State v. McCarthy, 473 P.3d 74

Defendant convicted of failure to appear and unlawful possession of heroin; placed on probation and later arraigned on alleged probation violations.
At the January 3, 2018 hearing the trial judge appointed counsel but the transcript does not show imposition of attorney fees.
The court collection clerk signed two supplemental judgments the same day titled "SUPPLEMENTAL JUDGMENT RE: COURT-APPOINTED ATTORNEY FEES," each ordering $120 toward court-appointed counsel.
The State relied on Chief Justice Order No. 04-031 and Clackamas County Presiding Judge Order No. 2015-06 (PJ Order 2015-06) as authorizing the court collection clerk to sign such judgments.
Defendant appealed, arguing (1) the clerk lacked authority to sign and (2) the record contains no finding that he had financial resources to pay the imposed fees under ORS 151.487; the parties ultimately agreed the fees were imposed in error on the record.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the court collection clerk was authorized to sign the supplemental judgments	CJ Order No. 04-031 and PJ Order No. 2015-06 lawfully delegated signing authority to trial court administrators and their deputies	Chief Justice lacked authority to permit delegation under cited statutes; delegation (if any) limited to administrators, not deputy clerks	Clerk authorized: Chief Justice had implied administrative authority under ORS 1.002; presiding judge properly delegated to trial court administrator, who delegated to deputy clerk under ORS 8.225(4)
Whether attorney fees could be imposed absent a record finding that defendant has financial resources to pay under ORS 151.487	State conceded ORS 151.487 authorizes fees only if the court finds the person has financial resources; no evidence supports that finding here	Defendant argued trial court erred and preservation rules do not bar review because the fees first appeared in the judgment	Fees improperly imposed: statute requires a court finding of ability to pay; record contains no such finding, so supplemental judgments ordering fees reversed

State ex rel. Juv. Dept. v. J. W., 345 Or. 292, 193 P.3d 20 (2008) (judgment signature requirements are jurisdictional for appeal)
Smith v. Washington County, 180 Or. App. 505, 43 P.3d 1171 (2002) (broad implied administrative authority under ORS 1.002)
State v. Venturi, 166 Or. App. 46, 998 P.2d 748 (2000) (record may support inference of statutory findings for imposing fees)
State v. Mickow, 277 Or. App. 497, 371 P.3d 1275 (2016) (will not assume statutory procedures were followed absent affirmative record support)
State v. Flynn, 89 Or. App. 47, 747 P.2d 376 (1987) (court may not delegate judicial determinations required by statute)
State v. Pendergrapht, 251 Or. App. 630, 284 P.3d 573 (2012) (a court may not impose fees when record is silent regarding ability to pay)