Oregon court debates right to legal defense for people who are poor

(SEPTEMBER 22, 2023) Oregon is facing a major problem with its public defense system, which is the legal support provided to those who cannot afford an attorney when charged with a crime. This issue has reached the highest court in the state, the Oregon Supreme Court. Public defenders in Marion County have asked the court whether judges can force attorneys to take on cases for defendants who cannot afford legal representation. The public defenders argue that assigning an overburdened attorney denies defendants their constitutional right to adequate help.

The judges, on the other hand, say they have a duty to protect the rights of defendants by appointing an attorney, even if the lawyer assigned to the case objects. This legal dispute began when a nonprofit organization, Public Defenders of Marion County, informed the court that their attorneys were already handling too many cases and could not provide proper representation to new clients. Despite objections from the public defenders, some judges appointed attorneys from their office to represent indigent defendants.

The Oregon Supreme Court initially sided with the public defenders, but Marion County Circuit Court Judge Thomas Hart refused to comply with the order, citing his obligation to protect the defendant's rights. The public defenders are now asking the Supreme Court to prevent judges from forcing attorneys to take on cases when they are already overwhelmed with their workload.

According to a national public defense expert, there is a longstanding law that prohibits attorneys, including public defenders, from taking on more cases than they can competently handle. Oregon's public defense system faces a severe shortage of attorneys, with only about one-third of the needed lawyers available. The state's attorneys argue that judges have the authority to determine whether appointed lawyers have the capacity to handle a case and are not required to defer to lawyers' claims that they cannot.

The case is now set to be heard by the Oregon Supreme Court.