What Happened to Law Enforcement's Toolbox?
- In case you missed it, Paige recently published an article in the Statesman Journal. You can read the published version here. The full version is below.
Just two years ago, Oregon’s crime rate was at its lowest point in 50 years. But that’s all changed now. Last year, homicides in Portland hit an all-time high. Shootings tripled. The state was ranked 8th-worst in the country for property crime. Not a day goes by without someone asking me, “Why is crime so bad? Why is it getting worse? Why aren’t you doing anything?” They are worried, frustrated, even angry. The truth is, I am too.
Friends, Oregon’s house of justice is burning, and district attorneys like me are doing everything we can to rescue victims while beating back a fire that’s threatening to engulf us all. But when prosecutors and police reach for our tools, they’re gone.
Over the last three years, our public safety toolbox has been gradually emptied by our state’s leadership. I see the consequences every day. Officers’ hands are tied; our hands are tied; our trial judges’ hands are tied. We are fighting a losing battle because we don’t have the tools to win.
If our leaders’ decisions are examples of criminal justice reform, then we’re left to conclude criminal justice reform is for criminals only. Our state’s focus has gone wrong. It no longer sees the public, nor the victims trapped in a system that’s figuratively ablaze.
The tools typically used to reduce homicide, property crime, drug offenses and DUII have been looted by all three branches of government. Collectively, the legislature, Oregon appellate courts and governor have blunted law enforcement's ability to search cars and seize guns and drugs and have released more than 1,000 prisoners via commutations or full pardons.
The legislature just passed Senate Bill 1510 that bars police from stopping a vehicle for a “lighting violation.” Now police are no longer allowed to enforce laws on the books. Driving at night without proper lighting is still dangerous, precisely the reason it’s unlawful. These infractions can also be signs that something’s amiss with the driver; he or she is distracted, having a medical emergency, drunk or high on drugs. The infamous serial killer Ted Bundy aroused a keen officer’s suspicion all because he turned off his headlights at night. Do we really want to take this tool away from law enforcement?
The legislature has effectively ended the death penalty while making it harder to send a murderer to prison for life, and the Oregon Supreme Court is allowing anyone sentenced under the “old” definitions of aggravated murder to get new, milder sentences. I cannot express how heartbreaking it was for prosecutors and the victims we serve to be asked to testify at the Capitol about Senate Bill 1013’s impact while simultaneously being admonished not to describe the violent crimes at issue because the words “rape” and “murder” are too traumatizing. Are we okay with a system in which those with the power to legislate what justice is for victims couldn’t bring themselves to even listen to victims’ real-life experiences?
When it comes to property crimes, the legislature carved five months off voter-approved sentencing for repeat offenders of first-degree theft and identity theft.
As for drugs, Oregon is now America’s great experiment. Financed by out-of-state interests with a slick and disingenuous marketing campaign that played to our signature Oregonian compassion, Ballot Measure 110 decriminalized possession of hard street drugs like meth, heroin and cocaine for adults and children. It promised treatment in lieu of criminal charges for those struggling with addiction. Yet the threat of jail time and the accompanying accountability is a powerful motivator that was once an effective tool for getting addicts into drug courts and treatment. No longer. Of the 1,826 folks ticketed for drug possession statewide in the last year, only 19 called the phone number and asked for further services. They are not required in any way to follow up with that treatment. And nobody is checking that they do. Meanwhile, Marion County’s overdose numbers are up 100 percent from the previous year, and large narcotic seizures are happening everywhere. We’ve traded a public safety system that was once an effective bridge to treatment for one that turns a blind eye to increasing death and hangs out a neon “welcome” sign for organized drug cartels.
The most physically and sexually violent juvenile offenders, whom Oregonians voted should be tried as adults under Measure 11, are back in juvenile court, per the legislature. And those convicted as juveniles are eligible for parole after 15 years, no matter the grisly circumstances or their number of victims. Under these new laws, Kip Kinkel, who at age 15 murdered his parents and two classmates in a Springfield school shooting, would’ve been eligible for parole more than a decade ago. Despite the legislature’s promise that this law change would not be retroactive, the governor nonetheless used her clemency powers to make it so for hundreds of offenders.
Prosecutors are being weighed down with new requirements at roughly the same rate that our crime-fighting tools are being taken away. Convicted criminals can now legally ask a current DA to dismiss or vacate charges made by previous DAs, politicizing our job and increasing our workload. We must now provide personal phone numbers for prosecutorial witnesses to defendants, which seems fair except defendants have no such reciprocal requirement. We’re required to share information with defense teams earlier than ever before without any law saying they must do the same.Our state leaders seem to believe prosecutors and police have all the advantages, a wholly false narrative. Now more than ever, criminals have the law on their side and the support to prove it. As far back as 2008, Oregonians have paid more per capita for indigent defense than every state except Massachusetts, and that budget has only increased since. Each year the state public defender’s budget is $47.5 million more than all 36 county District Attorney budgets combined. The Office of Public Defense employs 592 full-time defense attorneys, outpacing the state’s 429 full-time prosecutors. Add the private attorneys who also do defense work, and that disparity is greater still.
