Marion County, OR. — The Marion County District Attorney’s Office announced it has reduced its list of criminal defendants without appointed counsel to zero, days before a new Oregon Supreme Court ruling took effect requiring dismissal of cases when defendants are not timely represented.
In Oregon Supreme Court’s recent decision in State v. Roberts, the court held that criminal cases must be dismissed if a defendant is not provided an attorney within 60 days of their first court appearance in misdemeanor cases or 90 days in felony cases.
The ruling comes amid longstanding strain on Oregon’s public defense system. Courts across the state have faced persistent shortages of defense attorneys and growing numbers of unrepresented defendants. At one point, Marion County had nearly 1,000 individuals facing charges without court-appointed counsel.
Since the Roberts decision, district attorney offices in several counties — particularly those designated as “crisis counties” due to high numbers of unrepresented defendants — have dismissed cases that could not meet the new timeline.
Marion County officials said they avoided dismissals by reducing their unrepresented list to zero before the ruling’s impact took effect.
District Attorney Paige Clarkson credited coordination among prosecutors, defense providers and the court. Deputy district attorneys worked with the Marion County Association of Defense Counsel and then-Presiding Judge Tracy Prall to manage caseloads, establish special dockets and monitor attorney availability.
Previously classified as a crisis county, Marion County struggled when defense providers reached maximum allowable caseloads, known as “MAC,” leading to a backlog of unrepresented defendants. Prosecutors said they declined to dismiss cases, offer favorable resolutions solely due to representation shortages, or stop filing certain categories of cases. Instead, they prioritized in-custody cases and expanded docketing efforts while working with defense attorneys willing to accept additional appointments.
Clarkson said the county took the public defense shortage seriously from the outset and emphasized the importance of maintaining case movement through the courts.
Chief Deputy District Attorney Brendan Murphy said the effort reflects extensive work within the district attorney’s office and collaboration across the justice system. He noted that while statewide challenges remain, Marion County’s approach demonstrates the impact of local coordination.
The public defense crisis has prompted legislative action. During the 2025 session, lawmakers approved nearly a 15% budget increase for the Oregon Public Defense Commission, bringing its total allocation to $707 million. That marks a 49% increase from the 2019–20 biennium, when the state spent $367 million on public defense.
Clarkson said continued investment and commitment to representation are essential to meeting both constitutional requirements and public safety obligations statewide.
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