State ex rel. Curvey v. Mason

As in State ex rel Roby v. Mason, 284 Or 427, 587 P2d 94 (1978), we have before us a petition by appointed counsel in a habeas corpus challenge to extradition for an allowance of attorney fees incurred in petitioning this court for review. In Roby’s case we found no statutory authority for this court to award fees in such a proceeding.

In 1979, a new section concerning attorney fees, ORS 34.355, was added to the statutory provisions for writs of habeas corpus. It provides:

"If counsel is appointed by a court to represent, in an initial proceeding by habeas corpus or on appeal as provided in ORS…