Could judge have issued ‘less extreme’ remedy to address Oregon’s public defender crisis, appeals court asks

Jail bars

At the time of U.S. District Judge Michael J. McShane’s order, 135 indigent defendants were in jail with no lawyer. As of Tuesday, 154 people were in jail without a lawyer appointed, and a total of 2,751 criminal defendants out are out of custody on conditions with no lawyer appointed, according to state records.

Lawyers for the state Tuesday urged an appellate court to overturn a federal judge’s order that requires county sheriffs to release people held in jail on criminal allegations if they don’t have a lawyer appointed within seven days of their first court appearances.

U.S. District Judge Michael J. McShane’s order “intrudes into hundreds of ongoing state criminal proceedings,” imposes an “arbitrary seven-day deadline” that has no basis in the law and threatens the safety of crime victims and the public, the state lawyers argued.

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