State ex rel. Roby v. Mason

Petitioner applied to the circuit court of Multnomah County for a writ of habeas corpus to contest the legality of his arrest for purposes of extradition. ORS 133.787. The circuit court appointed counsel to represent petitioner on appeal of the court’s denial of the writ. Petitioner now moves this court for an order allowing attorney fees incurred in the preparation of his petition for review of the decision of the Court of Appeals affirming the trial court.

Petitioner cites ORS 138.500 as authority for allowing an attorney fee, but that section applies only to a "criminal action,” or a…