A8
NEWS
Blue Mountain Eagle
Wednesday, June 22, 2022
Public defense crisis lingers in state courts
By GARRETT ANDREWS
The Bulletin
BEND — Around this time last
year, the head of the Offi ce of Pub-
lic Defense Services, the state agency
responsible for paying public defend-
ers in Oregon, announced on a con-
ference call that, after years of scrap-
ing by fi nancially, his offi ce was out
of money.
Twelve months and three direc-
tors later, the offi ce has found ways
to balance its budget with the help of
emergency funds, and is off ering pub-
lic defenders a new one-year contract
featuring modest pay increases. But
earlier this month a majority of Ore-
gon public defense groups, an esti-
mated two-thirds, balked at the con-
tract and refused to sign, citing issues
including a provision that would
have required attorneys to travel to
represent clients outside their home
counties.
In response to the outcry, a legisla-
tive stakeholder group met Thursday,
June 16, to discuss altering the con-
tract, and by the end of the workday, a
new contract was sent out to lawyers
around the state. Key changes include
allowing lawyers to perform work on
the side, and the so-called neighbor-
ing county provision is now a sugges-
tion, not required.
Representatives of public defense
Bulletin, File
January Neatherlin, a day care operator who left her children unattended to
go tanning, appears via video in Deschutes County Circuit Judge Beth Bagley’s
courtroom during a hearing on March 23, 2017, in Deschutes County Circuit
Court in Bend.
groups in Central Oregon told The
Bulletin they’ll take the weekend to
read and discuss the new contract.
They intend to give feedback to the
board that oversees the Offi ce of Pub-
lic Defense Services budget, the Pub-
lic Defense Services Commission,
before it meets Thursday to consider
approving the revised contract.
Peter Deuel, co-administrator of
the public-defense provider Bend
Attorney Group, said one issue that
remains is a serious workload dis-
crepancy between public defend-
ers who work the adult and juvenile
systems.
The juvenile justice system is
much diff erent than the adult system,
a key diff erence being that cases in the
juvenile system take longer than adult
criminal cases, often years longer.
Attorneys in the juvenile system
say the new contract, which requires
them to assume 69 cases in addition
to their current caseload, will unfairly
burden them.
“We still have some serious con-
cerns with how the latest contract
accounts for existing caseloads,”
Deuel said.
For Bend defense attorney Jamie
Gerlitz, who works exclusively in the
juvenile system, cases are coming in
faster than they’re being cleared. She
said the new juvenile contracts will
further entrench a system of haves
and have-nots in Oregon.
“If a youth is lucky enough to
reside in a county with the Parent
Child Representation Project, the out-
look for that county’s youth is actu-
ally rosy,” she said. “For most of Ore-
gon, however, the outlook is grim.”
The Parent Child Representa-
tion Project is a hot topic in public
defense.
In 2014, the Offi ce of Pub-
lic Defense Services began a pilot
program to reform juvenile pub-
lic defense. The Parent Child Repre-
sentation Project was a pet project of
newly elected Gov. Kate Brown, her-
self a former juvenile public defender.
The project favors a “workload”
model over “caseload” model. Attor-
neys work a maximum caseload of 80
cases and have access to a full-time
legal assistant and a social worker.
The pilot program led to posi-
tive outcomes in the pilot counties of
Yamhill and Linn, including a 20%
reduction in foster care placement and
faster rates of family reunifi cation.
The project was expanded to
fi ve counties, with a plan to reach
every county in Oregon by 2022.
Deschutes was scheduled to get a
Parent Child Representation Project
in 2018, for a cost of $1 million per
year. But after fi ve counties, the proj-
ect ran out of money and other jus-
tice issues drew widespread focus.
The project’s standards never came
to Deschutes County and most of the
state.
In 2019, a bombshell study was
released by the 6th Amendment Cen-
ter, fi nding that the Offi ce of Public
Defense Services’ complex bureau-
cracy hindered justice for defen-
dants. The study reported the case-
load model had incentivized public
defenders to take on more cases than
they could handle. The study recom-
mended a workload model instead.
With the new contract period
beginning July 1, and little money to
go around, it’s not expected the con-
tract will contain major reforms. The
head of the Offi ce of Public Defense
Services, Stephen Singer, emailed
public defense contractors Thursday
explaining the diffi cult situation.
“We hear you,” Singer wrote. “We
agree that an open workload model, as
what exists in the Parent Child Repre-
sentation Program, is the most accu-
rate, sustainable, and responsible way
to contract. Your concerns are com-
pletely valid. The unfortunate reality
is that obtaining the resources, build-
ing the infrastructure, and implement-
ing that kind of fundamental change
will take some time.”
Critics fear new fi re safety regulations Drought
By MATEUSZ
PERKOWSKI
Capital Press
SALEM — Oregon for-
estry offi cials are bracing for
controversy after approving
statewide hazard ratings that
encompass up to 300,000
properties with elevated risk
of wildfi res.
