(1) “Balfour” Petitions for Review
(a) In any case in which the petitioner on review is represented by court- appointed counsel on appeal, and counsel filed a “Balfour” brief in the Court of Appeals under ORAP 5.90(1), counsel may submit a petition for review under ORAP 9.05 that contains a Section A that complies with ORAP 9.05(3)(a) and a Section B that is the client’s product.
(b) If the client has filed a Section B pursuant to subparagraph (d)(i) of this rule, the cover of the petition shall contain a statement that Section B replicates Section B of the opening brief filed in the Court of Appeals.
(c) Section A of the petition for review shall contain:
(i) A statement of historical and procedural facts. as required by ORAP 9.05(4)(a);
(ii) A statement that the petition for review is being submitted pursuant to this rule and that counsel has thoroughly reviewed the Court of Appeals decision and the record, has discussed the case with the client, and has not identified any arguably meritorious issue to raise in a petition; and
(iii) Counsel’s signature.
(d) Section B of the petition for review is the client’s product and may contain any legal question that the client wishes the court to review.
(i) The client may submit, as Section B of the petition, the Section B of the opening brief filed in the Court of Appeals.
(ii) If the client does not submit the Section B of the opening brief filed in the Court of Appeals, the client shall attempt to identify in Section B of the petition the legal question, proposed rule of law, and reasons the case presents a significant issue of law as nearly as practicable in proper petition form, as set out in ORAP 9.05(4)(b) through (d). A Section B filed under this subparagraph shall not exceed 15 pages in length.
(iii) The last page of Section B of the petition shall contain the name and signature of the client.
(e) Counsel’s obligation with respect to Section B of the petition for review shall be limited to correcting obvious typographical errors, attaching the Court of Appeals decision, as required by ORAP 9.05(4)(e), preparing copies of the petition as needed, serving the appropriate parties, and filing the original petition with the court.
(2) Supplemental Pro Se Petitions for Review
(a) A client represented by court-appointed counsel on appeal, who is dissatisfied with a petition for review that counsel has filed, may file a supplemental pro se petition for review1 as set out in this subsection.
(b) If the client previously filed a supplemental pro se brief in the Court of Appeals under ORAP 5.92, the client may file a supplemental pro se petition for review without moving for leave to file.
(i) A supplemental pro se petition filed under his paragraph is due 14 days after the filing of the petition filed by counsel.
(ii) The cover of a supplemental pro se petition filed under this paragraph shall contain a statement that the client previously filed a supplemental pro se brief in the Court of Appeals.
(c) If the client did not previously file a supplemental pro se brief in the Court of Appeals under ORAP 5.92, either the client or counsel may move the court for leave to file a supplemental pro se petition for review, due 14 days after the filing of the petition filed by counsel. If the client files the motion, in addition to serving all other parties to the case, the client shall serve counsel with a copy of the motion. If counsel files the motion, in addition to serving all other parties to the case, counsel shall serve the client with a copy of the motion. Whoever files the motion may tender the proposed supplemental pro se petition along with the motion.
(d) Content.
(i) If the client previously filed a supplemental pro se brief in the Court of Appeals under ORAP 5.92, the client may submit, as the client’s supplemental pro se petition for review, all or part of the supplemental pro se brief filed in the Court of Appeals. If the client does so, the cover of the supplemental pro se petition shall contain a statement that the supplemental pro se petition replicates all or part of the pro se supplemental brief filed in the Court of Appeals.
(ii) Otherwise, the client shall attempt to prepare a supplemental pro se petition for review, whether filed under paragraph (2)(b) or (c) of this rule, as nearly as practicable, in the proper form and with the proper content, as required by ORAP 9.05(3) and (4), except that the petition must not exceed either 5,000 words or, alternatively, 15 pages in length.
(iii) The last page of the supplemental pro se petition shall contain the name and signature of the client.
(e) A supplemental pro se petition for review is the client’s product; therefore, if the client requests assistance in preparing the petition, counsel’s obligation shall be limited to correcting obvious typographical errors, preparing copies of the petition for review as needed, serving the appropriate parties, and filing the original petition with the court. If the client prepares and files the supplemental pro se petition without the assistance of counsel, in addition to serving all other parties to the appeal as required by ORAP 9.05(3)(b), the client shall serve a copy of the petition on counsel.
(f) The provision of ORAP 16.15(1) requiring that all electronic filings be text-searchable does not apply to a supplemental pro se petition for review filed under this subsection.
(3) Pro Se Petitions for Review
(a) A client represented by court-appointed counsel on appeal, whose counsel has decided that a petition for review should not be filed, may file a pro se petition for review.
(b) The client shall file and submit the pro se petition for review pursuant to ORAP 9.05(2).
(c) If the client is filing a pro se petition for review pursuant to subparagraph (d)(i) of this rule, the cover of the petition shall contain a statement that the petition replicates all or part of the supplemental pro se brief filed in the Court of Appeals.
(d) Content.
(i) If the client previously filed a supplemental pro se brief in the Court of Appeals under ORAP 5.92, the client may submit, as the client’s supplemental pro se petition for review, all or part of the supplemental pro se brief filed in the Court of Appeals.
(ii) Otherwise, the client shall prepare the pro se petition for review, as nearly as practicable, in the proper form and with the proper content, as required by ORAP 9.05(3) and (4), except that the petition must not exceed either 5,000 words or, alternatively, 15 pages in length.
(iii) The last page shall contain the name and signature of the client.
(e) In addition to serving all other parties to the appeal as required by ORAP 9.05(3)(b), the client shall serve a copy of the petition on counsel.
(f) The provision of ORAP 16.15(1) requiring that all electronic filings be text-searchable does not apply to a pro se petition for review filed under this subsection.
- “Pro se” means “for oneself” or “on one’s own behalf.” A supplemental pro se petition for review filed under subsection (2) of this rule, and also a pro se petition filed under subsection (3) of this rule, is the product of the party themselves, and not of the attorney representing the party. ↩︎
