(1) Except as provided otherwise by statute,1 in any case in which one of the parties is represented by court-appointed counsel,2 the court on motion of the respondent may summarily affirm the judgment if the court concludes, after submission of the appellant’s opening brief and without submission of the respondent’s answering brief, that the appeal does not present a substantial question of law. The Chief Judge may deny a motion for summary affirmance and may grant an unopposed motion for summary affirmance. Only the court may grant, in the manner provided by ORS 2.570, a motion for summary affirmance to which the appellant has filed written opposition. A summary affirmance under this rule constitutes a decision on the merits of the appeal.
(2) If a motion for summary affirmance is filed under ORS 138.225, ORS 138.660, or ORS 34.712, or subsection (1) of this rule and counsel has filed a Balfour brief under ORAP 5.90 with a Section B or, with leave of the court, counsel’s client has filed a supplemental pro se brief,3 counsel forthwith shall forward a copy of the motion for summary affirmance to the client. The client shall have 35 days after the date the motion for summary affirmance was filed to file an answer to the motion.
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1 See, e.g., ORS 138.225 (relating to appeals in criminal cases), ORS 138.660 (relating to appeals in post-conviction relief cases), and ORS 34.712 (relating to appeals in habeas corpus cases).
2 For example, appeals in civil commitment cases under ORS chapters 426 or 427 and appeals arising from juvenile court under ORS 419A.200.
3 “Pro se” means “for oneself” or “on one’s own behalf.” A supplemental pro se brief is the product of the party himself or herself, and not of the attorney representing the party.
