Bohanan v Amsberry

"For petitioners who are 'unable to pay the expenses of a proceeding,' ORS 138.590 creates an exception to the requirement under ORS 138.560(1) that the filing fee be paid at the time the petition is filed. ORS 138.590(1), (8). In that circumstance, 'all court fees in the circuit court' other than the filing fee are waived; the filing fee, however, 'is not waived but may be drawn from, or charged against, the petitioner's trust account if the petitioner is an inmate in a correctional facility.'" ORS 138.590(8)(b).

Petitioner appealed a limited judgment that imposed upon him filing fees. Petitioner assigned error to the post-conviction court’s issuance of a limited monetary judgment against him. On appeal, Petitioner argued (1) as a “financially eligible person,” under ORS 138.590, “the executive director of the public defense services is required to pay [the] filing fee,” (2) the presumption that the lower court relied on regarding the requirement of the filing fee was erroneous, and (3) the money judgment was issued without notice or opportunity for a hearing which has previously been held improper. In response, Appellant argued the legislative intent established that inmates with trust accounts should bear some cost when seeking post-conviction relief. "For petitioners who are 'unable to pay the expenses of a proceeding,' ORS 138.590 creates an exception to the requirement under ORS 138.560(1) that the filing fee be paid at the time the petition is filed. ORS 138.590(1), (8). In that circumstance, 'all court fees in the circuit court' other than the filing fee are waived; the filing fee, however, 'is not waived but may be drawn from, or charged against, the petitioner's trust account if the petitioner is an inmate in a correctional facility.'" ORS 138.590(8)(b). The Court affirmed the post-conviction court's limited judgment because it found Petitioner had notice and opportunity to be heard regarding the filing fees.

Affirmed.