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OREGON'S PUBLIC DEFENSE CRISIS

ODCA protects professional workforce during Oregon's constitutional crisis

The Oregon Defense Consortia Association (ODCA) is the only statewide organization dedicated exclusively to protecting the workforce of private firms and consortia that provide public defense services under annual state contracts. Our members include 25 firms and more than 200 attorneys who represent thousands of Oregonians each year. At a time when Oregon’s public defense system is under extraordinary strain, ODCA serves as the primary voice for private bar defenders in policy, legislative, and contract negotiations.

Oregon’s constitutional obligation to provide counsel under Article I, section 11 of the Oregon Constitution and the Sixth Amendment to the United States Constitution is not theoretical—it is immediate and mandatory. In January 2026, the Oregon Supreme Court dismissed charges against more than 1,400 Oregonians who had qualified for appointed counsel but were not provided an attorney. That ruling underscores a systemic breakdown that demands structural solutions, not short-term fixes.

ODCA has been instrumental in advancing reforms that stabilize the workforce and preserve access to representation. Our advocacy helped eliminate the planned sunset on annual consortia contracts, restore the ability of private firms to contract statewide, secure cost-of-living adjustments, and block harmful contract provisions that would have imposed unworkable liability and insurance requirements. We have also worked to improve transparency and fairness in the contracting process to ensure providers have meaningful opportunity to review and negotiate agreements.

The crisis is fundamentally a workforce crisis. Fewer new attorneys are entering public defense due to compensation levels that lag behind comparable public and private sector work, combined with high caseloads and limited long-term security. Experienced defenders continue to leave for more sustainable positions. Without structural reforms addressing workload standards, compensation, and contracting stability, the right to counsel will remain at risk.

ODCA’s mission is clear: protect the professional workforce that delivers constitutionally required representation, advocate for sustainable compensation and workload standards, and ensure that Oregon fulfills its legal and moral obligation to provide counsel to those who cannot afford it. A stable, respected, and adequately supported defense bar is not a special interest—it is the foundation of a functioning constitutional justice system.

Noteworthy

Senator Janeen Sollman discusses her support for consortia and private attorneys who do public defense work.

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