Standards & Best Practices

OPDC has undertaken to review and revise the qualification standards that attorneys need to meet to be appointed to specific case types. As part of this effort we have convened workgroups with experts in each of our qualification areas to advise and assist OPDC Resource Counsel in drafting new standards which will be presented to the Commission for approval. All group meetings will be recorded and posted here. If you have comments that would be helpful for group members, please email the appropriate Resource Counsel listed to the right.

OPDC is soliciting feedback on its:

Please provide feedback by emailing resource.counsel@opdc.state.or.us, comments will be open until January 15th, 2026.

Attorney Qualifications FAQs

2019 Attorney Qualification Standards.
2026 Attorney Qualification Standards.
Links to both standards can also be found on the OPDC website under the Provider tab, Forms & Programs.

The revised standards will go into effect on February 16th, 2026, six months after the Oregon Public Defense Commission adopted them.

OPDC is tasked with creating and administering standards for appointed counsel. ORS 151.216(1)(k). The current standards (2019 Version) had not seen a full review since the 1990’s. OPDC undertook the process of reviewing and rewriting the attorney qualification standards to bring them in line with changes in the law such as the enactment of mandatory minimum sentences under Measure 11 and Jessica’s Law, the changing landscape of how new attorneys join the practice of public defense, and the expansion of representation in areas like civil commitment and habeas cases.

If you are currently qualified for appointment to cases under the 2019 Standards your qualifications will automatically shift to the 2026 standards without disruption in the types of cases you can accept. Refer to the chart in the 2026 Standards on page 29 for comparison of the standards.
If you are seeking qualifications for the first time prior to February 16th, 2026, you will need to qualify under the 2019 standards.
If you would like to change your qualification level after February 16th, 2026, you will need to meet the 2026 Standards.
If you have not been qualified prior to February 16th, 2026, you will need to meet the 2026 Standards.

Yes, all attorneys will need to resubmit their certifications every three years to keep their certification. OPDC is currently attempting to simplify the recertification process.

If you have maintained your public defense practice, you can maintain your qualification level under the 2019 standards. You will need to meet the 2026 standards to seek certification for new case types. OPDC retains the authority to reduce certification levels in response to complaints according to the complaint policy.

The update to the qualifications should not diminish or cast doubt on the work done by attorneys under the prior standards. The change in standards is not intended to be used as a basis for PCR cases. OPDC is unaware of any PCR case where the standards for public defense work have been used by any court as a deciding factor in granting relief. OPDC does not control the filing of PCR cases and cannot prevent petitions from being filed using the change in qualifications as a justification.

OPDC will realign the funding levels with the revised qualification standards. OPDC analysts are working to determine if and how the changes in the attorney qualifications will impact individual contracts. OPDC expects the largest impacts on contract funding levels will be for attorneys who are currently contracted under murder co-counsel and will shift to contracting at Criminal Attorney 3. It is possible that some contracts will see a reduction in funding. Program Analysts are working with contractors to plan for their individual situations. Specific questions regarding contract funding levels should be directed to the Program Analyst for the jurisdiction.

Attorneys who are qualified for criminal lesser felonies under the 2019 Standards will be automatically qualified as Criminal Attorney 2s under the 2026 Standards. At this level, those attorneys will be expected to accept representation in felony cases not restricted to Criminal Attorney 3 or 4. Some of those cases may be A and B felonies, such as Burglary in the First Degree or Felony Driving While Suspended, which would have previously fallen under Major Felonies in the 2019 Standards. Attorneys with specific questions should contact their contract administrator or the Program Analyst (under Compliance Audit and Performance) or Resource Counsel (under Trial Support and Development) for their jurisdiction.

Under the 2019 standards, an attorney who was qualified for major felonies could accept representation of clients charged under Jessica’s Law (JLAW) or ORS 137.725 or 137.719 (second and third strike sex cases respectively). Major felony attorneys will automatically shift to Criminal Attorney 3 under the 2026 Standards, however, some of their caseload may require Criminal Attorney 4 certification. OPDC is currently gathering a list of impacted attorneys and will be contacting those attorneys to determine the extent to which they will be impacted and their options for moving forward. OPDC is committed to allowing attorneys to keep existing cases and not disrupting existing attorney-client relationships.

Attorneys seeking certification for court appointed cases should fill out this Attorney Qualification Form. Once the form is filled out, attorneys can submit it by uploading the saved PDF to the Attorney Qualifications Nintex Form.

Attorneys who do not meet the qualification standards for a particular level may still qualify to represent clients in those cases in one of two ways. Attorneys (as well as SPPE candidates and law students who meet the Oregon Supreme Court’s Law Student Appearance Rule) may be eligible to represent clients under the supervision of a licensed attorney who is qualified under the OPDC Standards. Attorneys who have practiced out of state or have significant experience in fields other than criminal defense may be able to use that experience to show they meet the requirements of the OPDC Standards through Equivalent Experience.

For instance, the Criminal Attorney 2 qualifications requires submitting examples of motions, do the motions need to be in criminal cases?

Unless specifically stated in the Standards, submissions need only be an example of the applicant’s legal work.

Questions on the qualification standards may be sent to OPDC’s Resource Counsel at Resource.Counsel@opdc.state.or.us. Questions regarding contracting or funding should be directed to the Program Analyst for the jurisdiction.

