Section 151.213 - [Operative until 1/1/2025] Oregon Public Defense Commission; membership; terms; member duties(1) The Oregon Public Defense Commission is established in the judicial branch of state government. Except for the appointment or removal of commission members, the commission and employees of the commission are not subject to the exercise of administrative authority and supervision by the Chief Justice of the Supreme Court as the administrative head of the Judicial Department.(2)(a) Nine voting members and four nonvoting members shall be appointed to the commission by order of the Chief Justice as follows: (A) The Chief Justice shall appoint: (i) One voting member who is a retired judge.(ii) Two additional voting members, one of whom has experience as a public defense provider in criminal cases.(B) The Chief Justice shall appoint, from among persons recommended by the Governor: (i) One voting member who has been represented by a public defense provider.(ii) Two additional voting members, one of whom has experience as a public defense provider in juvenile delinquency or dependency cases.(iii) Two nonvoting members who are currently employed as public defense providers in this state, one of whom is from an urban area and one of whom is from a rural area.(C) The Chief Justice shall appoint, from among persons recommended by the President of the Senate:(i) One voting member who is a current dean or faculty member of an Oregon law school.(ii) One nonvoting member who is a member of the Senate at the time of appointment.(D) The Chief Justice shall appoint, from among persons recommended by the Speaker of the House of Representatives: (i) One voting member who has expertise in juvenile law and criminal defense, or who is a juvenile justice or criminal justice reform advocate.(ii) One nonvoting member who is a member of the House of Representatives at the time of appointment.(E) The Chief Justice shall appoint one voting member from among persons jointly recommended by the President of the Senate and the Speaker of the House of Representatives.(b) When recommending and appointing members of the commission, the Chief Justice, Governor, President of the Senate and Speaker of the House of Representatives shall:(A) Consider input from individuals and organizations with an interest in the delivery of public defense services.(B) Consider geographic, racial, ethnic and gender diversity.(C) Ensure that members appointed to the commission have significant experience with issues related to public defense or in the case types subject to representation by public defense providers.(D) Ensure that members appointed to the commission have demonstrated a strong commitment to quality public defense representation.(c) The following persons may not be appointed to and may not serve as members of the commission: (A) A prosecuting attorney.(B) A judge, magistrate or other person who performs judicial functions.(C) An employee of a law enforcement agency or the Department of Human Services.(d) A person who is primarily engaged in providing public defense services and who has a financial interest in the delivery of public defense services at the state level may not serve as a voting member of the commission.(e) As used in this subsection, "law enforcement agency" means an entity that employs corrections officers, parole and probation officers, police officers, certified reserve officers or reserve officers, as those terms are defined in ORS 181A.355.(3) The term of a member is four years beginning on the effective date of the order of the Chief Justice appointing the member. A member is eligible for reappointment if qualified for membership at the time of reappointment, but may serve no more than two consecutive four-year terms. The Chief Justice may remove any member of the commission at any time for cause. If a vacancy occurs for any cause before the expiration of the term of a member, the Chief Justice shall make an appointment to fill the vacancy, in the same manner as an appointment to a full term, to become immediately effective for the unexpired term. If the Chief Justice has not filled a vacancy within 45 days after the vacancy occurs, the remaining voting members of the commission shall, by a majority vote, select a member to fill the vacancy for the remainder of the term. The selected member must meet the requirements for membership described in this section.(4) A chairperson and a vice chairperson shall be elected by the voting members of the commission every two years with such functions as the commission may determine. A member is eligible for reelection as chairperson or vice chairperson.(5) A majority of the voting members constitutes a quorum for the transaction of business.(6)(a) All members of the commission shall:(A) Review the policies, procedures, standards and guidelines required by ORS 151.216 and provide input before the approval vote described in paragraph (b) of this subsection.(B) Review the budget of the commission and provide input before the approval vote described in paragraph (b) of this subsection.(C) Meet as needed to carry out the duties described in this subsection.(b) The voting members of the commission shall:(A) Appoint, by a two-thirds vote, an executive director for a term of office of four years. The term may be terminated for cause by a majority vote of the voting members after notice and a hearing. When the term of an executive director ends without termination, the voting members of the commission may reappoint the person currently in the position by a majority vote.(B) Upon the vacancy of the executive director position, immediately designate an acting executive director by a majority vote.(C) Approve by majority vote the policies, procedures, standards and guidelines required by ORS 151.216 before those policies, procedures, standards and guidelines may take effect.(D) Approve by majority vote the budget of the commission before submission to the Legislative Assembly.(7) The members of the commission may not:(a) Make any decision regarding the handling of any individual case;(b) Have access to any case file; or(c) Interfere with the executive director or any member of the staff of the executive director in carrying out professional duties involving the legal representation of public defense clients.(8) A member of the commission is entitled to compensation for services as a member, and to expenses, as provided in ORS 292.495.Amended by 2023 Ch. 281,§ 2, eff. 7/13/2023, op. 1/1/2024.Amended by 2021 Ch. 202, § 1, eff. 6/11/2021.2001 c.962 §2; 2003 c. 449, § 15 The amendments to 151.213 by section 77, chapter 281, Oregon Laws 2023, become operative January 1, 2025. See section 92, chapter 281, Oregon Laws 2023. The text that is operative from January 1, 2025, until July 1, 2027, is set forth for the user's convenience.
This section is set out more than once due to postponed, multiple, or conflicting amendments.