whether the defendant “is or may be able to pay” the fees.

Defendant appealed the trial court’s order requiring Defendant to pay court-appointed attorney fees. Defendant argued that the trial court erred as it did not make findings regarding Defndant's ability to pay the fees. The Court’s held that the trial court erred by not making the statutorily-mandated findings about Defendant's ability to pay required under ORS 151.505 and ORS 161.665. The record must permit the inference that the trial court did comply with the applicable statutory requirements when requiring fees, because a reviewing court does not assume that the trial court complied with the statutory procedures unless the record provides for affirmative support of that assumption. Portion of judgment requiring defendant to pay fees reversed; otherwise affirmed.

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