Antunez v. Lampert

I concur with the the majority’s conclusion that the trial court sufficiently “took account of’ petitioner’s ability to pay and the nature of the burden of paying the costs of his court-appointed attorney. ORS 151.505(4). However, I would hold that ORS 151.505(4) requires the court to consider those *198two factors in a manner that allows this court to review meaningfully for an abuse of discretion.

The facts are not disputed. Petitioner filed his petition for post-conviction relief in March 1998. The court appointed counsel to represent petitioner. The trial occurred in May 1999. At the end of…