Contractual caseload quotas force Oregon public defenders 'to operate beyond their ethical capacity,' suit says
A new state contract for organizations providing public defender services in Oregon has an unenforceable quota provision for caseloads that would often make it impossible for defense lawyers to do their jobs, according to a lawsuit filed Sept. 30.
The contract forces public defenders “to operate beyond their ethical capacity and in violation of the Oregon Constitution,” which requires effective assistance of counsel, according to the suit, filed in the Marion County Circuit Court in Oregon.
The suit was filed by Shannon Wilson, the executive director of the Public Defender of Marion County Inc. in Oregon, according to an Oct. 1 press release. The defendant is the Oregon Public Defense Commission, which oversees the public defense system in the state.
The commission’s contract converts prior maximum caseloads into required caseloads, the suit says. Under that new standard, attorneys would be asked to handle 300 misdemeanor cases per year “or the weighted equivalent of that number of cases for other case categories.” That would mean a caseload of six murder cases per year or 138 major felonies per year.
Offices that fall below that standard would likely be subject to financial penalties and ultimately termination of the contract, the suit says.
The workload requirements rely on “long-outdated standards,” rather than guidelines published in the 2023 National Public Defense Workload Study, according to a motion for a preliminary injunction. The newer study was developed by several groups, including the ABA Standing Committee on Legal Aid and Indigent Defense.
The workload requirements are unenforceable because they are against public policy, they require unethical behavior, they violate Oregon law, and they create a risk of clients’ right to effective assistance of counsel, according to the motion.
The suit seeks a declaration that the contract is unenforceable and an injunction replacing the old caseload standards in the contract with the newer standards.
The contract seeks to address a lack of representation in Oregon for criminal defendants, according to reports by OregonLive.com and the Salem Reporter. But Wilson said in a statement the contract “will increase the number of people facing life-changing consequences with an attorney in name only.”
According to previous reporting by the ABA Journal, Oregon is facing a public defense crisis caused by an exodus of public defenders who are leaving their jobs because of low pay and excessive caseloads.
The lead counsel for Wilson is Joshua Krumholz, a partner at Holland & Knight.
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