Clackamas County commissioners designate DA’s office to handle civil commitments after heated debate

The Clackamas County Board of Commissioners voted 4–1 on March 19 to designate the district attorney’s office as the county’s representative in civil commitment proceedings, reversing the board’s prior designation of county council last year.

The decision followed nearly three hours of public comment and commissioner discussion. Several speakers, including attorney Amanda J. Marshall, NAMI representative Dave Hunt and Jason Renard of the Mental Health Association of Portland, urged the board to keep civil-commitment hearings with county counsel to preserve a civil, treatment-focused framing. "There are three reasons why you should keep civil commitments with county council," Marshall told the board, saying county counsel provides civil-law expertise and greater consistency than assigning students or prosecutorial staff.

District Attorney John Wentworth urged the board to place authority in the DA’s office, emphasizing constitutional responsibility and experience in handling high-stakes matters. Wentworth said his office would treat civil commitments as civil processes overseen by judges, and he pushed back on characterizations that prosecutors would be criminalizing mental illness. He also warned that shifting work could strain his staff: "Those hospitals... they're not in Clackamas County — they're in Hillsboro and Portland — so it's a drive to get out there," he said, noting each hearing requires substantial preparation time.

Commissioners cited competing concerns. Supporters of the DA’s role pointed to constitutional duties and existing prosecutorial staffing; critics—including public commenters and some commissioners—worried about the optics of associating civil commitments with the prosecutorial function and urged more outreach to mental-health stakeholders. Several commissioners requested continued engagement among county council, the DA’s office and advocates to refine procedures and oversight.

Chair Roberts cast the lone no vote. The motion passed on a roll call vote with Commissioners West, Shrader, Helm and Savis voting in favor and Chair Roberts opposed. County staff said the DA’s office will assume responsibility immediately and agreed to meet with advocates to address outstanding concerns and clarify processes.

What happens next: County staff and the DA’s office said they will coordinate follow-up meetings with mental-health advocates and county council to clarify case-handling procedures, staffing expectations and any necessary resource requests. The board did not direct a timetable for implementation beyond the designation vote.