Oregon's public defender shortage reaches tipping point
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More than 2,000 people facing criminal charges in Oregon cannot afford a lawyer, and the state doesn't have the resources to provide representation, despite the constitutional requirement to do so.
Why it matters: The lack of public defenders has led to defendants waiting in custody or being released without trials — ultimately threatening the viability of the justice system, according to the Oregon Judicial Department.
Catch up quick: This summer, the Federal Public Defender office in Oregon stepped in, filing a lawsuit in federal court, but focused on Washington County, west of Portland in the metro area.
- The suit claimed that the constitutional rights of defendants facing charges in Oregon county courts are being violated because local and state governments are not providing defense attorneys.
State of play: Last month, the federal judge overseeing the case ruled that any defendant without a lawyer in Washington County must be released within 10 days of entering custody.
- Now the Federal Public Defender office is asking the court to shorten that time period to 48 hours.
What they're saying: "Our lawsuit focuses on preventing this crisis from being born on the backs of indigent criminal defendants," assistant federal public defender Julie Vandiver told Axios.
Separately, Washington County made a dent in its backlog of cases that were held up by the public defender shortage in a six-week experiment earlier this year, which set up special court days to handle plea deals and made sure attorneys were on hand to advise defendants who needed them.
- However, officials say that was "unsustainable" as a long-term response.
- "We realized that we're not addressing the root cause, we're just addressing the symptoms of the problem," Washington County District Attorney Kevin Barton told Axios.
Meanwhile: Oregon lawmakers passed a bill this year requiring county courts to develop plans to solve the lack of public defenders.
- The recommendations vary per county, but paying public defenders more and lowering their caseloads are among the suggestions.
By the numbers: Multnomah County currently has the highest number of defendants without representation — nearly 600 – according to daily statistics compiled by the state.
- Jackson, Clackamas and Washington counties follow.
Of note: Multnomah County District Attorney Mike Schmidt regularly releases a count of cases that have been dismissed due to a lack of public defenders.
- Last week, he said six cases were dismissed, and in a one-time analysis found about half the cases dismissed were property crimes.
The lack of representation affects crime victims, who see cases go unresolved, and defendants, who are sometimes held in jail longer than they would have been if they'd had a lawyer.
What's next: On Thursday, the state commission overseeing Oregon's public defender services considers whether to increase attorneys' hourly pay and reviews plans courts have put together to increase representation.
- The next hearing in the federal lawsuit is scheduled for Oct. 24.