Skip to main content

Oregon State Flag An official website of the State of Oregon »

Oregon Judicial Department Logo

Public Defense Contract Terms

Public Defense Attorney Service Contracts 2025-2027

Linked here are the approved contract terms for the 2025 - 2027 contract term.

  1. Criminal Attorney Contract Terms
  2. Juvenile Attorney Contract Terms
  3. Parent-Child Representative Program Attorney Contract Terms
  4. Hourly Compensation-Based Attorney Contract Terms Version 2
  5. Case Manager In-House Contract Terms
  6. Case Manager Independent Contract Terms
Contractors with an executed Version 1 of the 2025-27 Hourly Compensation-based Public Defense Services contract will have the option to either:
  1. continue business under the Version 1 contract terms; or
  2. amend the executed Version 1 contract to conform to the Version 2 terms.
As of April 1, 2026, only Version 2 of the hourly contract will be offered to those without an executed Version 1 of the 2025-27 Hourly Compensation-based Public Defense Services contract.
Please submit requests for the 2025-27 Hourly Compensation-based Public Defense Services contract (both Versions) and amendments to both versions to OPDC at: Resource.Counsel@opdc.state.or.us

Below are links to OPDC's 2025-27 Criminal Defense Attorney / Juvenile Attorney Non-PCRP contract rates and 2025-27 Parent - Child Representation Program (PCRP) Attorney contract rates.

  1. 2025-27 Criminal Defense Attorney / Juvenile Attorney, Non-PCRP Contract Rates
  2. 2025-27 Parent-Child Representation Program (PCRP) Attorney Contract Rates

​ ​Draft Contracts for 2025-2027 (Updated 7/23/25)​

 Previous versions of the draft 2025-27 contracts were uploaded in error. Linked below are the correct and CURRENT DRAFTS. The majority of differences are in Exhibits B and C of the Criminal, Juvenile, and Parent Child Representation Program (PCRP) contracts.  We sincerely apologize for this error and continue to welcome feedback.  These contracts have not been submitted for legal sufficiency review and are subject to change. For reference and transparency, the original drafts of the 2025-2027 contracts are linked at the bottom of this section.​​​
  1. ​Current Draft Criminal Attorney Contract Terms
  2. Current Draft Juvenile Attorney Contract Terms
  3. Current Draft PCRP Attorney Contract Terms
  4. Current Draft Hourly Attorney Contract Terms
  5. Current Draft PCRP Independent Case Manager Contract Terms
  6. ​ Current Draft PCRP In House Case Manager Contract Terms​​
For reference and transparency, the previous drafts of the 2025-2027 contracts originally posted on 7/18/25 are included below.​
  1. Previous Draft Criminal Attorney Contract Terms
  2. Previous Draft Juvenile Attorney Contract Terms
  3. Previous Draft PCRP Attorney Contract Terms
  4. Previous Draft Hourly Attorney Contract Terms
  5. Previous Draft PCRP Independent Case Manager Contract Terms
  6. Previous Draft PCRP In House Case Manager Contract Terms

25-27 Contract Questions and Answers​

Updated on 08/27/2025​

Below are responses to questions OPDC received during the 25-27 Contract office hours held on 7/29/25, 8/5/25, and 8/7/25, those received through 8/11/25 from the online feedback forms located on the OPDC website, those submitted by the OCDA on 08/04/2, and those from the 8/20/25 Commission Meeting​

25-27 Contracts: Project Timeline

  • ​7/18/25: Documents and Exhibits will be made available for a review period.
    • The review period will last from 7/18/25 to 8/8/25.
  • 7/21/25: Program Analysts will begin working on the ROC for the 25-27 contracts.
    • Two listening sessions will be set for 7/29/25 & 8/5/25.  We will post FAQ’s after listening sessions.
  • 8/8/25-8/15/25: OPDC will review contractor comments and make any changes to the document.
  • 8/15/25: Mandatory Procurement activity: the document will be sent to DOJ for a mandatory legal sufficiency review that can take up to 2 weeks.  
    • There can be no further changes to document at this point.
    • Any time savings will provide additional time for providers to review final contracts and sign.
  • 8/29/25: OPDC will review DOJ comments and incorporate them into the document.
  • 9/3/25: Mandatory Procurement activity: OPDC will send for final legal sufficiency review. 
    • Any time savings will provide additional time for obtaining signatures.
  • 9/9/25: OPDC will compile the final document to send out to contract administrators.
  • 9/12/25: Contract documents sent out for signature.
  • 10/1/25: New contracts begin.
Contracts for 2023 - 2025​

Linked here are the approved contract terms for the 2023/2025 contracts. 
  1. Criminal Contract Terms
  2. Juvenile Contract Terms
  3. PCRP Contract Terms
  4. PCRP Independent Case Manager Contract Terms
  5. PCRP Case Manager In-House Contract Terms
  6. Exhibit F: Revised and endorsed by the Commission on May 29, 2025​​
Contracts​ 2023 - 2025 FAQ​

What is Exhibit F?

