(1)(a) If the defendant in a criminal action appears without counsel at arraignment or thereafter, the court shall determine whether the defendant wishes to be represented by counsel. (b) If the defendant does wish to be represented by counsel, the court, in accordance with ORS 135.050, shall appoint counsel to represent the defendant. (c) If the defendant wishes to waive counsel, the court shall determine whether the defendant has made a knowing and voluntary waiver of counsel. The court shall accept the waiver of counsel if the defendant is not charged with a capital offense. The court may decline to accept the waiver of counsel if the defendant is charged with a capital offense. (d) If the court accepts a defendants waiver of counsel, the court may allow an attorney to serve as the defendants legal advisor and may, in accordance with ORS 135.050, appoint an attorney as the defendants legal advisor. (2) Appointment of counsel, including a legal advisor, under this section is subject to ORS 135.050, 135.055 and 151.485 to 151.497. [Formerly 135.320; 1987 c.803 13; 1989 c.171 16; 1989 c.1053 1a; 1991 c.790 11; 2001 c.472 1; 2001 c.962 24]
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