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MANAGEMENT UPDATE.

CAN OREGON FIX THE PUBLIC DEFENDER CRISIS

The shortage of public defense attorneys has been a significant problem across the US for many years. The gist of the issue: Public defense attorneys, who are burdened with very large caseloads, can’t give adequate attention to each client. As a Rand study noted several years ago, “excessive caseloads violate ethics rules and inevitably cause harm.”


Although part of the shortage is due to a lack of people who want to become public defenders, in late June, Oregon is taking a stab at alleviating this crisis in the justice system. 



Back in April, the governor fired the head of the Oregon Public Defense Commission which is responsible for contracting with all the state’s public defenders. What’s more, the commission itself has moved from the judicial branch to the executive branch.

The Commission’s interim director, Ken Sanchagrin, has put together a 38-page proposal to help with the shortage. According to Oregon Public Broadcasting (OPB), Sanchagrin’s plan entails: 


  • Identifying a pool of attorneys around Oregon who could take on additional cases.

  • Establishing diversion programs to help bypass courts.

  • Working closely with law schools to tap newly graduated lawyers. 


What’s more, reported OPB, “Sanchagrin’s plan also proposes building on the current team of state attorneys who he described as a ‘nimble strike team’ that could be deployed to counties that have a need.”


OPB also reports that he’ll be helped in realizing his goals with a budget that allocated over $2 million “to pay attorneys in the counties facing the largest crisis — Coos, Douglas, Jackson, Marion, Multnomah and Washington — to take on more cases. There is also money for training and recruiting at certain law schools and to allow for some law students to start taking on misdemeanor cases.”


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