Betschart v. State of Oregon

Brief of Amici Curiae Civil Rights Litigators in Support of Petitioners-Appellees

Betschart v. State of Oregon

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Briefs

Argument(s)

Oregon's systemic failure to provide timely appointed counsel to more than 2,000 indigent defendants violates the Sixth Amendment right to counsel. Defendants who remain unrepresented for weeks or months following arraignment face the risk of irreversible prejudice, including lost opportunities to preserve evidence, seek pretrial release, and negotiate favorable plea agreements. The Sixth Amendment requires the assistance of counsel at stages of criminal proceedings where the absence of representation may result in irreversible harm. The State improperly conflates the existence of a constitutional violation with the appropriateness of the district court's seven-day remedial order. Younger abstention does not bar federal relief where state criminal proceedings cannot adequately or timely protect defendants' constitutional right to counsel.

Author(s)

Trisha Trigilio and Emma Anderson, American Civil Liberties Union Foundation, New York, NY; Kristin Asai, Holland & Knight LLP, Portland, OR

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