Light at the end of the tunnel: Deschutes DA, C. Oregon attorneys hopeful to see end of defender shortage

(Update: Adding video, comments from DA and Deschutes Defenders)

BEND, Ore. (KTVZ) -- Courts across Oregon are still struggling to resolve a shortage of public defenders, with hundreds of charged defendants waiting for legal representation and many released from custody until a lawyer is appointed and cases can proceed. But Deschutes County District Attorney Steve Gunnels says the local situation has improved markedly in recent weeks.

"About a month ago, we were at 150 cases of unrepresented individuals in Deschutes County. And now that number is down to 52," Gunnels said Monday.

As of Monday, more than 3,000 individuals across Oregon were unrepresented, and 1,600 have been released on a warrant. That's because the state has ruled that defendants can only be in custody without an attorney for seven days.

"Our court staff is primarily responsible for that (decline)," Gunnels. said. "They've worked really hard to find attorneys to take those cases, and those are the biggest public safety threats. Even in the cases where people would ordinarily be released, we've seen repeat offenses."

According to Gunnels, the county has seen a significant decline since last month in defendants waiting for public defenders. One of the best-known cases initially affected by the state's public defender shortage was Dawn Holland's aggravated theft charges.

Much of the shortage has come from the relatively low pay for public defenders, compared to those in private practice, and statewide limits placed on caseloads.

The Oregon Public Defenders Commission has been under scrutiny by lawmakers and local and state officials, including Gunnels, for their handling of the problem. The commission spent $96 million last year sending money to counties to hire more public defenders.

It also hopes to boost the number of attorneys from the equivalent of 506 full-time attorneys now to 986 in six years. That’s adding another 480 attorneys, or an average of 80 annually. 

The commission hopes to hire 160 attorneys over the next two years as well.

Joel Wirtz, executive director of Deschutes Defenders, a public defense nonprofit in Bend, said, "I foresee that the actual number (of unrepresented defendants) is going to go to zero, probably in the next couple of months. That's because we've gotten attorneys to finally come here in Central Oregon."

But Wirtz says it will be up to legislators to tackle the statewide crisis.

"I think it's critical, so we don't continue to have these kinds of crises, to build in some slack," he said. "So when there are extra cases, or serious charges, there are the attorneys available."

DA Gunnels agrees: "We either need to add attorneys or decrease cases. We're not decreasing cases in Deschutes County any time soon. Cases keep going up."

But Gunnels agrees with Wirtz, in that he also expects the number of unrepresented defendants in the county to drop to zero by the beginning of next year.