The Joint Committee on Ways and Means Subcommittee on Public Safety convened on January 29, 2025, to address pressing issues within Oregon's judicial system, particularly focusing on the backlog of cases and the challenges posed by unrepresented individuals in court.

The meeting began with a report on the current state of the courts, highlighting that they are managing an increased volume of cases with existing staff levels. Despite ongoing efforts to reduce the backlog, over 16,000 set asides remain to be processed, with more than half being partial set asides. This requires meticulous work to ensure that all references to eliminated charges are removed from records. The courts are implementing new business processes to standardize data entry, which is crucial for streamlining operations and automating set aside processes.

A significant point of discussion was the impact of the 2020 U.S. Supreme Court decision in the Ramos case, which led to a surge in post-conviction release hearings. The Oregon Supreme Court ruled that the decision was retroactive, resulting in a backlog that the courts are still addressing.

The subcommittee also examined the issue of unrepresented individuals in DUII (Driving Under the Influence of Intoxicants) cases, which continues to be a major concern. Many individuals eligible for court-appointed counsel are still without representation, causing confusion and frustration among defendants and affecting the overall justice process. The Oregon Judicial Department (OJD) is working within its authority to keep cases moving forward, despite being statutorily prohibited from controlling the public defense system.

Data sharing between the OJD and the Office of Public Defense Services (OPDC) was discussed, with assurances that nightly updates are provided to help track unrepresented individuals and their cases. The meeting emphasized the importance of using data to identify opportunities for efficient case resolution, particularly for individuals with multiple cases.

Jessica Roeser, the assistant deputy state court administrator, presented performance measures used to evaluate court efficiency, including time to disposition, clearance rates, and the age of pending cases. The pandemic has exacerbated delays, particularly in felony cases, with a significant number of cases pending for over a year. The subcommittee noted that while felony filings have decreased, the number of pending cases remains high, and the unrepresented crisis is expected to escalate.

In conclusion, the meeting underscored the ongoing challenges faced by Oregon's courts, particularly regarding case backlogs and the need for adequate representation for defendants. The subcommittee plans to continue monitoring these issues and exploring solutions to improve the efficiency and effectiveness of the judicial system.