BENTON COUNTY, Wash. – According to the Benton County Sheriff’s Office, multiple inmates in the Benton County Jail were released due to a lack of defense counsel.
The release of the inmates is based on a recent Ninth Circuit Court of Appeals ruling on in-custody defendants without assignment of defense counsel.
The ruling, filed on May 31 in the case of Betschart v. State of Oregon, states that counsel must be provided within seven days of a defendant’s initial appearance. If the state does not provide counsel, as required by the Sixth Amendment of the U.S. Constitution, the defendant must be released from custody.
The released inmates do not have any direct impact on BCSO’s cases, however the sheriff’s office says it directly impacts public safety. BCSO is working with the Board of County Commissioners and the Benton County Prosecutor’s Office to address concerns.
BCSO notes that the public defender shortage is not just affecting Benton County and is affecting all 39 counties in Washington.
NonStop Local has reached out to the Board of County Commissioners and the Benton County Prosecutor’s Office for more information and are waiting to hear back.