As Oregon Gov. Tina Kotek calls on the state’s new public defense chief to develop a plan and timeline to fix the state’s crumbling legal representation system, a coalition of public defenders has already done some of that legwork. 

Nearly 4,000 Oregonians are waiting for court-appointed attorneys in their legal cases, a problem that Kotek and others have called a full-blown crisis in the state’s justice system.

The crisis has persisted for years, slowing criminal proceedings and drawing concern from both sides of the courtroom.

In a report released in March, Public Defenders of Oregon called for immediate action, laying a series of legislative reforms and long-term structural changes aimed at ensuring people accused of crimes receive timely and effective legal representation.

Public Defenders of Oregon is a coalition of a dozen public defenders groups from across the state. Collectively, these organizations handle tens of thousands of cases each year across 19 counties, and plays a central role in training nearly all of Oregon’s new public defenders. 

The group says Oregon’s system is buckling under the weight of rising caseloads, chronic understaffing and inadequate funding. 

Nearly 90% of those facing criminal charges in the state cannot afford an attorney. Case filings are expected to increase by more than 20% through 2027, according to projections from the Oregon Judicial Department.

“Public defenders across the state are working around the clock to meet the overwhelming and increasing demand for our services,” the group wrote. “However, we cannot solve this crisis alone. We need all actors in the system to collaborate on thoughtful and realistic solutions, and to recognize the ways in which they have contributed to this crisis. Repeating mistakes of the past — excessive public defender caseloads and inadequate public defender pay — will only deepen the problem.”

Among the report’s key recommendations is a call for the state to immediately increase the number of public defenders by providing additional funding to nonprofit providers, who currently recruit and train the largest number of defense attorneys in Oregon. The group also wants local officials in counties with high numbers of unrepresented defendants to hold regular, solutions-focused meetings between judges, district attorneys, defense providers, and representatives from Kotek’s office.

The coalition urged a more aggressive approach to moving cases through the court system. Encouraging judges to reduce delays and giving judges the authority to approve entry into drug and mental health courts without needing a prosecutor’s sign-off, a move the coalition says would speed up cases and save resources. Another proposal would allow judges to essentially preview the sentence they would impose if a defendant pleaded guilty, giving both sides a clearer path to resolution without a full trial.

The report also calls for a $19 million investment to raise nonprofit public defender salaries to match those of prosecutors. This, the group argued, would help retain experienced attorneys, who are often driven away from public defense work by other, higher-paying jobs. 

Other recommendations include adopting more sustainable caseload standards, offering hiring bonuses for new attorneys, investing in a statewide case management system and creating new diversion options to keep low-level, non-violent offenders out of the court system entirely.

These changes are needed, the organization concluded, in order for Oregon to fulfill its constitutional obligations to provide legal representation to clients.

“Fortunately, this crisis is solvable,” the organization wrote. “With smart investments, innovative practices, and honest dialogue, we can strengthen our public defense system and ensure equal access to justice for all Oregonians.”