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BETSCHART v. GARRETT

Case No.: 3:23-cv-01097-CL.

700 F.Supp.3d 965 (2023)

Walter BETSCHART, Joshua Shane Bartlett, Caleb Aiona, Tyrik Dawkins, Joshua James-Richards, Taniela Kini Kin Latu, Richard Owens, Leon Michael Polaski, Alex Sarat Xotoy, Timothy Wilson, Jeffrey Davis, Richard Aaron Carroll, Sr., Jennifer Lyn Brunette, Nicholas Waldbillig, Derek Pimeno Zavala, Curtis Ray Anthony Remington, Crista Jean Davis, Nichole Lynn Whalen, and Jacob Isaac Nathaniel Cole, on their behalf, and on behalf of all others similarly situated, Plaintiffs, v. Sheriff Patrick GARRETT, Washington County Sheriff, in his official capacity, and Washington County Circuit Court Judges, in their official capacities, and the State of Oregon, Defendants.

United States District Court, D. Oregon.

Signed November 2, 2023.

Attorney(s) appearing for the Case

David F. Sugerman, David F. Sugerman Attorney, PC, Portland, OR, Fidel Cassino-DuCloux, Stephen R. Sady, Jessica Greenlick Snyder, Megha Desai, Michael Charles Benson, Peyton Elizabeth Lee, Julie Pitt Vandiver, Robert Hamilton, Office of the Federal Public Defender, Portland, OR, Nadia H. Dahab, Sugerman Dahab, Portland, OR, for Plaintiffs.

Eamon P. McMahon, Washington County Counsel, Hillsboro, OR, for Defendant Sheriff Patrick Garrett.

Thomas H. Castelli, Oregon Department of Justice, Portland, OR, James Aaron, Oregon Department of Justice, Trial Division, Salem, OR, for Defendant Washington County Circuit Court Judges.

Thomas H. Castelli, Oregon Department of Justice, Portland, OR, Ryan P. Kahn, Oregon Department of Justice, Appellate Division, Salem, OR, James Aaron, Oregon Department of Justice, Trial Division, Salem, OR, for Defendant State of Oregon.

Kendra M. Matthews, Boise Matthews LLP, Portland, OR, for Amici Oregon Criminal Defense Lawyers Association, ACLU.

Kenneth A. Kreuscher, Kenneth A. Kreuscher Law LLC, Portland, OR, for Amicus Oregon Innocence Project.

OPINION AND ORDER

Of all the rights that an accused person has, the right to be represented by counsel is by far the most pervasive for it affects his ability to assert any other rights he may have. United States v. Cronic, 466 U.S. 648,

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