Oregon defense commission, Gov. Kotek tout significant decrease in unrepresented cases

A major decrease in the number of Oregonians facing criminal charges without publicly-provided attorneys over the past year is earning praise from state leaders after years of Oregon failing to provide enough counsel to meet people’s constitutional rights. 

The U.S. and Oregon constitutions both say people facing criminal charges have the right to legal representation, but for years Oregon has not had enough public defenders to guarantee access to counsel. The shortage has resulted in people accused of crimes waiving their rights to resolve cases, waiting in limbo for months and judges dismissing cases because of the lack of counsel.

But circumstances are improving, with a 66% reduction in unrepresented individuals from August 2025 to August 2026. Data from the Oregon Judicial Department shows that last year at that time, more than 3,200 individuals lacked a defense attorney in the state. By the end of last month, that had fallen to more than 1,100 Oregonians without a defense attorney. 

“When people charged with crimes go without counsel, justice is delayed for defendants and for the communities harmed by crime,” Oregon Gov. Tina Kotek said in a statement. “A 66% reduction in unrepresented defendants is a turning point. The work is not done, and we will keep striving for improvement until every person needing counsel has an attorney.”

Oregon relies on a patchwork of systems to provide defense attorneys for people accused of crimes, including through contracts with nonprofits and a “consortia” model through agreements with law firms. 

The Oregon Public Defense Commission in a news release said there is more work to be done but that the progress is in part due to a seven-part plan the agency began implementing under Ken Sanchagrin, whom Kotek appointed on an interim basis last year after firing the former commission executive director. She announced in January that she finalized Sanchagrin’s selection as the commission’s permanent executive director.

“The strategies in the plan have contributed to more stability within the public defense system and have improved access to counsel across much of the state,” Sanchagrin said in a statement last week. “Hard work by the extremely dedicated public defense community and collaboration with the courts and district attorneys’ offices have also helped bring down the numbers.” 

Sanchagrin’s plan sought to expand contracts with lawyers and nonprofits across the state, increase voluntary caseloads and payments for available attorneys and onboard law students who can be supervised while providing a defense for those accused of crimes.

While a February Oregon Supreme Court ruling has resulted in the dismissal of nearly 2,300 criminal cases for defendants who lack representation for more than 60 days for misdemeanors and 90 days for felonies, Sanchagrin said that doesn’t explain most of the decrease. 

Instead, he pointed out that collaborative court meetings or “special dockets” in Coos, Jackson, Marion and Multnomah counties have helped resolve cases quickly through offering plea deals to defendants. Two of those counties – Coos and Marion – are no longer ‘crisis’ counties where the lack of defense counsel is especially acute. 

Sanchagrin added the state’s trial division, a group of specialized state-employed attorneys, has also taken on more than 2,700 cases. He has pushed for an expansion of this team, which can take on complex dynamics such as mental health, language barriers or lengthy investigations for cases that demand more immediate attention. The defense commission is now focusing on ensuring the remaining Oregonians without an attorney can begin to access counsel.

“In the coming months, we will build on our progress and continue our efforts to create a more sustainable, accountable and data-driven public defense system while protecting Oregonians’ constitutional right to counsel,” Sanchagrin said.

The public defense commission is an independent body with power originally delegated by the Chief Justice of the Oregon Supreme Court, designed with the goal of ensuring representation and defense counsel for all Oregonians. Under a 2023 state law, control over the agency’s oversight shifted to the executive branch at the beginning of 2025.