State v. Runnels

Summarized by:

  • Court: Oregon Court of Appeals
  • Area(s) of Law: Attorney Fees
  • Date Filed: 02-01-2017
  • Case #: A157584
  • Judge(s)/Court Below: Armstrong, P.J. for the Court; Tookey, J.; & Shorr, J.
  • Full Text Opinion

Trial courts must consider whether Defendant is or may be able to pay attorney fees before imposing them.

Defendant appealed various criminal convictions and trial court’s imposition of attorney fees. Defendant argued that the State did not make the required inquiry under ORS 151.505 and ORS 161.665 regarding whether Defendant “is or may be able to pay” the fees. The Court held that the trial court committed plain error in imposing attorney fees without first considering the Defendant’s ability to pay. Reversed. 

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