Reforms to align Oregon with national best practices, improve transparency
SALEM, Ore. — Senate Bill 337 was sent to Governor Tina Kotek’s desk today, after the Oregon House of Representatives approved the public defense reform bill. Together with a combined $96 million in systemic investments, these legislative actions will set the stage for a more just and equitable criminal legal system in Oregon.
SB 337 will improve access to legal representation, help produce just outcomes and better serve victims and survivors by:
Providing the Office of Public Defense Services clear direction, oversight and timelines needed to align Oregon’s public defense services with national best practices and inform data-driven monitoring and decision making regarding public defense resources.
Directing the Office of Public Defense Services to establish training, certification, and continuing education standards to ensure each provider receives the same training.
Creating a division of state trial public defense attorneys who will help bridge staffing shortages and allow the state to collect more accurate and reliable compensation standards for nonprofit, contract attorneys.
SB 337 is the result of collaboration from community advocates, public defense workforce, legislators, prosecutors, judges and more.
The In Defense of Humanity Coalition, which includes the ACLU of Oregon, Oregon AFSCME, the Urban League of Portland and the Fair Shot for All Coalition, provided organizing and educational support, uplifting the voices of those most impacted by the public defense system and the criminal legal system overall.
Jessica Maravilla, Policy Director at the ACLU of Oregon said:
“For too long, our public defense system has been under-resourced and over-burdened, leaving hundreds of Oregonians in legal jeopardy and without legal representation. Not only does this situation violate the constitutional rights of those awaiting trial, it disproportionately harms Black, Indigenous and other people of color who are overrepresented in our criminal legal system — both as the accused and as victims and survivors. We’re grateful that our legislators took action to build a more sustainable system that will produce more just outcomes for everyone.”
Lamar Wise, Political Equity Manager at Oregon AFSCME said:
“This marks a significant step towards improving access to legal representation and achieving just outcomes for individuals involved in the criminal justice system. However, while SB 337 is an important milestone, we must recognize that long-term investments are still needed to fully support and sustain our public defense system. We must continue to advocate for adequate funding, resources, and staffing to ensure that public defense workers have the necessary tools and support to provide quality representation to all individuals who need it. We remain committed to working with legislators, community advocates, and stakeholders to achieve an equitable system that better serves both public defense workers and those they represent."
Nkenge Harmon Johnson, President and CEO of the Urban League of Portland said:
“As we speak, far too many Oregonians are waiting for the state to make good on the constitutional obligation to provide legal representation to people who cannot otherwise afford to defend themselves. Due to the leadership of the Urban League, and our partners in civil rights advocacy, our state took a step forward to address the public defender crisis Oregon faces. We applaud the passage of SB 337 to invest in the attorneys and support staff who take on indigent clients. Yet after years of neglect, we know the scale of the crisis — and the Constitution — demands much more. The Urban League will continue to advocate for all Oregonians waiting for equal justice under the law.”
Heather Stuart, Coalition Director at Fair Shot for All said:
“This a major step forward toward economic justice and repairing our broken system. Most of us don’t have thousands of dollars lying around to hire a private lawyer. Working families, young people, single parents, retirees, people making student loan payments, and so many of us in between would need a public defender if accused of a crime. 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. Ensuring adequate legal defense will go a long way to making sure all Oregonians accused of a crime get a fair shot, not just the wealthy. “
SB 337 was among the hundreds of bills obstructed by Senate Republicans who refused to come to work for over a month. The same tactics halted efforts to reform the public defense system twice before, in the 2019 and 2020 sessions.
Although the In Defense of Humanity Coalition celebrated the passage of SB 337, they acknowledged that significant additional work is needed to create a healthy, sustainable public defense workforce.
A key contributing factor to the public defense crisis is an unstable workforce fueled by low pay, high caseloads, few professional development opportunities, burnout and high turnover. A recent analysis found that 60% of lawyers at nonprofit public defense firms in Oregon left their jobs between January 2020 to September 2022. Many leave the workforce to take private sector or state positions that pay better.
The Coalition committed to advocating for workforce support in future sessions, including loan repayment programs and grants to support the professional development of public defense attorneys.
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