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Oregon defendants who do not have a lawyer must be released from jail, US appeals court rules | |
2024-06-03 | |
[FoxNews] The 9th US Circuit Court of Appeals wrote that Oregon's public defense system is a 'Sixth Amendment nightmare'
The 9th U.S. Circuit Court of Appeals wrote in its 2-1 decision on Friday that Oregon's public defense system is a "Sixth Amendment nightmare," referring to the part of the U.S. Constitution that guarantees people accused of crimes the right to a lawyer, OPB reported. The court emphasized that Oregon is responsible for ensuring legal protections for criminal defendants. Oregon, for years, has failed to provide public defenders for criminal defendants who need them amid its public defender crisis. As of Friday, more than 3,200 defendants did not have a public defender, according to data from the Oregon Judicial Department. Among those defendants, about 146 people were in custody, although a smaller number were expected to be impacted by Friday’s ruling, according to OPB. In March, a draft report from the Office of Public Defense Services found that Oregon needs 500 more attorneys to meet its obligations, according to OPB. State officials have attempted to address the issue, as well as providing additional funding, but structural issues still persist. Some changes are currently in progress, including hiring the first trial-level public defenders who are also state employees. And next year, the Oregon Public Defense Commission will move from the judiciary to the executive branch under the governor, a move state lawmakers hope will give the agency more support. The 9th Circuit's decision upheld a preliminary injunction issued last year by U.S. District Court Judge Michael McShane after 10 people in Washington County who were charged with crimes and held at the county jail while not having court-appointed attorneys filed a class action habeas corpus petition through the state’s federal public defender's office. Related: Oregon: 2024-05-29 Ringleader of Greater Idaho Movement reveals why Oregon counties want to secede and join the Gem State Oregon: 2024-05-26 A 13th Oregon County has Voted to Join the Greater Idaho Oregon: 2024-05-23 13th conservative Oregon county approves measure to secede and join 'Greater Idaho' Related: 9th U.S. Circuit Court of Appeals: 2023-12-02 Democrat attorneys general push court to strike down Idaho bathroom protection law 9th U.S. Circuit Court of Appeals: 2023-05-17 Theranos Founder Elizabeth Holmes, Partner of SD Hotel Heir, Loses Bid to Stay Out of Prison 9th U.S. Circuit Court of Appeals: 2022-08-14 Family of murdered Fort Hood soldier Vanessa Guillen files $35M lawsuit against U.S. Army | |
Posted by:Skidmark |
#4 Does refusing to get a lawyer count? |
Posted by: M. Murcek 2024-06-03 15:26 |
#3 So if you don't have a lawyer, you just walk? Perfect Woke solution for Blue cities, just defund the public defender's office and poof.... |
Posted by: NoMoreBS 2024-06-03 14:25 |
#2 I understand there are lots of unemployed or minimally employed lawyers around. $15 per hour and 5 clients per day should clear up this problem. |
Posted by: Glenmore 2024-06-03 13:14 |
#1 Oregon is in a state of perpetual embarrassment. |
Posted by: Super Hose 2024-06-03 07:51 |