Multnomah Supp. L. R. 4.075

As amended through June 11, 2024

Rule 4.075 - DUII DIVERSION

The following procedures shall apply to all driving under the influence of intoxicants (DUII) cases:

(1) On each charge of DUII, the district attorney shall review the incident and the defendant's history to determine if the defendant is eligible for DUII Diversion or if the state will object to the defendant's participation in the diversion program. This review shall be completed prior to the date set for the first appearance of the defendant on the charge. The determination of whether the defendant is eligible for participation in DUII Diversion shall be announced at the first appearance proceeding.

(2) If the defendant appears at the time set for first appearance, is unrepresented by counsel and requests time to obtain counsel, the defendant's arraignment will be set over for two weeks only, unless a longer period is permitted by the court.

(3) In all other cases, counsel will be appointed if it is appropriate to do so, the defendant will proceed with retained counsel, or the defendant will be allowed to proceed without counsel.

(4) The court will arraign the defendant at first appearance. If the district attorney has determined that the defendant is eligible to enter DUII Diversion, then the case will be continued for the defendant to file the diversion petition and to appear to enter a plea of guilty. If the state is not able to determine if the incident or the defendant is diversion eligible at the time of arraignment or determines that the defendant is not eligible to enter diversion and files an objection, then the case will be set for jury trial in the normal course with leave to the defendant to file a petition, if timely, and to set a hearing for the court to make a final determination on this issue.

(5) If more than 30 days has elapsed from the date of first appearance set on the uniform citation summons and complaint or set in a release agreement on a release from custody on a law enforcement officer's probable cause arrest and booking of the defendant for DUII, the defendant must first appear for a determination by the court that there is good cause for the late filing of the petition before the defendant may be accepted into the diversion program.

(6) Objections to Diversion

(a) The District Attorney's objections to diversion shall be in writing.

(b) The defendant or the defendant's attorney will be given notice by the court that an objection has been filed.

(c) If the defendant elects to contest the objection, the defendant may set the objection for a formal hearing.

(d) Contested objection hearings may not be utilized to seek post-conviction relief on a prior conviction. Such relief shall be filed with the Circuit Court.

(e) If an objection is contested and the court sustains the objection to diversion, or if the defendant elects not to contest the objection, the case shall be set for trial or plea.

(7) No refunds of diversion fees will be made to any individual who for any reason fails to complete the program after diversion has been granted.

(8) If companion violation offenses are filed at the time the diversion charge is filed, such companion citations will remain with that charge until the petition is allowed by the court. If the petition is allowed, the judge in the diversion court will take a plea of no contest or set the companion charges for trial.

(9) If a misdemeanor is filed with a diversion charge, the cases shall be consolidated, and shall remain consolidated, until the diversion hearing. If diversion is granted, the cases shall be severed and the companion case will be set for trial.

(10) If a diversion offense is filed in a single charging instrument with one or more felony charges, unless severed, the diversion petition must be filed timely in the case containing the felony charges.

(11) Diversion cases filed in the East County Courthouse shall be processed and screened as indicated in this Rule. The judge will rule on the timeliness of the diversion request and will determine whether diversion will be allowed.

(12) Except for SLR 4.075(11), decisions on diversion eligibility or disqualification will be made by the judge assigned to the diversion court. Decisions on whether to grant or deny an extension of the 12 month diversion period under ORS 813.225 will also be made by the judge assigned to the diversion court. No attorney or defendant shall request that judge's decision to be reconsidered or reviewed by any other judge in the Circuit Court.

(13) If at the end of the initial diversion period all requirements have been met and the defendant or their representative has filed a motion for dismissal as outlined in ORS 813.250, the court will administratively dismiss the DUII charge without the need for a hearing.

Multnomah Supp. L. R. 4.075

Amended effective 2/1/2024.