District attorneys for Multnomah, Washington and Clackamas Counties held a joint news conference arguing state leaders can help fix the problem.
PORTLAND, Ore. — The district attorneys for Multnomah, Washington and Clackamas Counties are calling on Governor Tina Kotek and state leaders to intervene in a long-running federal lawsuit they say is making it impossible to prosecute some criminal defendants.
The three DAs held a joint news conference Monday, arguing Oregon’s mental health system is broken and that a recent federal court order is making things worse.
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A federal court previously ordered Oregon to quickly move defendants deemed mentally unfit to stand trial to the Oregon State Hospital, rather than leave them waiting in jail. The state repeatedly fell short of that requirement, so on June 1, U.S. District Judge Adrienne Nelson issued a new ruling restricting which defendants the hospital must accept.
The new order bars defendants facing lower-level felony charges that don’t involve a crime against a person, as well as defendants facing certain misdemeanor charges, from being admitted to the state hospital. It also places new limits on how long patients can remain there for treatment.
The prosecutors pointed to a case in Multnomah County as evidence of what happens when the system breaks down.
A man was arrested in connection with a fire that damaged Portland City Councilor Candace Avalos’ home and car in November 2025. Vashon Locust was charged with five counts. But Multnomah County District Attorney Nathan Vasquez said the case fell apart.
“That case resulted in a dismissal because the individual was unable to aid and assist and there was no availability to send him to the hospital to get him back to competency,” Vasquez said.
Vasquez said the problem extends beyond individual cases.
“We have a lot of folks who are out on the streets that are floridly mentally ill and we are unable to appropriately treat them and care for them,” he said. “We need more help from the governor. We need more help from the state legislature.”
The district attorneys directed much of their frustration at state leaders, arguing Oregon has failed to build and maintain a mental health system capable of meeting community needs.
“There’s a lot of discussion about somebody ought to do something,” said Clackamas County DA John Wentworth. “And the challenge is, no one is doing anything in the space of mental health.”
Wentworth said prosecutors can’t solve the problem alone.
“We’re going to point the finger back at the governor, the state hospital and the legislature to demand that they do their job to protect the community,” he said. “We can’t do it alone.”
Washington County DA Kevin Barton took direct aim at the court order.
“There’s no other way to describe it other than discrimination,” Barton said. “Effectively, that is what the federal court is doing by limiting who may go and how long they may stay.”
Barton said the state should stop sitting on the sidelines.
“The state needs to weigh in, take a position and provide advice to this court so it can do the right thing and not the wrong thing that it’s been doing,” he said.
Previously, the Oregon Health Authority and Oregon State Hospital took no position on the court order.
In a statement to KGW, OHA and OSH acknowledged the court found them in contempt last June for failing to admit defendants within the required seven-day window. The agencies blamed unpredictable spikes in admission orders for making compliance difficult.
The agencies pointed to an expansion of community mental health beds as a path forward, saying the state is on track to add more than 1,600 licensed residential treatment beds statewide, a more than 45% increase in capacity. More than 1,000 of those beds are already open, with nearly 600 more expected to open within the next two and a half years.
The district attorneys also called on the state to act on its own findings. A June 2024 Oregon Health Authority study recommended adding 486 inpatient psychiatric beds statewide. The DAs said they want the state to develop a plan to meet that recommendation.
The June 1 court order is set to expire later this month and will be reviewed by the judge at that time.