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Public Defense Commission report finds capacity shortfalls; committee directs scheduling of $22.1 million

Joint Committee on Ways and Means · February 6, 2026
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Summary

A Public Defense Commission report found provider capacity issues and recommended release of $22,100,000 in general fund; the committee acknowledged the report and directed the Department of Administrative Services to schedule the funds and return with an update in 2027. Lawmakers warned a recent Oregon Supreme Court ruling could force dismissals if defendants lack counsel.

The Joint Committee on Ways and Means acknowledged a Public Defense Commission report that examined public defense attorney capacity and recommended scheduling $22,100,000 in general fund previously held by the Department of Administrative Services.

Senator Manning (S2) presented the report, saying the commission compared budgeted versus actual capacity for contract providers and state employees using a two‑month snapshot from the current contract period. "The report concludes that 60% of the providers are operating at or above 90% capacity with 40% operating below the target," Manning said, and noted that 46 providers are being monitored and 24 are subject to agency intervention. The report recommended that DAS schedule the $22,100,000 general fund for the Public Defense Commission and provide an updated comparative report during the 2027 legislative session.

Senator Broxman (S10) praised recent leadership changes at the Public Defense Commission but warned the system remains under strain following a recent Oregon Supreme Court ruling. He summarized media reporting of the ruling and said it could require dismissal of charges if a defendant cannot obtain counsel within the court's timelines: "criminal charges must be dismissed if a defendant can't get a lawyer," Broxman said, and cited preliminary local counts of people who could be affected in Multnomah, Washington and Douglas counties.

The committee recorded no objection to acknowledging the report and directed the Department of Administrative Services to schedule the $22,100,000 general fund for the Public Defense Commission and to return with an update in the 2027 legislative session, as the subcommittee recommended.

What happens next: DAS will determine scheduling of the funds and the Public Defense Commission will be expected to provide a comparative capacity update during the 2027 legislative session; the committee will continue oversight.