FOSTER v. CARSON

No. 03-35457, 03-35458.

347 F.3d 742 (2003)

Sarah Curtis FOSTER; Kim Jean Fey; Anthony Wohllaib; and Metropolitan Public Defender Services, Inc., an Oregon corporation, Plaintiffs-Appellants, v. Honorable Wallace P. CARSON, Jr., in his capacity as Administrative Head of the Oregon Judicial Department; Hon. Dale R. Koch, in his capacity as Administrative Head of the Multnomah County Circuit Court; and Kingsley W. Click, in her capacity as State Court Administrator, Defendants-Appellees. Ross M. Shepard, Director, Public Defender Services of Lane County, Inc.; Public Defender Services of Lane County, Inc; F. Douglass Harcleroad, District Attorney for Lane County; and Jason Allen Frost, Plaintiffs-Appellants, v. The Honorable Mary Ann Bearden; The Honorable Jack A. Billings; The Honorable Eveleen Henry; The Honorable Karsten H. Rasmussen; and the Honorable Wallace P. Carson, Jr., in his capacity as Administrative Head of the Judicial Department of the State of Oregon, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed October 17, 2003.


Attorney(s) appearing for the Case

Elden M. Rosenthal, Rosenthal & Greene, P.C., and Thomas M. Christ, Cosgrave Vergeer Kester LLP, Portland, Oregon, for the plaintiffs-appellants.

Janet A. Metcalf, Assistant Attorney General, Salem, Oregon, for the defendants-appellees.

Before: Cynthia Holcomb HALL, Susan P. GRABER, and Ronald M. GOULD, Circuit Judges.


Argued and Submitted September 8, 2003 — Portland, Oregon.

OPINION

GRABER, Circuit Judge:

These consolidated appeals challenge the constitutionality of an Oregon judicial-budget austerity plan known as the "Budget Reduction Plan" ("BRP"). Under the BRP, for four months indigent defendants who were charged with certain listed crimes had their criminal proceedings suspended and were not afforded counsel. Plaintiffs include indigent criminal...

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