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In a 2-1 decision, the appeals court called Oregon鈥檚 public defense system a 鈥淪ixth Amendment nightmare,鈥 referencing the part of the U.S. Constitution that requires the state to provide defense attorneys to those it charges with crimes if they cannot afford a lawyer.
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A federal judge ruled earlier this month that Oregon jails must release people from jail if they haven't been assigned a lawyer after seven days. The 9th U.S. Circuit Court of Appeals put a temporary hold on that order.
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鈥淭he problem is institutional, and it is statewide,鈥 U.S. District Court Judge Michael McShane wrote.
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The Oregon Supreme Court late Friday dismissed a case designed to force changes in the state鈥檚 troubled public defense system.
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Attorneys with the Oregon Department of Justice say a case that cuts at the heart of the state鈥檚 overwhelmed public defense system 鈥 and that鈥檚 currently before the Oregon Supreme Court 鈥 could be moot because the attorney at the center of the debate has left his job. But they鈥檝e stopped short of asking the justices to toss out the case.
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A group of public defenders from Marion County asked the Oregon Supreme Court whether trial court judges can force an attorney to take an indigent defendant鈥檚 case. The justices will have to balance the legal protections for a person charged with a crime against the ethical obligations of a public defender.
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In the latest development in Oregon's public defender crisis, U.S. District Court Judge Michael McShane Tuesday ruled that anyone held in the Washington County jail without a court-appointed lawyer will be released 10 days after their initial court appearance.
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Oregon鈥檚 Federal Public Defender filed a class action lawsuit arguing people charged with state crimes in Washington County are being unlawfully held because they鈥檝e not been provided a lawyer.
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Oregon lawmakers agreed to overhaul the state鈥檚 criminal defense system, but their solution left many unanswered questions about how to solve the crisis of thousands of people accused of crimes with no lawyer.
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In a preliminary ruling, the Oregon Supreme Court found a state court judge erred by forcing a public defender to take a new client, over the objections of the lawyer's employer.
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Senate Bill 337 would make sweeping changes to Oregon鈥檚 public defense system, though some worry it erodes independence
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The shortage of defense lawyers has deprived hundreds of people of their constitutional right to a speedy trial. While waiting for an attorney, they鈥檝e had to put their lives on hold, while others, perhaps a dozen every month in Multnomah County alone, have had their cases dismissed, including for felonies.
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The proposal would set up an hourly payment system and put public defenders on staff to bolster their ranks to represent the hundreds of people without legal representation
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Officials have approved a plan for spending $10 million of emergency funding to address Oregon鈥檚 public defender crisis, which has left hundreds of people languishing in jails or in the community awaiting legal representation.