In Oregon, long-time district attorneys often retire early, before their terms have been completed. Why? In some cases, this allows the existing district attorneys to hand pick their successors. However, it is not technically the outgoing DA’s job to pick their successor. The existing DA can only make a recommendation. In Oregon, it is the governor who appoints interim DAs to serve until the next election.
The person appointed is commonly a deputy of the outgoing district attorney, and this person becomes the incumbent in the next election. Since district attorney elections are usually uncontested and incumbents have a clear advantage, the appointed district attorney frequently becomes the next longtime DA.
In effect, these appointments determine who many of our district attorneys are. Of the 36 current district attorneys in Oregon, over half first attained their position through gubernatorial appointment.
Appointing a DA is one of the most important public safety and justice-related roles the governor has. However, the governor commonly just picks the interim district attorney without much public notice or clear criteria for evaluating candidates for the job, if more than one candidate was even considered.
How is that appointment done? How do potential candidates learn of an opportunity to be considered for the office? Who is consulted? How does the public find out about this transfer of power?
Governor Brown is taking a more thoughtful approach to these appointments. The public should encourage the Governor to continue to head in a better direction. It’s one of the most important justice related roles the Governor has.
Some government leaders are on the leading edge of innovation, embracing the latest research to implement policies and practices that better serve the public. Unfortunately, that’s rarely the case with Oregon DA’s.
On the job experience must count for something, but continual promotion from within a flawed system is holding back progress and reform. We believe the governor should appoint DAs who are prepared to take our criminal justice system out of the 1990s.
The appointment process needs the time and outreach necessary to ensure that a robust pool of candidates can emerge. To accomplish this, the governor should:
Questions the governor’s office should ask to identify candidates able to modernize our justice system and implement fair and effective policies: