Oregon has reported a significant reduction in the number of people facing criminal charges who are waiting for a public defense attorney, following years of shortages that created a major crisis in the state's justice system.

Governor Tina Kotek announced on September 9, 2026 that the number of unrepresented defendants had fallen by 66% over the previous year. As of August 31, 2026, 1,104 people were still waiting for an attorney, according to figures released by the state.

The number represents substantial progress compared with the much larger backlog that had developed during Oregon's public defense crisis. When Kotek appointed Ken Sanchagrin to lead the Oregon Public Defense Commission in April 2025, more than 4,000 defendants statewide were without legal counsel.

The shortage had significant consequences for the operation of Oregon's courts. Under the United States Constitution, Oregon's constitution and state law, eligible people who face criminal charges or other potential losses of liberty and cannot afford an attorney are entitled to qualified legal representation.

The Oregon Public Defense Commission, or OPDC, is responsible for maintaining the state's public defense system and ensuring that qualified attorneys are available to those entitled to representation. In recent years, however, the system's capacity struggled to keep pace with demand, resulting in growing numbers of people waiting for court-appointed counsel and longer periods during which some defendants remained without an attorney.

Governor Kotek described the 66% reduction as an important turning point while acknowledging that the work is not complete. The state's stated goal remains ensuring that every person who is entitled to public defense receives an attorney.

The improvement followed a series of organisational and operational changes. The Oregon Public Defense Commission was moved into the executive branch, and reducing the number of people waiting for counsel became an urgent priority. In June 2025, the Commission released a 12-month plan designed to significantly reduce the number of unrepresented defendants.

The strategy included helping newly graduated attorneys enter public defense work, strengthening oversight of service contracts, increasing collaboration with other public safety partners and compensating experienced attorneys who voluntarily take additional cases when their existing workloads allow them to do so. The aim was to increase available legal representation while continuing to manage attorney workloads.

OPDC notes that even under normal conditions a small number of people may temporarily be without appointed counsel because of conflicts of interest or short delays in locating a qualified attorney. Oregon's recent crisis was different because the shortage expanded to thousands of unrepresented people. Two counties previously identified as being in crisis, Coos and Marion, have now cleared their backlogs, according to the Governor's Office.

Another part of Oregon's response has been the OPDC Trial Division. Its teams can accept cases across the state to respond to local shortages. According to OPDC, the Trial Division had taken 2,733 cases between the beginning of the current biennium on July 1, 2025 and August 31, 2026.

Oregon also uses regularly updated data to monitor the problem. The Oregon Judicial Department operates an Unrepresented Individuals Data Dashboard. When a defendant appears before a court and no contracted or qualified attorney is immediately available, OPDC may temporarily be entered as a placeholder in the court system until an attorney is identified. The dashboard is updated each business day.

OPDC also began producing monthly statistical reports in December 2024 focusing on counties with high numbers of unrepresented individuals. The reports are shared with a working group involving legislators, the Oregon Judicial Department, Oregon State Bar, prosecutors, criminal defence attorneys and other organisations across the justice system.

Despite the substantial reduction reported in 2026, the presence of more than 1,000 people still waiting for counsel shows that Oregon's public defense reform remains unfinished. Reducing the backlog matters not only for defendants but for the functioning of the wider justice system, because proceedings can be delayed when a person facing charges does not have an attorney.

The latest figures show that Oregon has made significant progress in reducing one of the most serious problems facing its public defense system, while the state's ultimate goal — timely access to qualified counsel for every eligible person — has not yet been achieved.

Source: Governor Kotek Recognizes Progress on Public Defense Crisis — Office of Governor Tina Kotek