This story will be updated.
Oregon officials have asked a federal judge to pause a contempt-of-court ruling against the state to allow time to appeal her decision that Oregon must pay fines for letting mentally ill people languish in jail with inadequate care.
In its federal court filing Wednesday, the state’s lawyers argued that U.S. District Judge Adrienne Nelson hadn’t given the state a chance to respond to an outside expert’s report questioning the state’s efforts to address the civil rights violations and improve management of the troubled Oregon State Hospital to make room for new admissions from jail.
The state could have refuted expert Debra Pinals’ assertions if given the chance, state officials argued, saying, “Defendants were not given an opportunity to be heard or controvert any of those facts or to challenge their significance.”
Earlier this month, Adrienne Nelson issued a contempt order that comes with fines of $500 a day for each person experiencing mental illness who spends more than a week in jail after a finding that they are not competent to stand trial. The order relied heavily on a report issued by Pinals long after the court held two days of arguments and witness testimony.
Further, the state argued in its appeal, the cost of paying the fines connected with the contempt ruling are prohibitive, making it likely that a significant number of hospital staff positions would be eliminated or go unfilled. The contempt order also requires the state to fund a new watchdog office headed by Pinals, who would be elevated to court monitor and given new authority over the state.
The State Hospital has overwhelmingly become a place that houses criminal defendants deemed unable or unready to stand trial, and conditions there have long been under scrutiny.
Three Oregon State Hospital patients have died over the past year, including one in March. Outside inspectors have faulted the Oregon Health Authority, which operates the hospital, for mismanagement and a failure to establish a culture of safety.
A report issued by federal officials in late May echoed those earlier findings and said the Oregon Health Authority's top leadership had failed to address issues. It also cited employees’ reports that the former superintendent and chief medical officer “ignored and dismissed” concerns over patient deaths and serious patient harm.
The inspection the federal report was based on — conducted by Oregon Health Authority inspectors — happened around the time top health authority officials asked for the resignation of then-interim Superintendent Sara Walker, who also served as chief medical officer.
At the time, Kotek issued a prepared statement citing new information received to justify Walker’s removal, but her office refused to elaborate. Walker declined to comment.
Pinals’ report, issued before the findings alluding to Walker were issued, criticized the state for removing Walker.
The state has been trying to hire a permanent superintendent for the hospital since Dolly Matteucci resigned in March 2024.
Two recruitments to replace her have failed. A retired former St. Charles Health executive, Jim Diegel, is serving as an acting superintendent. Diegel and Oregon Health Authority Deputy Director Dave Baden declined a request for an interview to discuss their vision for changes at the facility.
