Yamhill County prosecutor outlines staffing shortfalls, case work and limited success under House Bill 4002 deflection program

Kate Lynch, representing the Yamhill County district attorney's office, briefed the Yamhill County Board of Commissioners during the board's March 20 formal session on staffing, casework and implementation of House Bill 4002 programs.

Lynch told the commissioners the office currently has 14 funded deputy district attorney (DDA) positions, 15 funded support-staff positions and three funded CBA positions, but that she submitted a balanced budget that temporarily cuts two DDA positions. She said she will return next month requesting those positions be restored.

Why it matters: Lynch said the lost prosecutor positions are concentrated in misdemeanor prosecution work, including DUII cases, and that prosecutorial capacity affects public-safety workloads and the office's ability to provide regular training to law enforcement on changing search-and-seizure law.

Lynch summarized recent casework and outcomes. Notable results included State v. Burnt (the “MAC RV” fraud case), in which she said prosecutors secured convictions for fraud affecting 28 victims — most over 65 — and a 20-year sentence plus nearly $700,000 in restitution. She described State v. Simpkins and State v. Mosher, related to stolen vehicles and commercial burglaries, which she said resulted in 96 months’ Department of Corrections sentences and about $88,000 in restitution. She also cited a McMinnville Police Department case she identified as involving a defendant who entered homes and later resisted arrest; she said that resulted in a 90-month DOC sentence and $2,500 restitution.

On staffing and vacancies, Lynch said a program-supervisor post has been vacant since November and that the office is actively recruiting. She said two DDA-1 positions responsible primarily for DUII prosecution are vacant and that recruiting for those roles has been “challenging.”

Lynch described the office's victim-assistance and support-enforcement work, saying support enforcement collected nearly $5.3 million on behalf of children and families in Yamhill County in the period she reviewed.

House Bill 4002 and local deflection effort Lynch reviewed how House Bill 4002 changed criminal consequences for small-quantity possession and created pathways emphasizing deflection and treatment. She said HB 4002 also addressed the legal concept of constructive delivery after the State v. Hubble decision and established an unclassified misdemeanor for possession of a controlled substance with statutory options to avoid incarceration.

On local implementation metrics, Lynch reported that, since the relevant portion of HB 4002 took effect, Yamhill County has recorded limited success with the deflection pathway. Quoting her presentation, she said: “Thus far, we have 1 successful deflection in Yamhill County.” She also described the program referral process and said many referred people failed to appear for arraignment or did not complete treatment, and that the county is working within the statutory framework and available resources.

Lynch noted grant-funded supports for online child sexual abuse material (CSAM) investigations, saying the county receives CAMI grant funds that have funded a detective housed with Newberg Police Department and related equipment; she added the grant is expected to drop about 22 percent in the next biennium.

Questions and follow-up Commissioners asked about hiring difficulty for prosecutor positions, the timeline for HB 4002 assessments, and whether some defendants were located outside the county. Lynch offered to follow up with more precise counts and said staff including Cecilia Martinez and Sheriff’s Office coordinator Carol Ann Van Wert provide weekly statistics used in the office's reports.

Lynch closed by saying the office aims to restore the cut positions and to reinitiate regular law-enforcement trainings, community outreach by victims-services teams once fully staffed, and continued refinement of processes for handling increasing volumes of digital evidence.