Lawyers for the county argued the state hospital must provide outpatient treatment for people it could not admit. A judge ruled that the case was beyond his court
A judge has dismissed an effort by Marion County officials to force the state of Oregon to provide treatment for people accused of crimes who are unable to stand trial because they are struggling with mental illness.
Multnomah County Circuit Judge Henry Kantor ruled that Marion County lacked sufficient legal standing to pursue its lawsuit that sought to counter discharge deadlines imposed by a federal judge at the Oregon State Hospital in light of the psychiatric facility’s limited resources.
Kantor’s ruling earlier this month is the latest setback for Marion County, which is home to the state hospital’s main campus. County officials, including prosecutors and judges, have actively sought more influence on a federal court order that they say is forcing counties to take over a state responsibility. Discharging patients before they are deemed fit for trial has driven a “steep” increase in county care costs for people whose conditions “require treatment in a hospital setting,” according to the suit.
County spokesperson Jon Heynen declined to comment to The Lund Report, citing the litigation.
Admissions to the state hospital have been significantly limited since September 2022 when U.S. Judge Michael Mosman imposed discharge deadlines at the facility to open up beds for people accused of crimes.
Lawyers for Marion County argued in the lawsuit that if the state hospital is unable to provide inpatient services, it should instead offer outpatient treatment. State attorneys responded that the state hospital legally cannot provide outpatient services.
In his ruling, Kantor wrote that his court does not have the authority to force the state hospital to accept patients from Marion County. He added that a different case before the Oregon Supreme Court could determine whether the state hospital can provide outpatient services. That case centers on Marion County Circuit Judge Audrey Broyle’ order that the county sheriff transport a defendant to the state hospital every Friday for outpatient services. Broyles initiated contempt of court proceedings against two state hospital officials.
Additionally, Kantor wrote that Mosman’s order remains in place and that efforts by Broyles to challenge it have not succeeded.
“There is no reason to believe that the Oregon Supreme Court or Judge Adrienne Nelson (now presiding over the federal litigation) would be influenced by this court’s ruling that regard any more than they have been by Judge Broyle’s orders,” wrote Kantor.
The ruling is the second time Kantor has dismissed Marion County’s lawsuit.
In September 2023, Marion County filed the lawsuit against the Oregon Health Authority, which is in charge of the psychiatric facility.
In February Kantor dismissed the lawsuit, though he said it could be amended and refiled. He concluded that Marion County lacked legal standing and that compelling the state to increase services was beyond his authority.
To make its revised arguments in a June 5 court hearing, Marion County retained prominent attorney John DiLorenzo as well as Aaron Stuckey, both of Davis Wright Tremaine. The move mirrored its recent retention of a nationally prominent conservative lawyer, Jim Bopp, to argue in federal court.
In his ruling against Marion County earlier this month, Kantor again gave permission to file an amended version of the suit.
