This Op-Ed was originally published in The Oregonian. You can access the original version at this link.
Sandy Chung and Nkenge Harmon Johnson
No one should face criminal charges without access to an attorney, regardless of financial resources. Yet hundreds of Oregonians are currently stuck in limbo because the state government has failed to uphold its constitutional responsibility to provide adequate legal counsel to those who can’t afford a private attorney.
In the upcoming legislative session, Oregon leaders have an opportunity to support and resource our public defense system and build an infrastructure that produces more just outcomes for all communities. We are optimistic that the new leadership at the Oregon Supreme Court and the Office of Public Defense Services, as well as the Legislature and governor’s office, will collaborate on solutions with fresh perspectives and energy.
When our public defense system is crumbling, we cannot have confidence that the criminal legal system is keeping us safe or producing just outcomes. Prosecutors are continuing to file thousands of cases a year — including many cases involving low-level or nonviolent crimes — knowing that there are not enough public defense providers available to support everyone who needs legal representation. This leads to an imbalanced, unsustainable system where people accused of a crime are either indefinitely stuck in limbo waiting for the state to find an attorney or left to negotiate plea deals through an attorney who has more cases than they can reasonably or humanely be expected to juggle. Occasional case dismissals help create relief but they are not systemic or long-term solutions. It is a system destined to fail — and that’s exactly what is happening.
People’s lives can forever be changed by an unjust ruling — leading to excessive prison and jail sentences, separation from family, fines and debt, restricted job and housing opportunities, and isolation and trauma. Victims and survivors of crime are also harmed when justice is delayed and the system is too overloaded to center their individual needs.
What happens in our criminal legal system impacts all of us, but it disproportionately harms Black and brown Oregonians as they are more likely to both be arrested and be victimized by crime. Supporting our public defense system is an integral step toward a more equitable and just Oregon.
The ACLU of Oregon, Urban League of Portland and AFSCME have teamed up with Fair Shot for All Oregon to advocate for both immediate harm reduction fixes and longer-term solutions. It is simply not enough to hire more defense attorneys or pay them more — although these steps are needed. We also need to examine prosecution practices and more effective routes to justice outside of incarceration and crushing fines. We need judges to balance the scales of justice by dismissing nonviolent cases and prioritizing limited resources for those cases that make our communities truly safer.
By supporting Senate Bill 413, we can create a human-centered system where:
- Individuals engaged with the criminal legal system have access to wraparound services that address root causes of crime — such as housing, addiction treatment, and mental health treatment — all with a culturally specific lens that supports those most harmed by our systems;
- Families and employers experience less disruption and upheaval;
- Student loans for public defense attorneys and staff are forgiven to help create a more robust and sustainable workforce;
- Oregon’s public defense attorneys are representative of the clients they are serving, and burnout rates are lowered; and
- We lessen the backlogs for trial and help funnel our limited criminal legal resources to the most serious crimes by creating a pathway for low-level or nonviolent crimes to be dealt with by alternative forms of sentencing, such as counseling or community service.
We urge Oregon legislators to join us. Together, we can rebuild our criminal legal system to ensure safety and justice while rooting out racism and classism.
