A2 THE ASTORIAN • THURSDAY, FEBRUARY 17, 2022 IN BRIEF County reports 39th virus death TRACKS People work on the Astoria Riverfront Trolley tracks to prepare for a spring opening. Lydia Ely/The Astorian Clatsop County has reported a 39th death related to the coronavirus. The county said an 80-year-old man died at home on Saturday. The man, who had underlying conditions, had received a COVID-19 vaccine, the county said. Food carts burglarized in Astoria Several food carts downtown were reported burglar- ized last week, the Astoria Police Department said. At the food cart pod at Duane and 11th streets, Good Bowl, Roll & Bowl, Surf 2 Soul, Sasquatch Sandwich Shop and Coff ee OR Waffl e were hit. One cart had a cash box stolen. Money was also taken from Wahoo Charlie’s at the 13th Street pod. Some carts were accessed through windows, others through doors whose locks had been drilled out. No suspects have been identifi ed. Anyone with information is asked to contact Offi cer Cory Gerig at cgerig@astoria.or.us or 503-325-4411. State reports new virus cases for county The Oregon Health Authority has reported new coro- navirus cases for Clatsop County over the past several days. The health authority reported 15 new cases on Tues- day and 30 new cases over the weekend. Since the pandemic began, the county had recorded 4,424 virus cases as of Tuesday. Playground moves forward in Gearhart GEARHART — The Planning Commission has moved forward with plans for a new playground at Cen- tennial Park. When the former Gearhart Elementary School was shut down, the playground was closed and equipment at the west end of the school transferred to the new Pacifi c Ridge Elementary School. Berkley Sturgell, a local girl, dedicated herself to bringing a playground back to Gearhart, proposing a new location at Centennial Park, also known as Trail’s End Park. Sturgell launched a Quarter Mile Challenge to raise funds for the city’s play equipment fund. Port accepting applications for budget committee The Port of Astoria is taking applications for pub- lic member positions on the budget committee for the upcoming budget season. The committee is made up of the fi ve Port commission- ers and fi ve public members. Terms are set for three years. Individuals can submit their resume and a letter to the Port Commission expressing interest in joining the com- mittee to admin@portofastoria.com by April 11. Knowl- edge of local budget law and familiarity with the Port is considered helpful, but not required. The commission will be fi lling the positions at a meeting on April 19. — The Astorian DEATH Feb. 13, 2022 In INMAN, Brief Jean Isabella, 99, of Seaside, died in Sea- side. Caldwell’s Luce-Layton Mortuary of Astoria is in charge of the arrangements. Death CORRECTION Incorrect owner — Property off Wahanna Road Correction under consideration for Seaside High School soft- ball fi elds is owned in part by the Seaside School Dis- trict and the Union Health District. Providence Sea- side Hospital leases the land from the health district. A story on A1 Tuesday incorrectly said Providence Sea- side owned a portion of the land. ON THE RECORD Criminal mischief arrested on Sunday for On the Record • Robert Staszek, 74, driving under the infl u- of Astoria, was indicted in December for fi rst-degree criminal mischief. The crime is alleged to have occurred in August 2019. DUII • Patrick Cody Sewell, 29, of Grants Pass, was ence of intoxicants. He was in a car crash at E. Harbor Drive and King Avenue in Warrenton and taken to Colum- bia Memorial Hospital in Astoria, where he was cited. PUBLIC MEETINGS THURSDAY Seaside Transportation Advisory Commission, 6 p.m., City Hall, 989 Broadway. PUBLIC MEETINGS Established July 1, 1873 (USPS 035-000) Published Tuesday, Thursday and Saturday by EO Media Group, 949 Exchange St., PO Box 210, Astoria, OR 97103 Telephone 503-325-3211, 800-781-3211 or Fax 503-325-6573. POSTMASTER: Send address changes to The Astorian, PO Box 210, Astoria, OR 97103-0210 DailyAstorian.com Circulation phone number: 800-781-3214 Periodicals postage paid at Astoria, OR ADVERTISING OWNERSHIP All advertising copy and illustrations prepared by The Astorian become the property of The Astorian and may not be reproduced for any use without explicit prior approval. COPYRIGHT © Entire contents © Copyright, 2022 by The Astorian. MEMBER OF THE ASSOCIATED PRESS MEMBER CERTIFIED AUDIT OF CIRCULATIONS, INC. Printed on recycled paper Subscription rates Eff ective January 12, 2021 MAIL EZpay (per month) ...............................................................................................................$10.75 13 weeks in advance ...........................................................................................................$37.00 26 weeks in advance ...........................................................................................................$71.00 52 weeks in advance ........................................................................................................ $135.00 DIGITAL EZpay (per month) .................................................................................................................$8.25 State lawmakers agree to $12 million Band-Aid for ailing public defense system By CONRAD WILSON Oregon Public Broadcasting Oregon lawmakers have reached an agreement to temporarily patch the state’s public defense system, which for months has failed to meet its constitutional obligations and instead left some criminal defendants without an attorney. Gov. Kate Brown and leg- islative leaders plan to spend an additional $12.8 million through the end of 2023, Ore- gon Public Broadcasting has learned. The money would go to the Offi ce of Public Defense Services, an inde- pendent state agency that’s part of the Oregon Judicial Department. A recent report by the American Bar Asso- ciation found Oregon has around 1,300 fewer public defenders than it needs to adequately provide criminal defense for people who can- not aff ord an attorney. The extra funding would pay for the equivalent of 36 full-time public defense attorneys, as well as sup- port staff and money for criminal defense investiga- tions. Those resources are expected to target the coun- ties where more than 100 indigent criminal defendants don’t have a public defender. “This is a civil rights cri- sis,” state Rep. Tawna San- chez, D-Portland, who co-chairs the Joint Commit- tee on Ways and Means, said in a statement. “There are