Oregon Supreme Court Rules Cases Must Be Dismissed When Defendants Go Too Long Without a Court Appointed Attorney

In a landmark ruling on Thursday, the Oregon Supreme Court ruled that criminal charges must be dismissed when the state fails to provide a court-appointed attorney within specific deadlines.

Oregon Court Rules Cases To Be Dismissed If Defendants Have No Court-appointed Attorney

In the case of Allen Rex Roberts, a defendant charged with unauthorized use of a vehicle and possession of a stolen vehicle, Roberts was without representation for nearly a year while his case sat idle, even though he qualified for a court-appointed attorney. None were available, and the trial court eventually dismissed the charges.

In a unanimous decision, the Oregon Supreme Court, Justice Rebecca Duncan noted that a defendant’s legal interests are at risk of prejudice because they are without anyone to advise them, address pretrial restrictions on their liberty, assert their rights, and prepare their defense without legal representation.

Leaving a criminal defendant without legal representation for months violates the Oregon Constitution’s right-to-counsel guarantee.

The State v. Roberts decision means trial courts must now dismiss cases after 60 days without an attorney in misdemeanor cases and 90 days in felony cases.

But the ruling does not permanently block prosecutions- cases will be dismissed without prejudice until prosecutors can refile charges later when an attorney is available.

As a result, 1,465 criminal cases statewide will likely be dismissed, including 915 in Multnomah County and 263 in Washington County.

Yet, Oregon’s public defense system costs the state more than $300 million a year on indigent defense- roughly four times the national average per capita.

Concerns have been raised that, despite the higher-than-average budget, timely representation remains unavailable.

The ruling comes as Oregon faces a crisis with a years-long shortage of public defenders, leaving thousands of defendants waiting months for legal representation.

Prosecutors are also concerned that the victim’s right to justice, the public’s right to safety, and Oregonians’ right to a functional public defense system are being overlooked, but they respect the constitutional right to counsel.