The charges were dismissed in October 2022 because of the state’s failure to appoint him a lawyer, but in April 2024, prosecutors re-indicted Roberts on the same charges. For the next year, Roberts repeatedly returned to court for hearings where he was supposed to be appointed counsel, but each time no attorney was available. Eventually, his case was again dismissed due to a lack of attorneys.
The case highlights the situation that resulted in the Oregon supreme court ruling that a large number of criminal cases across the state must be dismissed due to a severe shortage of public defenders, a major decision that attorneys say will impact more than 1,400 pending cases.
The problem has been years in the making and has become a significant constitutional crisis, as people charged with crimes are routinely unable to fight their cases as they wait weeks, months or sometimes years for the state to appoint them lawyers.
The attorney shortage is a systemic and statewide problem in Oregon, and the causes are complex, with criminal defense lawyers noting the state has long underfunded public defense, leaving few public defenders overwhelmed with massive caseloads. A backlog of cases during the pandemic and increasing time required to review materials like body-camera footage and digital evidence has further strained the system, advocates say.
Nadia Dahab, a Portland-based attorney who argued the Roberts case, said she hoped the ruling would force the state to pursue a “solution that recognizes the importance of access to counsel for people charged with a crime and allocates the resources necessary to make sure the public defense system adequately protects them”.
“Roberts,” she added, “is one of thousands, and the harms he suffered through the arrest warrant when the state recharged him and through the impact of having to take off work to go to court every month – those are very exemplary of what lots of others are facing.”
Oregon’s department of justice had argued against blanket dismissals in the Roberts case.
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