State v. Kirschner

Summary

The Oregon Supreme Court held that wages lost by a victim who was subpoenaed to attend the defendant’s criminal trial and restitution hearing could be awarded as restitution under ORS 137.106. The American Rule did not bar recovery of those costs, provided the state established that they resulted from the defendant’s criminal activity and were reasonably foreseeable.

Holdings

1. Wages that a victim loses because the victim is subpoenaed to attend the defendant's criminal trial may be awarded as economic damages and restitution under ORS 137.106, provided the statutory requirements are satisfied.
2. The American Rule does not preclude an award of restitution for wages a victim loses while responding to a State-issued subpoena to testify at a restitution hearing.
3. A court may not award a victim's subpoena-related costs as economic damages unless the State establishes that the costs resulted from the defendant's criminal activity and were reasonably foreseeable.

Questions Presented

1. Whether wages lost by a victim while subpoenaed to attend the defendant's criminal trial qualify as economic damages recoverable as restitution under ORS 137.106.
2. Whether wages lost by a victim while subpoenaed to testify at a restitution hearing qualify as economic damages recoverable as restitution under ORS 137.106.
3. Whether the American Rule or ORCP 68 precludes awarding subpoena-related litigation costs as restitution.

Disposition

affirmed