Criminal defendants in Oregon will have charges dismissed if they can’t get timely legal representation
Criminal defendants in Oregon who cannot get timely legal representation from the state must have their charges dismissed, the Oregon Supreme Court ruled Thursday. (Image from Shutterstock)
Criminal defendants in Oregon who cannot get timely legal representation from the state must have their charges dismissed, the Oregon Supreme Court ruled Thursday.
Under this decision, prosecutors would still be allowed to refile the case at a later time, the justices determined, so long as the state is able to provide counsel, Oregon Public Broadcasting and the Oregonian report.
“We acknowledge that setting such a limit involves a judgment call,” Justice Rebecca Duncan wrote in the 40-page opinion. “Oregon’s current public defense crisis requires us to make that call and establish a general rule that can be applied consistently across the state.”
The U.S. Constitution and the Oregon Constitution say people charged with a crime have the right to an attorney. For decades, states—including Oregon—have paid for public defenders for people who cannot otherwise afford a lawyer. Oregon has failed to meet that constitutional obligation for years, Oregon Public Broadcasting notes.
The Oregon Supreme Court found that a failure to appoint counsel harms criminal defendants by restricting their liberty but also denying them means to challenge charges or move their case forward, the story says.
The ABA Journal reported in August 2024 that Oregon, like many states, has faced a crisis in public defense because of low pay, excessive caseloads, frequent burnout and a “great resignation” of qualified attorneys that began during the COVID-19 pandemic.
“The defendant is without a legal advocate to review the state’s charges and evidence, gather and preserve defense evidence, and take steps to advance their case toward resolution—whether through dismissal, plea or trial,” Duncan wrote for the court. “Meanwhile, the state has counsel to protect its interests and prepare its case.”
Write a letter to the editor, share a story tip or update, or report an error.
