Joint Statement from Washington County District Attorney Kevin Barton and Multnomah County District Attorney Nathan Vasquez
February 6, 2026
The Oregon Supreme Court issued an opinion yesterday in State v. Roberts requiring the dismissal of criminal cases where the state has failed to provide a court appointed attorney within 60 days for misdemeanors and 90 days for felonies.
The immediate effect of this decision is the dismissal of 1,465 cases statewide, including 915 in Multnomah and 263 in Washington County. Cases subject to dismissal include crimes such as drug trafficking, aggravated theft, firearms and weapons offenses, felony DUII, and strangulation. This will cause real pain and harm to victims and the public.
We respect the decision and agree that a defendant’s right to an attorney is essential. However, we also believe a victim’s right to justice, the public’s right to safety, and Oregonians’ right to a functional public defense system are essential as well. The Court in Roberts honors one right while the State ignores these other rights.
Oregon has proven incapable of providing this critical service where other states, and Oregon itself until a few years ago, manage to do so. Oregon’s public defense system is broken and no one appears able to fix it. Excuses claiming too little money, too few attorneys, or too many criminal cases do not hold up on closer examination.
Oregon spends almost four times the national average per capita on public defense—more than $300 million per year. Hourly rates for public defenders are among the highest in the nation. Statewide case filings are 15% lower than they were before the crisis. As spending increases and case filing decreases, the problem persists.
Our offices have taken extraordinary steps to find solutions including establishing special resolution dockets, modifying charging practices, and implementing efficiency improvements. We have participated in work groups, crisis teams, and legislative hearings. We testified before the House Judiciary Committee regarding a proposal we believed would help.
After four years of this crisis, we believe a lasting solution does not lie with the courts, prosecutors, or even defense attorneys. Rather, it lies with the State. We are encouraged that the Governor appointed OPDC Director Sanchagrin to lead the agency on a permanent basis. But now our house is on fire, and we are again sounding the alarm. We need quick and forceful action from Governor Kotek and Director Sanchagrin to find and implement immediate solutions. And we stand ready to help in any way we can.
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