Oregon’s Public Defense Crisis: A Deepening Constitutional Emergency
Oregon’s public defense system is facing a severe crisis, with thousands of individuals charged with crimes lacking legal representation. Despite legislative efforts and increased funding, the shortage of public defenders continues to undermine the state's ability to uphold the constitutional right to counsel.opb+8The Bulletin+8Oregon Justice Resource Center+8AP News+5opb+5Oregon Justice Resource Center+5
The Scope of the Crisis
As of early 2025, nearly 4,000 Oregonians facing criminal charges do not have legal representation. Approximately 160 of these individuals are in custody, awaiting trial without an attorney. This situation has led to significant delays in the justice system, with some defendants waiting months for representation, and in extreme cases, serious charges being dismissed due to the lack of available counsel .opbopb+2Oregon Capital Chronicle+2AP News+2NHBA
Legislative and Structural Reforms
In response to the crisis, Oregon lawmakers have implemented several reforms:Oregon Justice Resource Center+4opb+4KGW+4
- Increased Funding: In 2023, the state allocated $96 million to address the public defense shortage, aiming to hire more attorneys and improve infrastructure .
- Organizational Changes: The Oregon Public Defense Commission (OPDC) was restructured, moving from the judicial to the executive branch to enhance accountability and oversight .Oregon Capital Chronicle+2apps.oregonlegislature.gov+2https://www.kptv.com+2
- Temporary Hourly Increase Program (THIP): Implemented to attract attorneys by offering higher hourly rates for in-custody cases, though its long-term effectiveness remains under evaluation .opb+6Oregon Capital Chronicle+6Oregon+6
Ongoing Challenges
Despite these efforts, the crisis persists due to several factors:
- Attorney Shortage: Oregon has only about 31% of the public defenders needed to meet current caseloads, leading to overwhelming workloads and burnout among existing staff .Axios+1Oregon Justice Resource Center+1
- Recriminalization of Drug Possession: The reversal of Measure 110, which had decriminalized small amounts of drugs, has led to a surge in misdemeanor cases, further burdening the public defense system .Axios+1The Guardian+1
- Delayed Justice: Victims and defendants alike face prolonged uncertainty. Cases are delayed, and some defendants remain incarcerated without representation, violating their constitutional rights .opb+7Oregon Capital Chronicle+7AP News+7
Judicial Intervention
In response to the ongoing violations of the Sixth Amendment, a federal judge mandated that Oregon must release any in-custody defendant who has not been assigned a public defender within seven days of their initial court appearance. This ruling aims to pressure the state into resolving the systemic issues plaguing its public defense system .AP News+2NHBA+2AP News+2AP News
Looking Forward
Governor Tina Kotek has emphasized the urgency of resolving the public defense crisis, appointing new leadership at the OPDC and setting clear expectations for reform. The state plans to hire additional attorneys and implement further structural changes. However, without sustained commitment and innovative solutions, the constitutional rights of Oregonians remain at risk.KGW+2https://www.kptv.com+2Oregon+2opb+2Oregon Capital Chronicle+2The Bulletin+2
HLG's Perspective
Oregon is spending a lot of money per capita on indigent defense, but is not getting the results its citizens need and deserve. Efforts to fully socialize the system and eliminate private law firms and attorneys from the public defense system have been counterproductive and have contributed to the current public defender shortage. We support the new direction the agency is taking this year, but it will take time to see tangible results.