Oregon Supreme Court in Salem, Ore., May 19, 2021.
Kristyna Wentz-Graff / OPB
This past weekend marked the 60th anniversary of the U.S. Supreme Court ruling that requires the state to provide and pay for an attorney if it charges a person with a crime. The promise of Gideon v. Wainwright is particularly poignant in the midst of a nationwide public defender shortage. In Oregon, both prosecutors and public defenders say the situation here is nothing short of a crisis. An American Bar Association report called it unconstitutional. Democratic leadership in the Oregon Legislature has acknowledged the crisis and said addressing it is a priority. But with the 2023 session fully under way, public defenders say they don’t see meaningful action so far.
Meanwhile, attorneys in Marion County filed a recent motion that many hope will quickly make its way to the state supreme court. It asks for public defenders to be withdrawn from certain cases, for a stop to appointing lawyers to some new cases and a dismissal of remaining charges for anyone left without court-appointed counsel.
Federal Public Defender Lisa Hay, and Carl MacPherson, the executive director of Metropolitan Public Defender join us to discuss the challenges Oregon faces and possible ways forward.
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