Motheir's attorney was not appointed, and she did not represent a child. The Supreme Court stated in Penrod/Brown v. Cupp, 284 Or. 417, 587 P.2d 96 (1978): "* * * Even when the appointment of counsel is itself constitutionally required, the court will not relieve counsel from the professional duty to render the required services without compensation if no law provides for public payment of such compensation.
In addition to the so-called historic role of attorneys as officers of the court, some decisions appear to rest upon a vague notion that lawyers have a professional obligation to provide gratuitous service upon court order. See e.g., State v. Ruiz, supra, 602 S.W.2d at 627 (dicta); State v. Keener, 224 Kan. 100, 577 P.2d 1182, 1184-85 (1978) (dicta); Penrod v. Cupp, 284 Or. 417, 587 P.2d 96, 97 (1978). See also State ex rel. Acocella v. Allen, 288 Or. 175, 604 P.2d 391, 394, n. 6 (1979).
In the absence of statutory authorization, attorneys in habeas corpus cases are not entitled to compensation. Penrod v. Cupp, 284 Or. 417, 587 P.2d 96 (1978). Cf. United States v. Dillon, 346 F.2d 633 (9th Cir), cert den 382 U.S. 978, 86 S Ct 550, 15 L Ed 2d 469 (1965).
A petition for a writ of habeas corpus ordinarily is neither of these. See Penrod/Brown v. Cupp, 284 Or. 417, 587 P.2d 96 (1978), decided today. 2.
PER CURIAM. Petitioners in these habeas corpus proceedings, consolidated for appeal and review, now move this court for an order allowing attorney fees and costs incurred in the presentation of their petition for review. Today's decision in Penrod v. Cupp and Brown v. Cupp, 284 Or. 417, 587 P.2d 96 (1978), holds that there is no statutory basis for such an order by this court. The motion is denied.