Oregon
Oregon public defenders warn of ongoing crisis as defendants remain without representation
The exterior of Deschutes Defenders office at 215 NW Greenwood Ave., in Bend, Ore., on Sept. 2, 2024. This week, Oregon’s state court administrator warns of the statewide shortage of public defenders that has left many defendants without legal representation.
Winston Szeto / OPB
The number of people who have been accused of a crime and are without an attorney — a constitutional right — has reached an all-time high in Oregon.
In the last month alone, the number of unrepresented individuals increased by 11%, Nancy Cozine, the state’s top court administrator, told state lawmakers this week.
Oregon’s shortage of public defenders has been a high-profile problem for several years. But the latest numbers illustrate the disheartening reality that even after lawmakers funneled more than $90 million more into the system in 2023 and dedicated brain power to fixing the problem. It’s not been enough.
As of the end of January, there were 4,178 individuals who didn’t have an attorney statewide. The highest number of individuals in this situation are in Multnomah (1,172), Marion (756), Jackson (754), Washington (628), Douglas (253) and Coos counties (99).
Another eyebrow-raising statistic: 731 people who have been without representation for more than six months. Most of the people are currently not incarcerated; 191 are in custody.
The bulk of the charges are driving under the influence of intoxication, which is nearly 17% of the cases. For out-of-custody felony cases, the average wait time to get an attorney has increased to an average of 110 days.
Oregon lawmakers consider bill to overhaul public defense system
Amanda Dalton, a lobbyist with the Oregon District Attorneys Association, told lawmakers this week, it’s not just misdemeanor crimes that are going unchecked. There are worse crimes where people are being let out of custody because there are no attorneys. Like a case in Douglas County, where a person is being accused of raping a minor and spent 22 months without counsel. The person was released because no attorney was present.
The problems in the system were identified years ago. In 2018, a report found that Oregon’s system of state public defense is so bureaucratic and structurally flawed it couldn’t guarantee clients were getting the legal defense they are owed — a requirement of the U.S. Constitution. The constitution requires a defendant who cannot afford to hire their own attorney to be provided counsel at public expense.
In 2023, lawmakers made substantive changes to the system; although even then there were calls from public defenders that they didn’t go far enough. The public defense commission, the independent body that is appointed by the chief justice of the state’s Supreme Court, said they are in the midst of trying to fix a complicated system that has been broken for years and it’s a long process. The commission hired a new leader in late 2022, after the head of the commission was ousted.
The head of Oregon’s public defense system is fired, after months of tumult
Most recently, there has been some high-profile disagreements over how to frame the crisis. During an interview with OPB last month, Multnomah County District Attorney Nathan Vasquez offered a sharp critique of many of the county’s public defenders.
“I call it the work stoppage,” said Vasquez, who took office last month.. “I hear it referred to as a defense attorney crisis. I don’t accept that. I don’t agree with that terminology. I see it much differently.”
Following the comments, many public defenders have expressed concern and anger over Vasquez’s remarks.
Stacey Reding, executive director of Metropolitan Defenders Inc., said “calling it a work stoppage is insulting.”
Multnomah County’s new top prosecutor will push for more jail beds to curb substance use, calls out public defenders
Reding said she’s had high turnover in her office. New attorneys often have less experience, she said, and can’t take as many cases as the lawyers they’re replacing.
“Our district attorney’s office could take actions that would help with the public defense crisis,” Reding said. “In Multnomah County, our attorneys prepare a lot of cases for trial that turn into dismissals on the eve of trial. If our district attorney’s office could identify those cases that are dismissals much earlier in the process and dismiss them, that would save many hours of defense attorney time that we could then turn around and focus on taking new cases.”
The Oregon Ducks are set for one of the biggest timelines of their recruiting cycle, as many top targets are nearing commitments. This time around, the Ducks have a ton of top targets still remaining on their board compared to past seasons, as the Ducks have eight total commitments at this time.
Oregon coach Dan Lanning and his staff still need to land a safety commitment, but three-star safety Elijah Butler out of Maryland recently included the Ducks in his final six schools.
Oregon Target Elijah Butler Makes Exciting Recruiting Announcement
Butler announced his top six schools ahead of a crucial part of his recruitment, according to a graphic by Leyton Roberts. The Ducks made the cut alongside the Maryland Terrapins, Virginia Tech Hokies, Auburn Tigers, Florida Gators, and the Alabama Crimson Tide. The talented prospect would be a great addition for any of these teams, as they could all use a safety prospect at this point in the recruiting timeline.