Many of those tracts are
expected to face new defen-
sible space and building code
requirements under “wild-
land-urban interface” criteria
recently enacted by the Ore-
gon Board of Forestry.
Critics anticipate the two
regulatory actions will result
in sweeping and unworkable
restrictions for rural commu-
nities when a map of aff ected
areas is released later this
month.
Blowback from rural resi-
dents against the new require-
ments is expected by the
state forestry offi cials due to
objections they’ve encoun-
tered during the rule-making
process.
“We have to recognize
there will be people and orga-
nizations that will continue to
Stayton Fire District/Contributed Photo, File
The Oregon Department of Forestry has approved mapping
rules that critics fear will cause over-regulation of rural prop-
erties.
push against this and attempt
to embarrass the department
and related agencies,” said
Jim Kelly, the board’s chair,
during a recent meeting. “It
will enter into the governor’s
race and all that. I think we all
need to be prepared.”
The Oregon Depart-
ment of Forestry received
roughly twice as many com-
ments opposed to the map-
ping regime than in favor
of it, mostly because people
thought the wildland-urban
interface was too expansive,
said Tim Holschbach, the
agency’s fi re prevention and
policy manager.
The agency will send out
written notices to 250,000-
300,000 landowners aff ected
by the rules. They can appeal
their classifi cations if they’re
subject to regulation, he said.
Periodic audits will review
the eff ectiveness of the rules,
which can continue to be
modifi ed.
As the rollout of the wild-
fi re map gets underway,
ODF realizes it will be in a
“fi sh bowl” of public scru-
tiny and it expects that revi-
sions will be necessary, said
Mike Shaw, the agency’s fi re
chief.
“The agency’s work is not
Grant County Committee Volunteers Needed
done. The work will continue
through this year. We know
we’re not going to be per-
fect,” Shaw said. “There will
be adjustments in the future.
This is a great fi rst step.”
The Oregon Farm Bureau
has worried about adverse
impacts to agriculture since
lawmakers began negotiating
comprehensive wildfi re legis-
lation last year.
The Legislature ended
up passing Senate Bill 762,
which the Farm Bureau crit-
icized for its “top-down”
approach to wildfi re miti-
gation. The group favored a
“bottom-up” strategy of con-
sulting with rural communi-
ties proposed in another bill.
To get the bill over the fi n-
ish line, lawmakers elimi-
nated SB 762’s defi nition of
wildland-urban interface, or
WUI, and instead directed the
Board of Forestry to set the
parameters based on “national
best practices.”
However,
the
Farm
Bureau and other critics
believe the board’s WUI cri-
teria are nonetheless overly
broad. The vast acreage likely
included in the designation
will leave people “shocked,”
said Lauren Smith, the
group’s director of govern-
persists
despite
rains
ment and national aff airs.
“Our legislators will be
very surprised when they start
getting constituent calls,” she
said. “When you get a WUI
that is nearly the size of the
State of Oregon, it sort of
defeats the purpose.”
Properties will be subject
to regulation only if they’re
both within the WUI and have
a hazard rating of “high” or
“extreme” wildfi re risk.
Roughly 250,000-300,000
properties fall into the “high”
and “extreme” risk categories,
but ODF doesn’t yet have an
estimate of how many are
also in the WUI.
The Farm Bureau expects
a great deal of overlap, which
will have a drastic eff ect on
rural areas, Smith said.
“You’ll see large swaths
of entire communities pulled
into high or extreme risk
WUI,” she said. “There’s a
lot of regulation going on
focused on this map and all
these rural communities, and
not a lot of representation by
them.”
The defensible space reg-
ulations require fi re-prone
fuels to be cleared from
50-100 feet around certain
structures, depending on the
hazard rating.
By MATEUSZ PERKOWSKI
Capital Press
Applications are Due by WEDNESDAY, July 6th, 2022
Monday - Thursday
7am-
6pm
Monday
- Thursday
7am-
6pm
Friday
8am
- 5pm
Friday Sharpe
8am - 5pm
Mendy
FNP
Mendy
Sharpe FNP
Apppointments
available
S283676-1
139101
Obtain a volunteer application from the County Court, 201 S. Humbolt, No. 280,
Canyon City, OR 97820, online at Committee Volunteer Application
or contact (541-575-0059) GCCourtAdmin@grantcounty-or.gov.
Committees are formal public bodies required to comply with
Oregon Public Meetings Law ORS 192.610.
Airport Commission (ORS 836.616)
Five commissioners plus a County Court representative serve two year terms, meeting
monthly. The commission acts as governing body for the Grant County Regional Airport.
Applicants must be full time, bona fide residents of the county and be aircraft owners or
pilots, or individuals with demonstrated interest in and knowledge of aviation matters.
College Advisory Board
Seven members plus three ex-officio members serve three year terms and meet month-
ly to promote local educational opportunities and identify educational needs within the
community.
