Editorial: Oregon’s public defense crisis is predicted to get worse

Published 5:00 am Wednesday, February 5, 2025

In November 2023 in Josephine County, an 18-month law enforcement investigation was able to shut down a major drug operation.

Nine pounds of fentanyl, 37 firearms, 40 pounds of methamphetamine, 3 pounds of cocaine and a half pound of heroin were seized.

Some 10 defendants in the case still do not have attorneys.

Justice is undermined in Oregon because those cases cannot proceed. So is peace. Those are some of the costs of Oregon’s public defense crisis.

In Douglas County, an elderly man hired a person to work on his property. That person has been charged with burglary, theft, unauthorized use of a motor vehicle and conspiracy. The defendant has been without a lawyer for more than 400 days. Justice is undermined for both the victim and defendant.

Also in Douglas County, an individual was charged with multiple counts, including rape, unlawful sexual penetration and sex abuse. The victim was a minor under 12. No attorney was available and the defendant was released with conditions. The search for a lawyer for the defendant has gone on for 22 months. Justice is undermined.

In Jackson County a person was charged with strangulation constituting domestic violence. The defendant has gone 187 days without counsel. Again justice is undermined.

Those are a few examples highlighted for legislators Monday morning of what it means that Oregon’s public defense crisis continues.

The crisis is not in every county. Deschutes County has been able to work its way out of a deficit of public defense attorneys with recent hirings. And the absence of public defenders for defendants is only a small percentage of the overall cases in Oregon — maybe about 4% — legislators were told Tuesday.

But those qualifiers and exceptions are hollow and temporary.

The number of cases eligible for public defenders is predicted to grow by about 22% from 2025 to 2027. And that means there may only be more examples such as those we mentioned above of drug rings unprosecuted, sex crimes unprosecuted and more.

Legislators are still in the information gathering stage of the session to plan their next move on this issue. State Sen. Anthony Broadman, and Reps. Jason Kropf and Emerson Levy are some local contacts if you want to share your thoughts.

The number of unrepresented defendants in Oregon should be close to zero, not close to 4,000.

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