Marion Co. Dist. Attorney's Office

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News Release

Marion County Will Not Be Dismissing Cases For Lack Of Defense Attorneys - 02/20/26

FOR IMMEDIATE RELEASE

 

 

Salem, OR – February 20, 2026 – Over the past several years, Oregon’s public defense system has faced increasing barriers to effective indigent defense.  Courts across the state have confronted persistent shortages of defense attorneys and rising numbers of unrepresented defendants. At its peak, Marion County had close to 1,000 individuals facing criminal charges without appointed counsel.

 

Oregon’s constitution provides a public defender to people charged with a crime who cannot otherwise afford a lawyer.  Earlier this month, the Oregon Supreme Court issued its decision in State v. Roberts, holding that criminal cases must be dismissed if a defendant is not provided with counsel within 60 days in misdemeanor cases or 90 days in felony cases following their first court appearance.

 

Since Roberts, DA’s offices across the state- especially in counties designated as “crises counties,” or those who have large numbers of cases with unrepresented defendants- have had to dismiss their prosecutions.

 

Fortunately, the Marion County District Attorney’s Office is proud to report that in the days leading up to the Roberts decision, Marion County reduced its unrepresented list to zero.

 

This progress reflects extensive coordination across the Marion County justice system. Marion County Deputy District Attorneys worked closely with defense providers, including the Marion County Association of Defense Counsel, alongside the leadership of then-Presiding Judge Tracy Prall. Through coordinated case management, special dockets, and ongoing communication regarding attorney availability, Marion County was able to significantly reduce its unrepresented caseload.

 

Marion County’s early challenges were substantial. Previously one of the state’s crisis counties, the local system struggled to meet demand when defense providers reached maximum allowable caseloads, or “MAC.”  This contributed to a growing backlog of unrepresented defendants and placed strains on victims accessing rights and law enforcement feeling seeing results. The Marion County District Attorney’s Office declined to dismiss cases, provide favorable resolutions, and was unwilling to not file certain categories of cases. 

 

Instead, Marion County prioritized in-custody cases, expanded docketing efforts, and worked collaboratively with defense partners willing to take on additional appointments.

 

“We took this crisis seriously from the beginning,” said Paige Clarkson, Marion County District Attorney. “Through strong collaboration with our partners, we were able to recently reduce our unrepresented list to zero and ensure cases continued moving forward.”

 

Chief Deputy District Attorney Brendan Murphy added, “I’m very proud of our team. This progress reflects a tremendous amount of work within the District Attorney’s Office and across the justice system, especially with local defense providers and the court. While the statewide challenges remain, Marion County has again demonstrated that focused local efforts and collaboration can make a significant impact on public safety.”

 

“The bottom line is when someone is charged with a crime, we must get that case into court,” he said.

 

Recent legislative investments and structural changes to the state’s public defense system have been significant. During the 2025 legislative session a nearly 15% budget increase to the Oregon Public Defense Commission was approved, for a total allocation of $707 million.  That is a 49% increase from 2019-20, when the state spent $367 million on Oregon’s public defense. 

 

While encouraged by the progress, DA Clarkson emphasized, “we must remain committed to a criminal justice system that prioritizes representation for all accused so that we can meet our public safety obligations to everyone. This is especially true considering the significant state-wide investment over recent years.”

 

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About Marion County District Attorney’s Office

The District Attorney’s Office is responsible for seeking justice through promoting accountability for criminal offenders; interpreting, enforcing, and executing law; responding to the concerns of victims and the public; and working cooperatively with members of the justice system.

Marion County Will Not Be Dismissing Cases For Lack Of Defense Attorneys - 02/20/26

FOR IMMEDIATE RELEASE

 

 

Salem, OR – February 20, 2026 – Over the past several years, Oregon’s public defense system has faced increasing barriers to effective indigent defense.  Courts across the state have confronted persistent shortages of defense attorneys and rising numbers of unrepresented defendants. At its peak, Marion County had close to 1,000 individuals facing criminal charges without appointed counsel.

 

Oregon’s constitution provides a public defender to people charged with a crime who cannot otherwise afford a lawyer.  Earlier this month, the Oregon Supreme Court issued its decision in State v. Roberts, holding that criminal cases must be dismissed if a defendant is not provided with counsel within 60 days in misdemeanor cases or 90 days in felony cases following their first court appearance.

 

Since Roberts, DA’s offices across the state- especially in counties designated as “crises counties,” or those who have large numbers of cases with unrepresented defendants- have had to dismiss their prosecutions.

 

Fortunately, the Marion County District Attorney’s Office is proud to report that in the days leading up to the Roberts decision, Marion County reduced its unrepresented list to zero.

 

This progress reflects extensive coordination across the Marion County justice system. Marion County Deputy District Attorneys worked closely with defense providers, including the Marion County Association of Defense Counsel, alongside the leadership of then-Presiding Judge Tracy Prall. Through coordinated case management, special dockets, and ongoing communication regarding attorney availability, Marion County was able to significantly reduce its unrepresented caseload.

 

Marion County’s early challenges were substantial. Previously one of the state’s crisis counties, the local system struggled to meet demand when defense providers reached maximum allowable caseloads, or “MAC.”  This contributed to a growing backlog of unrepresented defendants and placed strains on victims accessing rights and law enforcement feeling seeing results. The Marion County District Attorney’s Office declined to dismiss cases, provide favorable resolutions, and was unwilling to not file certain categories of cases. 

 

Instead, Marion County prioritized in-custody cases, expanded docketing efforts, and worked collaboratively with defense partners willing to take on additional appointments.

 

“We took this crisis seriously from the beginning,” said Paige Clarkson, Marion County District Attorney. “Through strong collaboration with our partners, we were able to recently reduce our unrepresented list to zero and ensure cases continued moving forward.”

 

Chief Deputy District Attorney Brendan Murphy added, “I’m very proud of our team. This progress reflects a tremendous amount of work within the District Attorney’s Office and across the justice system, especially with local defense providers and the court. While the statewide challenges remain, Marion County has again demonstrated that focused local efforts and collaboration can make a significant impact on public safety.”

 

“The bottom line is when someone is charged with a crime, we must get that case into court,” he said.

 

Recent legislative investments and structural changes to the state’s public defense system have been significant. During the 2025 legislative session a nearly 15% budget increase to the Oregon Public Defense Commission was approved, for a total allocation of $707 million.  That is a 49% increase from 2019-20, when the state spent $367 million on Oregon’s public defense. 

 

While encouraged by the progress, DA Clarkson emphasized, “we must remain committed to a criminal justice system that prioritizes representation for all accused so that we can meet our public safety obligations to everyone. This is especially true considering the significant state-wide investment over recent years.”

 

####

 

About Marion County District Attorney’s Office

The District Attorney’s Office is responsible for seeking justice through promoting accountability for criminal offenders; interpreting, enforcing, and executing law; responding to the concerns of victims and the public; and working cooperatively with members of the justice system.