Critics: Washington County Judges Want to Extort Pleas from DUII suspects

Monday, December 22, 2014

Shelby Sebens, GoLocalPDX Contributor

A new move by Washington County judges to take more DUII cases to trial may be unconstitutional, some local defense attorneys charge.

Washington County Circuit Court judges circulated an email in October stating that they would abandon a long-standing practice of using prescribed sentencing guidelines for DUII cases that go to trial.

The judges stated that only defendants who plead guilty before trial will be guaranteed sentences under the prescribed standards, such as two days in jail and 80 hours of community service for first time DUII. Those who go to trial would face the judges’ discretion and possibly harsher sentences.

Some defense lawyers believe the change will prompt suspects to plead guilty rather than face a trial with an uncertain punishment.

Critics say, while plea bargaining is an old legal traditional, this new move deliberately penalizes people for exercising their constitutional right to a trial.

“To me that’s pretty clearly unconstitutional under Oregon law,” Hillsboro Law Group attorney Grant Burton said. Burton said Oregon law prohibits suspects from being penalized for taking their cases to trial.

Washington County judges did not respond to requests for comment by publication time, but court officials said the District Attorney and the judges are trying to streamline the court system and improve efficiency.

Lawyers said some suspects have already been given harsher sentences since judges decided to change their sentencing standards.

“This is a bad thing for defendants who want to exercise their constitutional right to a trial,” Rob Harris of the Harris Law Firm said. “The fear of an enhanced sentenced always has a chilling effect.”

Pushing Pleas

Washington County is revamping its courts system to work more efficiently, Washington County Trial Court Administrator Richard Moellmer said. The county has traditionally had a high trial rate, according to court officials, and DUII cases often go to trial or at times plead on the day they are supposed to go to trial.

It’s clear judges and prosecutors would like to see more cases resolved and more suspects pleading guilty to get the courts moving more efficiently, officials say.

But defense lawyers argue the previous sentencing guidelines that were in place were fair.

Greg Scholl, director of Washington County’s Metropolitan Public Defender Services, said even if the judges are not attempting to keep suspects from going to trial, the change in policy has given a cause for concern.

“All defendants have the right to go to trial and should never fear a worse sentence after trial,” Scholl said. ”That fear does exist even if it is not the primary intent of the change the court is making.”

That said, how the judges decides to sentence suspects is not written in stone.

Court officials say, and even defense attorneys acknowledge, that under this new way of sentencing suspects could also get a lesser sentence if they go to trial because ultimately it will be up to the judge.

Defense attorneys say they think the judges' new sentencing practice will be challenged on a case by cases basis and that the whole process will likely face scrutiny.

"I would suspect that it’s ultimately not going to fly," Burton said. "I think it will be appealed and it will be overturned at some point."

Related Slideshow: Portland’s 35 Most Dangerous Neighborhoods

* Rankings have been adjusted since their original posting to better reflect all neighborhood boundaries that make contact with the city's most dangerous intersections.

Critics: Washington County Judges Want to Extort Pleas from DUII suspects

Pushing Pleas

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