Settlement Reached in Whistleblower Retaliation Suit

Improperly fired Oregon OPDS Executive Director Stephen Singer to receive $380,000

The public whistleblower lawsuit filed late last year by Stephen Singer — the wrongfully terminated Executive Director of Oregon’s beleaguered Office of Public Defense Services — has apparently been settled, as first reported yesterday in the Oregonian.

Singer’s attorneys had asked for more than $2.4 million in damages for his mistreatment, in a complaint that meticulously chronicled the abuse of authority by former Chief Justice Martha Walters, which had led directly to his firing.

Reached through his attorney, Singer stated,

“Every significant development regarding public defense in Oregon since my wrongful discharge reaffirms this: the number of unrepresented defendants in state custody has increased over eightfold, even as Oregon increases spending on public defense; the Public Defense Commission has been restructured to remove unchecked power from the Chief Justice, making it impossible for another director to be fired the way I was.

I believe that the current OPDS director is a thoughtful and experienced leader. Nevertheless, fundamental structural change to Oregon’s system of public defense is the only thing that will improve the circumstances of the thousands of Oregonians who face criminal charges but cannot afford a lawyer. I sincerely hope that my lawsuit has drawn attention to this crisis and can be a small step towards the change that Oregon so desperately needs.”

Attorney Ashlee Albies had stronger words for Walters — who retired within days of the filing of Singer’s lawsuit — but also for the commission chair Per Ramfjord, and State Court Administrator Nancy Cozine. Cozine previously held Singer’s job and despite her failure at it, was included in OPDS commission meetings by Walters. Albies stated,

“The payment of $380k by the State to Mr. Singer reflects what happened in this case: last August, then Chief Justice Martha Walters, in concert with Public Defense Commission Chair Per Ramfjord, wrongfully terminated Steve Singer as director of OPDS in retaliation for his raising concerns about the unconstitutional and wasteful public defense system that he was hired to reform.

Mr. Singer, a nationally recognized expert in public defense, was forced out because he refused to kowtow to Martha Walter’s and her State Court Administrator Nancy Cozine’s demands for how to fix the problems they created by years of undercompensating public defense attorneys and attempting to appoint unqualified attorneys.”

Just last month Singer appeared positioned to face additional retaliation from Oregon related to the lawsuit. Specifically, the Oregon Department of Justice wanted permission to “use or disclose” any confidential information it obtained about Singer or others “for legitimate law enforcement purposes.”

The DOJ has now agreed to pay Singer more than a year-and-a-half’s salary for his trouble, but also to give Singer a “neutral job reference,” according to the Oregonian’s report.

All because Martha Walters didn’t like Singer’s tone — and because he wouldn’t praise her for her bizarre plan to send in law students, retirees, and other miscellaneous unqualified volunteers to make up for Oregon’s public defense shortfall.

Her plan was not just laughable, it was unconstitutional.