Bondick v. Lane County Circuit Court

When an application for a fee waiver under ORS 21.682 demonstrates a person is eligible, the court must develop the record or provide an explanation if it denies the request. Stanwood v. Multnomah County, 135 Or App 58, 61, 898 P2d 196 (1995).

Bondick appealed an order denying his application for a filing fee waiver.  On appeal, Bondick argued that he qualified for the waiver and the trial court failed to provide reasoning for its denial.  When an application for a fee waiver under ORS 21.682 demonstrates a person is eligible, the court must develop the record or provide an explanation if it denies the request.  Stanwood v. Multnomah County, 135 Or App 58, 61, 898 P2d 196 (1995).  The Court found that Bondick’s fee waiver was governed by ORS 21.682 because he was not incarcerated.  The Court further found that Bondick’s application showed he was eligible for the waiver and the court failed to provide evidence for a contrary conclusion.  Thus, the Court held that the trial court’s denial of the fee waiver was in error.  Reversed and remanded.