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The Conversation
Georges Naufal, Associate Research Scientist, Public Policy Research Institute, Texas A&M University

Public defender shortage is leading to hundreds of criminal cases being dismissed

The Oregon Supreme Court on Feb. 5, 2026, issued a ruling that will have a wide impact. More than 1,400 criminal cases had to be dismissed, the justices ruled, due to lack of adequate counsel available for defendants.

Like other states, Oregon must provide defendants with legal representation if they cannot afford attorneys on their own. But Oregon has less than one-third of the attorneys it needs to provide adequate defense for indigents, or people who can’t afford counsel on their own.

Shortages of this scope are common around the country. Pennsylvania faces a similar shortage of about 30% of the public defenders it needs, with insufficient numbers of attorneys in nearly every county. New Mexico needs 67% more attorneys to provide effective counsel. Kansas needs 277 more public defenders, or roughly triple its current number.

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