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Oregon Supreme Court’s State v. Roberts establishes 60/90‑day counsel deadlines; committee hears narrow carve‑outs
Summary
Legislative Counsel told the Public Safety Subcommittee the Oregon Supreme Court found a state‑constitutional right to counsel violation in State v. Roberts and set bright‑line timelines — 60 days for misdemeanors, 90 for felonies — ordinarily requiring dismissal without prejudice, while leaving rare "exceptionally good cause" exceptions to judges.
The Public Safety Subcommittee heard a concise legal overview on Feb. 19 of State v. Roberts and the remedy the Oregon Supreme Court prescribed for cases where eligible defendants lack counsel.
"The conclusion was that Mr. Roberts' right to counsel was violated," Jessica Menifee, an attorney with Legislative Counsel, told the committee, summarizing the court's determination and its focus on Oregon's state constitutional protections rather than the federal Sixth Amendment. Menifee said the court adopted a bright‑line remedy: dismissal without prejudice when an eligible defendant goes unrepresented for more than 60 consecutive days in…
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