Who can represent a defendant?

The practice of law is regulated by legislatures and courts. While statutes and rules vary among states, all 50 states prohibit the unauthorized practice of law. The legal system is complex. It is generally believed that restrictions prohibiting non-lawyers from acting as lawyers to others serve to protect the public from unfavorable consequences of the actions of persons who are insufficiently trained or who might use the system for their own gain. Also, there is concern that since non-lawyers are not officers of the court, they might not be accountable for their actions. As one court said back in 1877, "The license furnishes the evidence that the law demands for the security of the public, first that the holder thereof is a person of probity of character, and second, that he is skilled in the law, and, therefore, qualified to practice as an attorney and counselor." In Oregon, where you are from, with some exceptions, only lawyers who are licensed and active members of the Oregon State Bar may practice law in the state. The courts in Oregon have defined the practice of law as including, among other things, appearing on behalf of others in Oregon courts and administrative proceedings. One of the exceptions in Oregon is that a person may be represented by a non-lawyer in "justice courts." A justice court is a local court in which matters are presided over by a justice of the peace. Justice courts are a remnant from territorial days and are generally created by the county court or the board of county commissioners. Justice courts have jurisdiction over non-felony criminal offenses in their counties. Mostly they hear cases involving traffic, boating, wildlife and similar violations. Thus, as a defendant in an Oregon criminal case, unless you are being charged in a justice court, while you have the right to represent yourself, you do not have the right to be represented by a non-lawyer of your choosing. Jeralyn Merritt, Ask a Lawyer Panelist since 1998