With the transition to the Executive Branch, existing contracts 2023-25, and contracts for 2025-27 will incorporate the language of Exhibit F.

Elements of Exhibit F include:​
  • ​Contractors must promptly pay people providing legal services
  • OPDC's payments to contractors are contingent upon sufficient legislative funding
  • Contractors must not discriminate against employees in compensation on the basis of their being in a protected class
  • Contractors must comply with tax laws​​​
 ​
What does "Contracted Qualification Level" mean? How do I change my qualification level?

Contracted Qualification Level signifies the specific or most serious level of cases for which an attorney is both qualified and obligated to accept appointment to. An attorney will only be paid based on the types of cases they are obligated to take under contract, which may or may not be all case types for which they are certified by OPDS. For example, if a murder-qualified attorney only wishes to take minor felony and misdemeanor appointments, they will only be paid at the minor felony rate.

An attorney wishing to increase their qualification should first check the Qualification Standards and then fill out and submit an Attorney Certification form​ and copy the contract administrator.  Once approved, an OPDS program analyst will work with the contract administrator regarding any needed contract amendments.  ​


Do contracts include funding for contract administration​?​

Yes. The 2023-25 contracts include an additional 5% for administration. OPDC cannot direct contract administrators, who are independent contractors, how to distribute funds once paid out.​ 

What is the difference between "FTE"​ vs "MAC" in the 2023-2025​ contract?

In the 2022-23 contracts, the PDSC dispensed with the term “full-time equivalent" or “FTE" in favor of the term “Maximum Attorney Caseload" or “MAC."  That change posed challenges over the last year, which led to the agency reintroducing the term “FTE" or “FTE Attorney" in the 2023-25 contract terms while retaining the term “MAC."  An easy way to understand the interaction of these two terms i​​s that “FTE" or “FTE Attorney" refers to the attorney and the percentage of their work time they commit to public defense, and “MAC" refers to the associated limit on the number of cases that attorney can take under contract. ​ 

What ​​are the Maximum A​ttorney C​aseloads under the 2023-25?

The 2023-25 criminal and non-PCRP juvenile contracts continue the annual caseload limits established in the 2022-23 contract. These were developed with reference to caseload standards from New York and Washington and the American Bar Association’s The Oregon Project: An Analysis of Public Defense Attorney Workloads. Below are the maximum number of cases a 1.0 FTE attorney may be assigned annually if they are only assigned one case type. For mixed caseloads, attorneys should use the case weights to add up to a maximum of 300 weighted cases per 1.0 FTE per year.​



What is Monthly MAC?

New in the 2023-25 contracts is the requirement that attorneys spread their caseload evenly throughout the year, taking no more than roughly 1/12 annual MAC every month. A 1.0 FTE attorney would therefore aim to take approximately 25 weighted cases every month. The exception to this is for Murder and JLaw cases, which are weighted 50 and therefore more than 1/12 of annual MAC. ​ ​

Does the 15% variance mean I am expected to take up to 115% of my annual or monthly MAC?

No​.  The annual MAC remains 300 weighted cases and the monthly MAC remains 25 weighted cases.

Annual Variance:  OPDS is committed to ensuring that lawyers have caseloads that allow them adequate time to provide constitutionally competent and effective legal representation for their clients.  We recognize that some lawyers have capacity to represent more than 300 weighted misdemeanors annually, and some lawyers have less capacity.  A lawyer’s capacity is impacted by regional differences and the lawyers own experience and resources.  OPDS remains committed to reducing caseloads across the state and is working on promulgating guidance for the annual variance.

Monthly Variance: Prorating the MAC on a monthly basis is intended to protect attorneys from systemic pressures to accept appointment in a high number of cases early in the contract period.  Allowing a contract attorney to exceed the contracted MAC by 15% each month is intended to allow some flexibility.  For example, a murder case is the weighted equivalent of 50 misdemeanors, therefore a contractor who accepts appointment on a murder case will necessarily exceed their weighted MAC in a month.  Some variation is inevitable.  However, OPDS seeks to avoid a long-term variance.  Therefore, if a contractor’s caseload is at 115% of their contracted MAC for three or more months, they should contact their OPDS Program Analyst to determine how to address the circumstances to bring the caseloads within the contracted MAC or adjust the contract. 
 ​

I would like to add another attorney to my contract. Is that possible?

Contract administrators who are interested in adding Attorney FTE to their contract should contact their program analyst with this request.. ​

Will we be appointed to represent people off the OJD Unrepresented Dashboard to fulfill our contracted MAC?

Yes.  Since the beginning of OJD’s Unrepresented Dashboard, contracted providers have accepted appointments for unrepresented persons on OJD’s list under their contracts as capacity allowed. Jurisdictions may vary in how they prioritize and facilitate case assignment. ​
​