City Council tables action on moving misdemeanor cases out of Hermiston

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(Photo courtesy of city of Hermiston)

HERMISTON, Ore.-The Hermiston City Council tabled discussion of how the Hermiston Municipal Court would handle misdemeanor cases amidst an ongoing attorney shortage at its regular meeting on October 13.

The Council heard from Hermiston Municipal Court Administrator Jillian Viles and Umatilla County District Attorney Dan Primus about the shortage of lawyers in Eastern Oregon, and the possibility of moving misdemeanor trials to Umatilla County, before unanimously deciding to table the issue until a later date.

Viles presented an overview of the situation, explaining that the Hermiston Municipal Court resumed jurisdiction over Class A Misdemeanors in January 2024 but has not been able to secure a sustained contract with a public defender or prosecutor, due to a statewide attorney shortage and difficulties recruiting lawyers to Eastern Oregon.

The Oregon Public Defense Commission (OPDC) caps the number of cases an attorney can handle at 300 and defense attorneys across the state are currently at capacity, according to Viles.

Another issue in getting lawyers to work in Eastern Oregon is the discrepancy in pay, with the OPDC paying an average of $710 per misdemeanor case, while Hermiston Municipal Court offers $400-500.

“The shortage is statewide, but it’s felt more severely with less attorneys on the east side of the state,” said Viles.

Up for discussion was a proposal to send misdemeanors to Umatilla County Circuit Court to be prosecuted by the Umatilla County District Attorney’s Office or increasing attorney compensation to entice them to work in Eastern Oregon.

“It is a desert in Eastern Oregon when we’re talking about attorneys,” said Umatilla County District Attorney Dan Primus. “In the 17 years I’ve been in the District Attorney’s Office, we’ve never been fully staffed.”

Primus explained that the District Attorney’s Office enjoys a great relationship with the City of Hermiston, but that sending misdemeanors to Umatilla County would add to the 350 cases currently being handled by his office.

While sending misdemeanors to Umatilla County would reduce Hermiston Municipal Court’s operating costs in the next fiscal year, it could result in longer filing times and a lower filing rate for certain lower-level offenses, according to the City.

“I feel like we’re stuck between a rock and a hard spot, because what’s going on right now is not sustainable at the city level or the county level,” said Roy Barron, City Councilor.

The Council has now directed City staff to compile $250,000 in spending cuts to General Fund departments for consideration at a future meeting to cover increased spending for public defense services, and retain misdemeanor case jurisdiction within the Hermiston Municipal Court.

According to the City of Hermiston, general fund services include police, library, parks, recreation, airport, and senior and disabled transit.

Proposed cuts to General Fund services would increase Hermiston’s current budget for defense services from $150,000 to $400,000, making the City’s defense contracts more competitive and attracting qualified attorneys to the area.

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