ORAP 7.50

(1) Except as provided otherwise by statute,[fn 1] in any case in which one of the parties is

represented by court-appointed counsel,[fn 2] the court on motion of the respondent may summarily

affirm the judgment if the court concludes, after submission of the appellant's opening brief and

without submission of the respondent's answering brief, that the appeal does not present a

substantial question of law. The Chief Judge may deny a motion for summary affirmance and

may grant an unopposed motion for summary affirmance. Only the court may grant, in the

manner provided by ORS 2.570, a motion for summary affirmance to which the appellant has

filed written opposition. A summary affirmance under this rule constitutes a decision on the

merits of the appeal.

(2) If a motion for summary affirmance is filed under ORS 138.225, ORS 138.660, or

ORS 34.712, or subsection (1) of this rule and counsel has filed a Balfour brief under ORAP 5.90

with a Section B or, with leave of the court, counsel's client has filed a supplemental pro se

brief,[fn 3] counsel forthwith shall forward a copy of the motion for summary affirmance to the

client. The client shall have 35 days after the date the motion for summary affirmance was filed

to file an answer to the motion.