Opinion · Orlaw Oregon

CITY OF PORTLAND v. CLIFTON, 51 Or. App. 369 (1981)

625 P.2d 1343

Type
Opinion
Court
Orlaw Oregon
Jurisdiction
Orlaw
Date
1981-03-30
Topic
general

CITY OF PORTLAND v. CLIFTON, 51 Or. App. 369 (1981) 625 P.2d 1343 CITY OF PORTLAND, Appellant, v. CLIFTON, Respondent. (Cases Consolidated) No.

Citator

UpLaw has not yet analyzed CITY OF PORTLAND v. CLIFTON, 51 Or. App. 369 (1981). The absence of a flag is not a finding that it is good law.

CITY OF PORTLAND v. CLIFTON,51 Or. App. 369(1981)
625 P.2d 1343
CITY OF PORTLAND,Appellant,v. CLIFTON,Respondent.(Cases Consolidated)
No. DA 184935-8001, CA 18484, No. DA 187250-8002, CA 18485
Oregon Court of Appeals.
On respondent's petition for attorney fees filed February 17, 1981
Petition allowed March 30, 1981
Appeal from District Court, Multnomah County.

Aaron Brown, Jr., Judge.
Charles D. Colett, Oregon City, for the petition.
Before Joseph, Chief Judge, and Thornton and Warden Judges.
JOSEPH, C. J.

Petition allowed in the amount of $550.Page 370
[EDITORS' NOTE: THIS PAGE IS BLANK.]Page 371
JOSEPH, C. J.
After this court decidedCity of Portland v. Storholt,50 Or. App. 231,622 P.2d 764(1981), we reversed the judgment of conviction in this caseper curiam.50 Or. App. 613,622 P.2d 1158(1981). Appointed counsel for the defendant has petitioned for allowance of an attorney's fee pursuant to ORS138.500(3).

The case arose under an ordinance of the City of Portland. It was prosecuted in the district court in Multnomah County, pursuant to ORS46.045. ORS46.800provides, in pertinent part:
"(1) District courts are governed in their criminal and quasi-criminal actions and proceedings by the provisions of law regulating such actions and proceedings as provided in ORS chapters 131, 133, 135, 136 and 137, insofar as the same are or can be made applicable in the several cases arising before them * * *."


ORS46.810provides:
"An appeal taken from district court in a criminal action or proceeding shall be in accordance with and be subject to the provisions of ORS chapter 138."


Under ORS138.500(3), the Court of Appeals is required to determine, as provided by ORS135.055, and allow compensation for counsel appointed under ORS138.500. The compensation for counsel allowed by this court is to be paid by "[t]he county in which the final order or judgment appealed from was rendered * * *." The force of this statutory scheme is that petitioning counsel is entitled to a reasonable attorney's fee and that fee is to be paid by Multnomah County, in this instance. We write this opinion to call to the attention of the legislature the apparent inequity of requiring Multnomah County to pay the costs of defending a City of Portland prosecution.

Petition allowed in the amount of $550.Page 372
[EDITORS' NOTE: THIS PAGE IS BLANK.]Page 373