US Appeals Court: Defendants Without a Lawyer Should Be Released

Published on June 3, 2024

A U.S. appeals court panel ruled 2-1 that defendants in Oregon must be released from jail after seven days if they do not have a defense attorney representing them. In its decision on May 31, the 9th U.S. Circuit Court of Appeals called Oregon’s public defense system a “Sixth Amendment nightmare,” referring to the amendment of the U.S. Constitution that guarantees people accused of crimes the right to a lawyer. The federal panel said Oregon is responsible for upholding legal protections for criminal defendants. The appeal’s court decision upheld a preliminary injunction previously issued by U.S. District Judge Michael McShane in 2023. It was filed by 10 people who were charged, didn’t have a court-appointed public defender, and who were being held at a Washington County jail....