Extension & 4-H Service District Advisory Council
Eleven members serve three year terms, meeting semi-annually to provide guidance and
assistance to local OSU Extension staff in planning, developing, and evaluating balanced
educational programs directed to high priority needs of county residents.
Library Advisory Board (ORS 357.465)
Seven members serve four year terms, meeting monthly to promote public awareness
and support of library services, receive public input, review and update library materials,
and coordinate activities with the Grant County Library Foundation.
Natural Resources Advisory Committee
Nine members serve one and two year terms. Members must live in Grant County and
constitute a representation of agriculture and livestock production, timber and wood
products production, recreation, hunting and fishing, water resources, mining, cultural
resources and advocates for natural resources stewardship through continuation of the
customs, culture, health, safety and economic stability of Grant County.
Planning Commission (ORS 192.610)
Nine members serve four year terms; two alternates serve two year terms. Meetings
are held as needed to review land use and zoning applications, discuss city and county
growth issues and site new facilities. Members must reside in various geographic areas
within the county with no more than two voting members engaged in the same kind of
business, occupation, trade or profession with agriculture designations of livestock/for-
age or horticulture/specialty crop production.
Senior Citizens Advisory Council (ORS 410.210)
Five members serve three year terms and meet semi-annually to define the needs of
older adults, promote special interests and local community involvement, and represent
senior citizens as an advocate to the local, state and federal government and other or-
ganizations.
Southeast Area Commission on Transportation
Five members, plus one alternate, serve three year terms as Grant County representa-
tives. The alliance provides a forum for local government agencies and the private sec-
tor to discuss, understand and coordinate long range transportation issues affecting the
south east Oregon region including Grant, Harney and Malheur counties. The alliance
acts as the Area Commission on Transportation. Daytime meetings are held monthly or
as needed, rotating among the three counties.
Wolf Depredation Advisory Committee (OAR 603-019-0015)
Five members include one County Commissioner, two who own or manage livestock
and two who support wolf conservation or coexistence. These members agree upon two
business representatives to serve as additional members. The committee oversees the
procedure established by Grant County for its Wolf Depredation Compensation Program.
The current vacancy is for a business representative.
JOIN THE WHEELER FAMILY IN THE FIGHT
AGAINST COLON CANCER!
Friday, July 8 th , 2022
Grant County Fairgrounds
LIVE MUSIC
PULLED PORK
DINNER
OPEN BAR
Doors open at 5:00 PM
Live and Silent Auction
Dinner at 6:00 by donation
All proceeds go to the Wheeler family
Donations are being accepted through June 25th
Please contact Winnie at 541-620-0748 if you are interested in making a
donation for the Silent or Live Auction
Teri Bowden at 541-575-2112 for a dessert donation
Cash donation can be made at Old West Federal Credit Union in John Day
SALEM — With rain-
storms relentlessly soaking the
state throughout spring, Ore-
gonians can be forgiven for
assuming that drought fears
have dissipated.
Many are surprised to learn
that worries about water short-
ages have persisted despite
the stubbornly soggy weather,
said Ryan Andrews, a hydrol-
ogist at the Oregon Water
Resources Department.
Though the season’s high
rainfall and low temperatures
have mitigated what could
have been a much worse situ-
ation, much of Oregon is still
enduring a prolonged “mega-
drought” that’s affl icting the
entire West, Andrews said.
“Though the spring pre-
cipitation was nice, it was not
enough to overcome the long-
term defi cit,” he said at the
June 16 meeting of the state’s
Water Resources Commission,
which oversees the agency.
Conditions associated with
summer, such as reduced
stream fl ows and soil mois-
ture levels, have been delayed,
Andrews said.
Irrigators and other water
users must still “proceed with
caution,” though — particu-
larly in areas where drought
has remained severe, such
as Central Oregon, Andrews
said.
According to a recent
study, the past 22 years repre-
sent the West’s worst “mega-
drought” in about 1,200 years,
he said. A mega-drought is an
abnormally dry period that
lasts more than two decades.
The multi-year drought
has lingered through the sea-
sonal intervals of wetness
while being aggravated by
lower-than-normal snowpacks
and earlier “melt-out” in the
summer, Andrews said.
Last year, OWRD got
600 reports of domestic
wells going dry or yielding
less water and has received
300 such complaints so far
in 2022, he said. Funding is
available for households with
low and moderate incomes to
repair or replace aging wells.
Of course, the extent and
intensity of the drought would
be exacerbated without this
spring’s ample rainfall, he said.
Stream fl ows unfortu-
nately remain below-average
in some areas, but statewide
the outlook is more optimistic
headed into summer, Andrews
said.
Some irrigation reservoirs
were at record-low levels at
the end of last summer, but the
prolonged rains have helped
replenish them while reduc-
ing water demand from farm-
ers, he said.