74th OREGON LEGISLATIVE ASSEMBLY--2007 Regular Session
 
NOTE:  Matter within  { +  braces and plus signs + } in an
amended section is new. Matter within  { -  braces and minus
signs - } is existing law to be omitted. New sections are within
 { +  braces and plus signs + } .
 
LC 2718
 
                         Senate Bill 612
 
Sponsored by Senator BROWN (at the request of Mark Kramer)
 
 
                             SUMMARY
 
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure as
introduced.
 
  Requires court to appoint attorney for child in certain
domestic relations proceedings if child's best interests are not
adequately represented.
 
                        A BILL FOR AN ACT
Relating to children in domestic relations proceedings.
Be It Enacted by the People of the State of Oregon:
  SECTION 1.  { + (1) In a proceeding under ORS 109.119, if the
court finds that a party has established a prima facie case of a
child-parent relationship and if custody of the child is at
issue, the court shall appoint an attorney to represent the
child.
  (2) Notwithstanding subsection (1) of this section, the court
is not required to appoint an attorney for the child if the court
makes written findings that the best interests of the child are
adequately represented by attorneys for the parties or by persons
appointed by the court under ORS 107.425.
  (3) Unless an attorney has accepted a pro bono appointment
under this section, the court shall assess and apportion among
the parties to the proceeding a fee for the appointed attorney's
services. The fee must reflect the attorney's services and the
attorney's rates for services under this section. The fee may not
be charged against funds appropriated for public defense
services.
  (4) The presiding judge of each judicial district shall:
  (a) Establish qualifications for attorneys appointed under this
section. In establishing qualifications, the presiding judge
shall take into consideration any guidelines recommended by the
statewide family law advisory committee.
  (b) Establish a list of qualified attorneys willing to accept
pro bono appointments or appointments under a modest means
program of the Oregon State Bar. However, a court may appoint an
attorney who is not on the list when:
  (A) The court determines the appointment is appropriate under
the circumstances; or
  (B) The parties agree upon and nominate an attorney who is not
on the list. + }
  SECTION 2.  { + Section 1 of this 2007 Act is added to and made
a part of ORS chapter 109. + }
                         ----------