PORTLAND, Ore. (KOIN) — A bombshell report recently released by the Oregon Justice Resource Center (OJRC) states the cases of nearly 100 people charged with crimes were impacted by the alleged actions (or inactions) of one Central Oregon public defender.
The report found that between 2017 and 2020, Jason Munn did not adequately maintain records, research cases or communicate with dozens of his clients in Crook and Jefferson counties.
“What he did was egregious,” said Brittney Plesser, a co-director of OJRC’s FA:IR Law Project. “It’s completely unacceptable to not review discovery, to not conduct investigation, to not talk to your clients, and to not conduct legal research.”
Commissioned by the former office of public defense services, OJRC investigated Munn’s cases after prosecutors in Jefferson County filed a complaint against him with the bar in 2020.
The complaint read, “Mr. Munn did not download and review complete discovery in at least 96 cases. 37 of those, Mr. Munn had failed to obtain most or all of the case discovery and in at least two, the client was sentenced to prison.”
Munn was suspended from practicing law for two years last August. The report cites deposition where Munn admits to not always requesting discovery. When asked why he did not follow up with witnesses, he claimed he “did not know there’d be any value to witnessing two drug addicts.”
“I don’t think that, from my experience, that it would be reasonable to say that, you know, Munn is just one bad apple,” said Steve Wax, another co-director with the FA:IR Law Project. “I think that our elected experience suggests that that is not the case.”
This is point Munn agrees with, as he maintains the three cases the OJRC petitioned for post-conviction relief for are comparable to numbers that would be found of a review of most public defenders.
But with more than two-thousand Oregonians charged with crimes currently without representation, OJRC says the report highlights a wider systemic issue regarding the lack of funding for and supervision of public defenders.
“There has been inadequate oversight both by the office of public defense services and now under its new name, we don’t know what if anything will change,” added Wax.
In a statement to KOIN 6 News, Jessica Kampfe, Executive Director of the new Oregon Public Defense Commission, stressed they are working to implement its recommendations such as better oversight, improved data collection and fair compensation for public defenders.
“The Oregon Public Defense Commission (OPDC) appreciates the hard work by the Oregon Innocence Project at the Oregon Justice Resource Center (OJRC) in reviewing the cases impacted by one of our public defense contractors.
In 2020, we learned of the allegations against Mr. Munn and contracted with the OJRC to investigate whether public defense clients had been negatively impacted by his work. OJRC was selected because it is a third-party and could remain neutral on issues of public defense. Additionally, OJRC has an established track record of examining cases that may involve a miscarriage of justice. This investigation reviewed public defense representation under Oregon’s former pay-by-case system, which was deemed unconstitutional by the 6th Amendment Center. OPDC has transitioned away from this system. Now, attorneys are compensated for their work based on the percentage of their time devoted to public defense.
OPDC appreciates how this report highlights the need for well-funded, transparent, and accountable public defense across Oregon. We have been working on implementing the reforms mentioned in this report’s recommendations. Providing adequate public defense representation, better oversight, improved data collection, and fair compensation for public defenders is vital for the health of our entire judicial system.”
Munn told KOIN 6 News he disputes the claims made against him, calling the report a “disappointing attention grab.” Munn added that he is concerned about how the scrutiny could “dissuade attorney’s from becoming future public defenders at a time the state needs them most.” As a result, he is currently appealing his suspension.