Oregonians who don’t have access to any legal represen- tation and our public defend- ers are completely over- whelmed. The $12.8 million we are sending to OPDS will help address this urgent problem.” The funds are a fraction of what’s needed to address the larger systemic failures surrounding the state’s pub- lic defense system, which has essentially run out of public defenders in several of the most populous com- munities. At times that list has included Lane, Marion, Washington and Multnomah counties. “We still have a huge amount of work to do to address the chronic under- funding and structural issues that are plaguing our public defense system,” Sanchez said. A growing crisis Last fall, courts across the state noticed an uptick in the number of defendants who didn’t have the legal representation they are con- stitutionally guaranteed. In December, offi cials with the Offi ce of Public Defense Services said there were more than 60 people charged with crimes who didn’t have a defense attorney. Since then, the crisis has ballooned. In Multnomah County alone, more than 80 people were without a defense attorney as of Tues- Conrad Wilson/Oregon Public Broadcasting Kacy Jones speaks with a client during a hearing at Multnomah County Courthouse in Portland in 2019. Jones was an attorney with the nonprofi t Metropolitan Public Defender until 2021. day, according to court staff . As of Monday, at least 20 people were in custody. In Marion County, court staff said Tuesday 21 people were unrepresented, includ- ing three people in custody. In Washington County, eight of the nine people with- out attorneys were in cus- tody, including one per- son charged in 2019 with attempted murder. That per- son has not had an attorney since November. “Our system is not set up to work well for defen- dants or lawyers,” said Sen. Elizabeth Steiner-Hayward, D-Portland, who co-chairs the Joint Committee on Ways and Means. “We are working on a variety of strategies including address- ing some very acute needs related to high caseload in four counties.” A combination of factors has led to the state’s public defense crisis. For two years, the pan- demic has slowed hearings and trials in parts of the state. At the same time, police and district attorneys continue to make arrests and investi- gate crimes — which have increased in some commu- nities — leaving some pub- lic defenders with hundreds of open cases. Several public defense fi rms have stopped taking new clients charged with certain crimes, saying the loads are so high that attorneys risk violating their ethical obligation to ade- quately represent clients. Still, many in the pub- lic defense community have said today’s problems long predate the pandemic and are the result of chronic underinvestment, misman- agement and a lack of polit- ical will. Oregon’s rules of profes- sional conduct, as well as the American Bar Association’s Criminal Justice Standards, require defense attorneys to perform tasks such as estab- lishing trust with their cli- ents, keeping them informed and independently investi- gating the case. “You’re not to be recom- mending a plea to your cli- ent, which after all aff ects his or her liberty, without completing your investiga- tion and study of the case,” Stephen Hanlon, the bar association’s project direc- tor for its report on Oregon, said last month during a pub- lic meeting on the fi ndings. Put another way: pub- lic defense is more involved than an attorney simply showing up to court to rep- resent a person. ‘More work to be done’ Public defense leaders welcomed news of the addi- tional $12.8 million in fund- ing, even if it is far short of a permanent fi x. They said the situation in some counties is so dire that they’ll take any help the Legislature is will- ing to provide. “Your brain, your body cannot sustain that level of trauma for an unlimited amount of time,” said Shan- non Wilson, executive direc- tor at Public Defender of Marion County. “By bring- ing more attorneys in, we’re going to help improve reten- tion for the attorneys who stayed … It’s a glimmer of hope.” Wilson said their offi ce has had considerable turn- over and no applications. They said they recently re wrote a job description and noted the offi ce is dedicated to reducing the caseload so the public defenders can pro- vide eff ective counsel. After changing that, Wilson said, they got six applications. “We have a lot of appre- ciation for all the folks that are making this happen because it’s so vital for pub- lic defense,” said Autumn Shreve, government rela- tions manager for OPDS. “We are in a crisis state and I think these dollars are going to be extremely important for addressing that. There’s more work to be done. For now, it’s a step in the right direction.” Gov. Brown, who as the head of the executive branch has no oversight of public defense, “convened a meet- ing” Feb. 7 via video about the ongoing failure to pro- vide a constitutional right to Oregonians. Brown, Senate Presi- dent Peter Courtney, House Speaker Dan Rayfi eld, Steiner-Hayward and San- chez were all in attendance, according to the governor’s staff . Oregon Supreme Court Chief Justice Martha Wal- ters, who oversees the judi- cial branch, also attended. The meeting was to dis- cuss short-term funding solutions for OPDS “in light of the challenges that public defenders continue to face,” Brown’s offi ce said in a statement. “The g overnor is supportive of devoting addi- tional funds this biennium to the agency to hire more pub- lic defenders.” Oregon’s chief justice, too, has expressed concerns about public defense in the state. After the American Bar Association study, Wal- ters released a statement, saying public defense “is in desperate need of improve- ment and support.” Despite Walters’ stated support for public defense, privately, some attorneys have questioned whether leaders in the judiciary appreciate the harm play- ing out in many of Oregon’s courtrooms. On the same day Walters met with the governor and legislative leaders, she tes- tifi ed before lawmakers on behalf of Senate Bill 1581, which would raise the sal- aries for judges, including her. When adjusted for the costs of living, Oregon’s judges are paid the lowest of any state, according to the National Center on State Courts. Like judges, public defenders argue they are underpaid and overworked, and the public defense crisis is playing out at a time when the state is awash in cash due to higher-than-expected revenue.