State v. McCarthy

“If in determining that a person is financially eligible for appointed counsel under ORS 151.485 . . . the court shall enter a limited judgment requiring that the person . . . the amount that it finds the person is able to pay without creating substantial hardship in providing basic economic necessities to the person or the person’s dependent family.” ORS 151.487(1).

Defendant appealed supplemental judgments issued by the trial court ordering him to pay toward his court-appointed counsel. Defendant argued that the statutes require the court to find whether the defendant can pay the attorney fees and the record is silent regarding this issue. The State concedes that the lower court erred in its imposition of attorney fees.  “If in determining that a person is financially eligible for appointed counsel under ORS 151.485 . . . the court shall enter a limited judgment requiring that the person . . . the amount that it finds the person is able to pay without creating substantial hardship in providing basic economic necessities to the person or the person’s dependent family.” ORS 151.487(1). The Court first must find whether the person has the resources to pay for legal fees. If the Court finds that the person does, then it must determine the amount to be paid. The parties agreed that the record did not establish that Defendant had the financial resources. Therefore, the lower court incorrectly imposed the attorney fees. Reversed.