Alexander v. Johnson

In Alexander v. Johnson, 164 Ore. App. 235, 990 P.2d 929 (1999), the Court held that ORS 151.505 authorizes the award of attorney fees only in cases initiated after January 1, 1998, and that the trial court's award of attorney fees in violation of that statute is plain error that may be reviewed notwithstanding a petitioner's failure to object to the trial court. The Court further held that ORS 151.487(1) authorizes a trial court to order a petitioner to repay court-appointed attorney fees only at the time that the court determines that the petitioner is indigent and qualifies for court-appointed counsel. Id. at 239.