Oregon Legislation Fails ATtempt to Make Attorneys Available to
Owners of Seized Property

- F.E.A.R. Chronicles, Vol. 2 No. 2 (July 1994)

The Oregon legislature amended their state forfeiture law
(originally similar to federal civil forfeiture law) in an effort
to provide owners of seized property an opportunity to obtain
assistance of counsel in contesting the forfeiture.  Oregon
forfeiture law now provides that prevailing claimants may ask the
court to award attorney fees.  
Yet, according to Oregon's Asset Forfeiture Oversight Advisory
Committee, only 7.11% of the 253 claimants who prevailed in Oregon
state forfeiture cases from February 1, 1992, through April 15,
1994, were actually awarded attorney fees.
The Oversight Committee's April 19, 1994 report reveals that the
Oregon amendment has fallen far short of making counsel available
to claimants.  Over 79% of claimants in Oregon state forfeiture
proceedings still represent themselves!  And this percentage does
not include those claimants who lacked the wherewithal (such as
money for cost bonds,  English communication skills, etc.) to bring
their case to court.