Public Defense Standards Development

November 6, 2024: Meeting Recording

November 11, 2024: Meeting Recording
November 25, 2024: Meeting Recording

December 4, 2024: Meeting Recording

December 12, 2024: Meeting Recording
December 16, 2024: Meeting Recording

April 30, 2025: Meeting Recording

July 24th, 2025: Meeting Recording

November 6, 2024: Meeting Recording
November 19, 2024: Meeting Recording
November 26, 2024: Meeting Recording
December 4, 2024: Meeting Recording
December 12, 2024: Meeting Recording
January 7, 2025: Meeting Recording
May 5, 2025: Meeting Recording
June 18, 2025: Meeting Recording
June 25, 2025: Meeting Recording
July 23, 2025: Meeting Recording
August 6, 2025: Meeting Recording
August 27th, 2025: Meeting Recording
September 9, 2025: Meeting Recording
September 24, 2025: Meeting Recording

November 6, 2024: Meeting Recording
November 18, 2024: Meeting Recording
December 11, 2024: Meeting Recording
April 28, 2025: Meeting Recording
June 5, 2025: Meeting Recording
June 23, 2025: Meeting Recording
July 29, 2025: Meeting Recording
August 13, 2025 Meeting Recording

November 6, 2024: Meeting Recording
November 18, 2024: Meeting Recording
November 27, 2024: Meeting Recording
December 5, 2024: Meeting Recording
December 11, 2024: Meeting Recording
May 7, 2025: Meeting Recording
May 19, 2025 (Habeas): Meeting Recording
May 19, 2025 (PCR): Meeting Recording
May 30, 2025: Meeting Recording
June 4, 2025: Meeting Recording
June 16, 2025 (PCR): Meeting Recording
June 16, 2025 (Habeas): Meeting Recording
July 25, 2025: Meeting Recording
July 28, 2025 (Habeas): Meeting Recording
August 27, 2025: Meeting Recording
August 28, 2025 (PSRB): Meeting Recording
September 8, 2025 (PCR): Meeting Recording
September 8, 2025 (Habeas): Meeting Recording
September 10, 2025: Meeting Recording
September 22, 2025 (Habeas): Meeting Recording
September 22, 2025 (PCR): Meeting Recording
September 24, 2025: Meeting Recording
October 6, 2025 (PCR): Meeting Recording
October 6, 2025 (Habeas): Meeting Recording
October 10, 2025 (PSRB): Meeting Recording
October 20, 2025 (PCR): Meeting Recording
October 20, 2025 (Habeas): Meeting Recording
November 3, 2025 (PCR): Meeting Recording
November 3, 2025 (Habeas): Meeting Recording
November 12, 2025 (Habeas): Meeting Recording
December 8, 2025 (PCR): Meeting Recording
December 22, 2025 (PCR): Meeting Recording

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Interpreter

Investigator and Mitigation Specialist

IT Tech Support

Paralegals, Legal Secretaries, and Office Support Staff

Supervised Practice Portfolio Exam (SPPE)/CLS

Standards & Best Practices

Performance Standards

Qualification Standards

Attorney Qualification Standards Effective - 2/16/26

Early Disposition Program Guidelines
Oregon Specialty Court Standards

Oregon State Bar Performance Standards

Best Practices for Oregon Public Defense Providers

The Quality Assurance Task Force, an advisory group formed to assist the Executive Director of the Oregon Public Defense Commission in monitoring and improving the quality of public defense services in Oregon, has identified the policies and practices set forth in the document Best Practices for Oregon Public Defense Providers as a means to achieve excellence in public defense services.

Core Staff Role Definitions, Qualification Standards and Performance Standards

Contact Information

Criminal

Email: Jordon Huppert

Juvenile Dependency

Email: Annie Borton

Juvenile Delinquency
Email: Colin Reingold

Quasi-Criminal
Email: Colin Reingold, Jordon Huppert

Standards & Best Practices

Attorney Qualifications FAQs

Where do I find the Qualification Standards?

When will the Attorney Qualification Standards change?

Why did OPDC change the Qualification Standards?

Will my qualifications change?

Do I need to resubmit my certification if my qualification level has not changed?

What if I can’t meet the 2026 qualification requirements when it is time for me to recertify?

Will I be subject to Post Conviction Relief (PCR) or malpractice claims if I no longer meet the qualification standards for cases I am handling?

How does this change the contract funding levels?

What happens if a lesser felony qualified attorney under the 2019 Standards shifts to a Criminal Attorney 2 under the 2026 standards, does that attorney have to take A and B Felonies?

What happens to an attorney qualified for major felonies under the 2019 Standards and has open cases under Jessica’s Law?

How do I apply for certification to accept appointed cases?

What do I do if I don’t meet the qualification standards?

Do submitted motions need to be the same subject matter as the requested qualifications?

What do I do if I have questions that are not answered in this FAQ?

Public Defense Standards Development

Orientation

Criminal

Juvenile Dependency

Juvenile Delinquency

Quasi-Criminal

Core Staff Role Definitions & Qualification Standards Workgroup Recordings

Standards & Best Practices

OPDC Approved Performance & Qualification Standards

Speciality Court Standards

Oregon State Bar Performance Standards in Criminal, Delinquency, Dependency, Civil Commitment, and Post-Conviction Relief Cases

OPDC Recommended Best Practices for Oregon Public Defense Providers

Core Staff Role Definition, Qualification Standards and Performance Standards