Mon. Nov 25th, 2024

courtroom

Public defenders often spend months preparing for trials only to have charges against their clients dismissed at the last possible moment. (Getty Images)

Despite recent reforms to the state’s public defense system, Oregonians still don’t have access to justice. Right now, there are still over 3,600 Oregonians who are facing charges but do not have an attorney, including over 150 held in jail without access to an attorney. This is an affront to our constitutional guarantee of legal representation for all.

Public defender offices like mine are necessary because nearly 80% of all people facing charges in Oregon cannot afford an attorney. Until recently, state contracts for public defense services incentivized high caseloads that left little time spent working for clients. Like all of us, public defenders want a safe and thriving community. We are committed to public service and justice and will not tolerate past practices that fail our clients and community members.

The stakes are incredibly high. For most Oregonians, even 24 hours in jail can be destabilizing. Being convicted of a misdemeanor could mean serving up to a year in jail, and often also leads to job loss, separation from children, loss of housing, and disrupted access to health care. The cascade of negative consequences can lead to a downward spiral instead of a pathway to justice.

For every client, a public defender should be more than a warm body. Public defenders review hundreds of pages of material and forensic reports, and analyze hours of video, cell phone and computer data, and various forms of digital evidence. We independently investigate the accusations against our clients, sometimes wait hours to visit with our clients when they are held in jail, and communicate with their loved ones. This work takes time, and is necessary and foundational. When an attorney is assigned over 100 cases at a time, as many are, it becomes impossible to provide adequate and responsible representation for all of the people we serve.

Due to decades of disinvestment, Oregon ranks nearly last in providing adequate public defense. In the last two years, state legislators have made significant reforms which have started to make a difference. However, we have more work to do to ensure everyone has adequate legal representation. State elected leaders can address the long standing inequities in the criminal legal system through smart investments to support the recruitment, training, and retention of public defenders.

The state’s criminal legal system suffers from high turnover rates in nonprofit public defense offices. A recent survey revealed that our offices lost 65 attorneys since July 2023 alone – a turnover rate of 24.6%. Defenders cite unsustainable caseloads, job stress, burnout, and non-competitive salaries as reasons for leaving. When experienced attorneys leave, it creates a vicious cycle for the public defenders who stay, severely impacting our overall ability to handle serious cases and train new recruits. 

Nonprofit public defender offices have always served as the primary training ground for new lawyers in this challenging area of the law. Law school simply does not prepare students for the work of a public defender. Oregon’s nonprofit public defenders understand this and invest heavily in training and supporting newcomers. We must develop a strong public defense workforce to meet Oregon’s overwhelming need.  

Importantly, public defenders, prosecutors, and judges all have roles to play in ensuring our limited resources aren’t depleted by unnecessary case filings. Right now the system is stymied by fast and loose charging practices, poor settlement offers, massive underutilization of treatment courts, and inequitable access to diversion options and dismissal programs. 

Public defenders spend months preparing for trials only to have charges against their clients dismissed at the last possible moment. We are not using scarce public resources wisely, locking up an attorney’s limited time preparing for a trial that could have been resolved months prior. Not only is this frustrating for the citizens involved, it adds to the frustration and overwhelm, forcing lawyers away from public defense work. 

We cannot have a fair, efficient, and just legal system for all without sustaining enough qualified public defense attorneys. By addressing the root causes of unreasonable caseloads and high turnover, and ensuring standards of ethical representation required of lawyers, we can strengthen our public defense system and uphold the constitutional rights of all Oregonians.

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