Former director of state public defense services seeks $2.4M and his job back in lawsuit
Published 5:03 pm Tuesday, October 11, 2022
- Oregon Chief Justice Martha L. Walters
The former director of the state office that provides lawyers to indigent clients has filed a lawsuit alleging Oregon’s chief justice organized his firing after he refused to to go along with her unconstitutional plans to ensure more court-appointed attorneys, a new lawsuit alleges.
Stephen Singer, who was fired by the commission controlling the Office of Public Defense Services in August, seeks $2.4 million in damages — plus his old job back.
“He was a scapegoat for long-standing issues in the public defense system,” said Singer’s attorney, Charlie Gerstein.
The lawsuit is the latest bout of acrimony between Singer and Oregon Chief Justice Martha Walters, who fired all nine members off the Public Defense Services Commission on Aug. 10 after the group had deadlocked on a vote to fire Singer.
Walters then reconstituted the commission with five of its previous members, who had mostly voted to fire Singer, along with four new ones. The reformed commission terminated Singer by a 6-2 vote the next day.
A spokesperson for the Oregon Judicial Department declined to comment on the lawsuit. Walters has previously defended her decision, saying Singer had to go because he wasn’t acting urgently enough to solve the lack of public defenders, not because of his communication style.
In a memo laying the groundwork for Singer’s dismissal, Commission Chair Per Ramfjord said the executive director had crossed the line from combative reformer to hot-headed bully by shouting at the chief justice during a private meeting.
Singer says he never yelled, used profanity or made personal attacks while pushing back on Walters’ plans, according to the lawsuit, filed Tuesday in Multnomah County Circuit Court.
The suit describes Walters’ ideas, which ranged from asking retired judges and law students to volunteer for public defense cases, as bandages that would violate criminal defendants’ Sixth Amendment rights to a well-equipped defense attorney.
“Singer pushed back against the Chief Justice’s attempts to increase public-defender workloads beyond Constitutional bounds, to appoint obviously unqualified attorneys to represent indigent defendants, and to meddle in the day-to-day affairs of public defense in Oregon,” according to the lawsuit.
Across Oregon, roughly 1,250 people are facing criminal charges without an attorney appointed to the case, state figures show. The reasons for the emergency vary, from uncompetitive pay rates, high levels of turnover and burnout, as well as new rules capping the number of cases public defense attorneys can take.
While Oregon law allows the chief justice to serve as a nonvoting member of the Public Defense Services Commission and grants control over appointments to the chief justice, Gerstein contends the law forbids the state’s top judge from directly managing its activities.
“The Chief Justice used the commission as a mere pawn to accomplish what she wanted to do, rather than respect that it’s an independent body,” he said.
Singer said his upfront manner of speaking was no secret. The 59-year-old Harvard Law graduate was held in contempt of court more than a dozen times while representing death-penalty cases in New Orleans, according to the suit. He later joined the Louisiana State Public Defender board, which is roughly analogous to Oregon’s system.
“He is a forceful and outspoken advocate for the poor and powerless who is known for speaking truth to power,” the suit says.
Singer lasted eight months in the $205,000-a-year job. He seeks $30,000 for each month since his alleged wrongful termination, plus $2.4 million for emotional pain and suffering.