Thread by @rachelbusygrl

So apparently the Oregon legislature #orleg is seeking to eliminate the 180-Day Pretrial Detention Cutoff for people who have been arrested & held in jail & waiting for trial during COVID-19.
This is a bad idea, for the following reasons:

1) It’s contrary to the most recent OR Supreme Court Chief Justice Order, directing courts to “explore alternatives to current arrest and detention policies…to keep jail populations at a minimum” in the interest of public safety during the pandemic.
courts.oregon.gov/rules/ORAP/CJO…

2)It’s contrary to speedy trial right under Article 1, sec 10, OR Constitution, the prohibition against treating confined persons w/ unnecessary rigor under Article 1, sec 13 of OR Constitution, & the right to a speedy & public trial under the Sixth Amendment to U.S. Constitution

3)It’s contrary to principles of social justice & creates an avenue for prolonged pretrial detention when the nation & world is protesting the manner in which America metes out criminal justice, including disproportionately high arrest and incarceration rate for African Americans

4)It’s contrary to principles of social justice b/c creates an avenue to prolong the detention of indigent defendants who can’t afford bail, while other state legislatures are questioning the constitutionality of cash bail, greatly eliminating its use, & proposing to abolish it.

5) It doesn’t appear to address an existing problem (no one in public defender offices have reported a case where the prosecution claims the pandemic is preventing an in-custody trial from being held within existing timeframes, though LC 29 may invite such a claim).

6) It’s unnecessary because county courts have already adopted trial priority scales that effectively prioritize in-custody defendants accused of violent felonies and cases involving witnesses traveling from out of town (Ex. see section VII, subpart E: courts.oregon.gov/courts/multnom…

7) It’s UNNECESSARY because county courts have been able to hold jury trials during the pandemic, including both Washington & Multnomah (which held 2 in-person felony trials) before either county entered Phase I of reopening.

8) It imposes the cost of the pandemic on the weak and powerless by providing for indefinite pretrial detention rather than release.

Call your elected reps & tell them to oppose this as unnecessary legislation. #orleg #orpol

cc: @alissakg @michaeldembrow please oppose this unnecessary legislation. There are already orders from the Oregon Chief Justice concerning trials & pre-trial detention.

Hey @threadreaderapp please unroll this thread.