Thousands left without representation as lawmakers grapple with public defender shortage

PORTLAND, Ore. (KOIN) – An ongoing public defender crisis has led to overcrowded jails and record-breaking numbers of people left unrepresented in Oregon.

The number of Oregonians charged with crimes without representation recently ballooned to more than 3,500 — with roughly 180 of those still in custody. The majority of this group are still awaiting trial without the ability to pay for a lawyer despite their constitutional right to one.

“We don't see the urgency on the reaction to the crisis, and it's important for Oregonians’ right to representation in court, and it's important to public safety for Oregonians that we see strong action,” Sen. Janeen Sollman (D-Forest Grove) told KOIN 6 News.

In a heated Legislative work session, Sen. Sollman called for "less talk and more action" from the newly-formed Oregon Public Defense Commission (OPDC) tasked with solving the state’s critical shortage.

“I don't believe that you see the crisis at hand and have a plan forward to address this in a way that doesn't require multi-millions of dollars,” Sollman said. 

This follows the commission’s recent request for 25 new public defenders at an estimated cost of $4 million while putting forth a plan to address the workload that was shared with Gov. Tina Kotek, who will oversee the agency as of Jan. 1, 2025.

In response to Sen. Sollman’s criticism, OPDC Executive Director Jessica Kampfe said they are they are “working tirelessly” to ensure all eligible defendants have timely access to legal representation by increasing the number of public defenders and opening trial offices in Portland, Salem and Medford.

"By building and maintaining a qualified public defense workforce, OPDC remains unwavering in its commitment to ensure that the constitutional rights of all Oregonians are met,” Kampfe said in a statement.

Sen. Sollman said the Oregon legislature is focused on making sure this crisis is addressed.

“That's why the legislature has reacted with the funding that we have, but it is also our place to hold agencies and commissions and such accountable for those dollars,” Sollman said.

As of late September, the state needs at least 22 additional public defenders to address the current workload. The issue became more complex after a U.S. district judge ruled in May that any person waiting for a public defender must be released from jail after seven days.

"It is a tiger that we have not been able to wrestle down,” OPDC Chair Jennifer Nash said. “It literally has kept me awake at night for years."