Federal Judge Orders Oregon to Appoint Attorneys for Criminal Defendants Within 7 Days or Release Them From Jail

New rule triggered by public defense crisis in Oregon takes effect on Nov. 16, aimed at aiding approximately 135 jailed individuals without legal representation as state tackles persistent attorney shortage and overwhelmed public defense systems.

• A federal judge has ordered that Oregon counties must appoint attorneys to criminal defendants within a week of their first court appearance, or release them from jail.
• This ruling is a response to a crisis in the public defense system in Oregon, with the state facing numerous lawsuits due to an inability to meet their constitutional mandate of providing defense to those charged with crimes.
• Approximately 135 individuals in Oregon jails could be affected by this ruling, many of whom were assigned public defenders who never showed up to represent them.
• Oregon has historically struggled with issues such as uncompetitive pay, overwhelming caseloads, and a difficult to track contracting system, contributing to its attorney shortage problem.
• This ruling mirrors similar actions taken in other states to combat shortage in public defense, indicating a broader systemic issue across the country. For example, the Mississippi Supreme Court altered state rules to require poor criminal defendants be assigned an attorney before indictment due to prolonged case processing times.

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