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History of the Metropolitan Public Defender
In 1970, the Multnomah
County Bar Association established a private, not-for-profit corporation
called the Metropolitan Public Defender Services, Inc. to provide effective
assistance of counsel to indigent persons accused of a crime in Multnomah
County.
Prior to this time, a large
segment of the criminal caseload was handled in the Municipal Court under
the City of Portland. The rights of people accused of a crime and those
facing involuntary commitment to mental hospitals were just being
recognized. Statutes did exist that required appointment of counsel and
payment by the county; however, enabling legislation to permit the
establishment of local public defenders did not exist. Since that time,
there has been a growing cost for court-appointed counsel and an increased
use of public defender programs, not only in Oregon, but nationally.
On July 1, 1971, the
Metropolitan Public Defender began providing services as court-appointed
counsel in Multnomah County. Originally, funding came from a Federal Law
Enforcement Administrative Act (LEAA) grant, but this was supplemented six
months later on January 1, 1972, by a contract with Multnomah County.
In October 1973, the
Metropolitan Public Defender initiated operations in Washington County under
an LEAA grant. After nine months of operation, Washington County contracted
annually for services from MPD.
In January 1983, the State of Oregon assumed the
responsibility of providing indigent defense services through the Oregon
Supreme Court. The Court assumed the existing contracts between MPD and
Multnomah and Washington Counties. Subsequent contracts were made by the
state for services in those counties through December 31, 2005.
The Metropolitan Public
Defender has grown from one office with two attorneys to two offices with
approximately 60 attorneys and a total staff of around 140. Its attorneys
have become leaders in the Oregon trial bar and its alumni have become
judges, prosecutors, partners in several large Portland firms, and leaders
in the profession including two past Oregon Bar Presidents. The office has
run special projects to initiate the Federal Public Defender in Oregon, to
provide death penalty representation, to represent children in termination
of parental rights cases throughout the state, to provide a special Indian
Children Welfare Act program, to establish a special Drug Diversion court
and to start two Community Courts in Portland. The office has become the
forerunner of other trial level public defenders in Oregon and a leader in
the push for standards for indigent defense systems and attorneys.
Today, MPD is supervised by a five-member
citizen Board of Trustees. They are responsible for hiring and supervising
MPD's Executive Director, oversee long range policies, and sign contracts
for services. The Multnomah County Commissioner, the Washington County
Commissioner and the President of the Oregon Bar Association appoint three
board members. The fourth member is appointed by the Chief Justice of the
Oregon Supreme Court and the remaining board member is selected by the Board
itself.
The Metropolitan Public
Defender has been recognized nationally for its methods of utilizing
paralegal support staff to increase the efficiency and adequacy of attorney
representation. MPD also pioneered the effort to locate and utilize
alternatives to incarceration. It continues to work with a broad range of
groups to encourage and develop community resources that seek to remove
persons permanently from a criminal life.
The Metropolitan Public Defender enjoys one
other unique aspect. It provides most of the services for a major government
function, the provision of defense services to indigents, but is not itself
a government agency. Since its inception, MPD has operated as a contract
agency. Thus, the MPD is demonstrating a method of providing major services
without adding governmental employees.
The Metropolitan Public
Defender's standards of representation are reflected in the fact that in 33
years of operation, handling over 340,000 cases, there have been fewer than
one hundred complaints concerning the quality of representation provided.
This is a remarkable record when matched with the fact that a large
percentage of the clients receive jail and penitentiary sentences.
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