Jackson County’s chief prosecutor is concerned a recent Oregon Supreme Court ruling, which orders the dismissal of charges if a defendant is without representation for too long, will have consequences for public safety.
The Feb. 5 decision requires a court to drop charges if a person does not have access to a public defender within two months for a misdemeanor and three months for a felony. Defendants without access to an attorney within seven days of their initial court appearance are already released from custody due to a 2023 federal ruling.
District Attorney Patrick Green said he expects the courts to dismiss more than 100 charges in Jackson County this week. He said that will also throw out pre-trial conditions, like a requirement for people charged with assault to not contact their alleged victim.
“I think it's a bad decision for victims. I think it's a bad decision for public safety,” Green said. “I think we're going to see the consequences.”
Green said he would have liked the ruling to have more consideration for crime victims.
“I think we can all agree that somebody facing criminal charges should get timely access to defense counsel, but I think you've got to consider the real-world realities,” he said.
Green said the decision could even open new strategies for defendants.
“We do see some defendants intentionally delay proceedings by firing their attorney, and so this opinion really leaves open that hole,” Green said. “I would imagine it won't take long for defendants to kind of catch on to that.”
If a court dismisses a case, prosecutors can't refile charges for certain classes of misdemeanors or if the statute of limitations has run out.
Jackson County has cut its backlog of defendants without representation by half in the last two years, Green said. But the county still has more than 400 defendants with no attorney — the third-highest in the state. Douglas County has the fourth highest number at 180.
Green said the majority of defendants in Jackson County without representation are facing misdemeanors, which can include charges of assault or DUI.
The ruling notes a dismissal is not required if a defendant fails to appear for court. The decision also left open the possibility for “truly extraordinary circumstances” in which a court does not need to drop charges after the monthslong period.
Green said what those circumstances include will be eventually decided through litigation.