Butler is from the state of Maryland, which makes the Terrapins one to watch.
It is also worth noting that he has been labeled as one of the best players in the state of Maryland, as he currently ranks as the state’s No. 9 prospect, according to Rivals. This is important as the Terrapins have always made solid attempts to land their in-state stars, including last season when they landed one of the better players in the state’s history, Zion Elee.
As of now, the prospect hasn’t been predicted to land with any of these schools, which means it is likely still a tight race entering the official visit schedule. He has yet to schedule an official visit with all of the schools he has listed in his top six, as he is still missing three key official visits. Butler has scheduled official visits with Alabama, Auburn, and Florida, according to 247Sports. This means he still needs to set one with Oregon, Virginia Tech, and Maryland if he wants to take one to each school.
If the Ducks are able to get Butler on a visit, then they would likely be in a more favorable position to land his commitment, as it currently. seems they are one of the trailing teams from this list. It seems highly unlikely that the Ducks will gain his commitment unless they get him on an official visit, which is still possible at this point, as plenty of top prospects across the nation are still scheduling their official visits.
As of now, the Ducks have 27 prospects set to take an official visit, according to 247Sports. Among all of the prospects who have scheduled a visit thus far, only one of the players is listed as a safety. That player is a three-star target, Junior Tu’upo. This leads one to believe that the Ducks could try to get Butler on a visit, or at a minimum, pitch their program to the prospect from St Frances Academy.
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BLUE RIVER, Ore. (KATU) — The founder of a former disaster relief nonprofit is being sued for allegedly diverting nearly $837,000 in donations and grants for personal gain.
Oregon Attorney General Dan Rayfield filed the lawsuit Thursday against the founder and executive director of Cascade Relief Team (CRT), Marcus Brooks. In the complaint, Rayfield calls CRT “a sham.”
Brooks is accused of stealing donations and government grants meant for disaster relief following wildfires and flooding in 2020, and using it for personal expenses including casino visits, travel, vehicles, and more.
CRT was founded in 2020 and was hired for cleanup and relief services following the Labor Day Wildfires that burned over 1 million acres across Oregon.
In Blue River, an unincorporated community in the McKenzie River Valley, the 2020 Holiday Farm Fire destroyed nearly 800 homes and burned more than 173,000 acres.
I am angry that my community was taken advantage of
Just months after the fire, long-time Blue River resident Melanie Stanley said CRT stepped in and promised help to the community.
“For us, it was…like a savior at that point,” Stanley said.
Stanley was the manager for the Blue River Resource Center and worked for Brooks to help facilitate recovery efforts. She said CRT operations slowly became questionable.
“None of us knew the level at which all of this stuff that finally came out was at,” Stanley said. “We knew that there was some stuff that had started to look hinky or feel hinky, or there was just some lack of communication that was happening. There were some other things that were happening, and so we just all were kind of guarded.”
In fall of 2023 the nonprofit was reported to have run out of money, and Brooks allegedly fired staff without disclosing the organization’s financial conditions and did not notify donors or beneficiaries. Stanley was one of those people fired.
The state now claims the funds that were meant to go towards communities like Blue River, never made it out of Brooks’ hands, including donations given by Blue River neighbors.
“I am angry that my community was taken advantage of, and I am angry that they now have to worry about trusting when something else happens, because we know something else is going to happen,” Stanley said. “We hope to God it’s never anything as big or as bad as what has happened, but you know, we also have learned that groups like Locals Helping Locals…they are our foundation, and they are because they’re us.”
The state is seeking to recover the money, permanently bar Brooks from serving in a leadership role at a charitable organization and dissolve the nonprofit.
Stanley said Brooks’ actions have tainted reputations.
“We as a community and as the people from the community who helped kind of put all of these things together, we did what was asked of us,” Stanley said. “We did help clean things, and we did help get things to provide, you know, more progress and get things moving forward, and we did good work, and so I just really hope that this is not overshadowed.”
According to Stanley, Blue River’s recovery now stands at 50%.
“We will be very picky from here on out about who and what groups gets let in to help with anything,” Stanley said. “And sadly, it may be to our detriment, but he did more damage now, as far as reputations go, and for that I’m angry. I’m very angry.”
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