OAG 55-35.

• Case Date: April 07, 1955
• Court: Oregon

Oregon Attorney General Opinions 1955. OAG 55-35. 90OPINION NO. 55-35[27 Or. Op. Atty. Gen. 90]Any judgment imposing a fine upon a delinquent defendant who is a resident of another county must be enforced by the sheriff of the sentencing county pursuant to appropriate process under ORS 137.150.No. 3008April 7, 1955Honorable James K. GardnerDistrict Attorney, Washington County In your letter of March 24, 1955, you asked my opinion concerning the proper method of enforcing a judgment of a justice or district court imposing a fine in a case where the defendant has failed to pay the fine in accordance with the mandate of the judgment and has removed himself to a county other than that in which he was convicted. Under our statutes there are at least three ways of compelling payment and satisfaction of a judgment imposing a fine upon a defendant. The first of those is imprisonment or execution against the person under ORS 137.150 which provides as follows: "A judgment that the defendant pay a fine shall also direct that he be imprisoned in the county jail until the fine is satisfied, specifying the extent of the imprisonment, which cannot exceed one day for every $2 of the fine. In case the entry of judgment should omit to direct the imprisonment and the extent thereof, the judgment to pay the fine shall operate to require the imprisonment of the defendant until the fine is satisfied at the rate above mentioned." While it is true that the judgment of the court requires the defendant to pay money, the imprisonment prescribed by ORS 137.150 in case of default is not considered to be part of the punishment. In re application of Murphy, 119 Or. 658, 670, 49 A.L.R. 384. The length of the defendant's sojourn in prison remains under his control. The second method of enforcing the judgment is set forth in ORS 137.450 which authorizes execution against the defendant's property as in civil cases. ORS 137.450 provides as follows: "A judgment against the defendant in a criminal action or the private prosecutor, so far as it requires the payment of a fine or costs and disbursements of the action, or both, may be enforced as a judgment in a civil action." A possible third method of enforcement is provided in ORS 33.020 which authorizes judicial officers to punish for contempt in the case of disobedience or refusal to comply with an order or...