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Public defenders, residents urge Clackamas County to keep civil-commitment work with county counsel; commissioners postpone vote

Clackamas County Board of Commissioners · March 12, 2026
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Summary

After public defenders and residents urged keeping civil-commitment proceedings with county counsel, the Clackamas County Board of Commissioners removed the item from today’s consent agenda and rescheduled the vote for March 19, 2026, to allow more public testimony and review.

Chair Roberts convened the Clackamas County Board of Commissioners on March 12 and the board considered whether to transfer responsibility for civil-commitment representation from county council back to the district attorney’s office. Following extended discussion and public comment, the chair removed the item from today’s consent agenda and set it for reconsideration on March 19, 2026.

Amanda J. Marshall, one of Clackamas County’s public defenders, told the board she opposed designating the district attorney to handle civil commitments because the proceedings are civil—not criminal—and “respondents deserve to be treated with respect and dignity.” She said experienced civil counsel produced more efficient hearings and freed judicial and public-defense resources.

Provisionally licensed attorney Ricky Barker and resident Jeremiah Watkins urged the board to preserve a structural separation between civil commitment and prosecution. Barker cited Oregon statutes governing commitment procedures and U.S. Supreme Court precedent describing involuntary commitment as a substantial curtailment of liberty. Watkins noted recent county budget adjustments and said available funds could support additional county counsel capacity; he also referenced a recent in-custody death that is under investigation as a reason to proceed cautiously.

County Council Billy Williams and Commissioner West said the district attorney’s office has been backing up county council because of recent staffing changes and was already handling these proceedings in coordination with behavioral health. Williams described the DA’s involvement as operational and temporary in response to staff transitions.

After debate, Chair Roberts said he would remove the item from the consent agenda to allow additional public testimony, noting the agenda was published seven days earlier and that Dave Hunt of the National Alliance on Mental Illness (NAMI) Clackamas had requested one additional week for input. The board did not take a final vote at the meeting; the item will return March 19, 2026.