I see that Oregon’s public safety system is burning. I’m sure you see it too. Victims need our help now more than ever, and it’s never been more difficult to protect them. And so it’s never been more important for our communities to say enough is enough. Let’s tell our leaders to give prosecutors and law enforcement the tools they need to put out the fire.
About Paige Clarkson
A Little Background
Balancing Public Safety & Compassion
A Little Background
Paige is the current Elected District Attorney of Marion County since 2019 (first appointed in 2018). She is a 1999 graduate of Willamette University College of Law. A member of the Oregon State Bar since that time, Paige has served as the President of the Oregon District Attorney's Association since 2019 and regularly works to promote r
Paige is the current Elected District Attorney of Marion County since 2019 (first appointed in 2018). She is a 1999 graduate of Willamette University College of Law. A member of the Oregon State Bar since that time, Paige has served as the President of the Oregon District Attorney's Association since 2019 and regularly works to promote responsible public safety policy at our State Legislature. She currently serves on the Chief Justice Advisory Committee, the statewide Alcohol and Drug Policy Commission, the Marion County Public Safety Advisory Committee and our local Justice Reinvestment Council. She has served on the Oregon State Hospital Advisory Board, and continues to lend her expertise on numerous statewide workgroups to improve law enforcement policy.
Paige's entire career has been committed to the District Attorney's Office and she has worked tirelessly for over two decades holding offenders accountable on behalf of our community and especially for victims of crime. She has been at the Marion County District Attorney's Office since 1997 starting as a law clerk, then becoming a line attorney, a senior Deputy District Attorney and was promoted to Trial Team Leader over a decade before being elected as our District Attorney.
Paige is an enthusiastic supporter of Liberty House, CASA of Marion/Polk Counties, the Center for Hope and Safety as well as Catholic Community Services and the Union Gospel Mission.
Paige calls South Salem her home and lives there with her husband who is both the Black Butte Ranch Chief of Police and a Retired Lieutenant Colonel in the United States Marine Corps, their four teenagers and a plethora of furry moochers, including two lawn-mowing goats named Cagney & Lacey.
Core Values
Balancing Public Safety & Compassion
A Little Background
*Accountability-It is the obligation of the District Attorney to hold offenders accountable when our laws are violated. The safety of our community requires a commitment to the principles of law and order and a fidelity to victims of crime in both the charging and sentencing of crime. Under Paige's leadership, our community has a truste
*Accountability-It is the obligation of the District Attorney to hold offenders accountable when our laws are violated. The safety of our community requires a commitment to the principles of law and order and a fidelity to victims of crime in both the charging and sentencing of crime. Under Paige's leadership, our community has a trusted, tested, experienced prosecutor who understands the importance of accountability and has proven herself to be dedicated to the safety of Marion County. Paige knows what it takes to keep our community safe.
*Experienced Leadership – The complexities of the District Attorney’s Office demand a strong leader. Throughout her tenure, Paige has demonstrated the vision and guidance necessary to direct the growth of a diverse and challenging office. As District Attorney, Paige leads over 150 employees and volunteers and manages a 13 million dollar budget to handle the over 10,000 criminal cases reviewed every year. Paige is instrumental in collaborating with other local law enforcement leaders to craft local public safety policy and has shaped legislation to better serve victims, protect minimum sentences for the most violent of crimes and use jail and prison responsibly to protect our community.
Paige's career reflects both an unparalleled breadth of understanding regarding the job of the District Attorney, and the depth of compassion necessary to help those in our community affected by crime. Paige has successfully prosecuted everything from DUII to Murder, navigated the criminal justice system with countless victims, and has developed vital connections with key law enforcement partners in our community. Paige is widely regarded as a crucial, decisive and knowledgeable partner among police agencies in Marion County.
*Integrity – Paige is respected by her legal colleagues and community members alike for her tested, trustworthy record and a commitment to continue to ensure accountability for criminal offenders through the enforcement of the law, responding to the concerns of victims and the public, and working in cooperation with all members of the justice system.
Balancing Public Safety & Compassion
Balancing Public Safety & Compassion
Balancing Public Safety & Compassion
*The Right Balance to Protect Our Community
Under DA Clarkson's leadership, the Marion County District Attorney's Office continues the work of always doing the right thing at the right time for the right reason. With Paige at the helm of both Marion County and the statewide Oregon District Attorney's Association, the Marion County DA's
*The Right Balance to Protect Our Community
Under DA Clarkson's leadership, the Marion County District Attorney's Office continues the work of always doing the right thing at the right time for the right reason. With Paige at the helm of both Marion County and the statewide Oregon District Attorney's Association, the Marion County DA's Office is widely regarded as a criminal justice leader in the state and serves as a model of fairness and reformative programming for victims and criminal defendants alike. Her dedication to our community's safety is evident in her strong belief in accountability for violent offenders while still exercising empathy for those struggling with addiction and mental illness. She understands the need to balance innovative reform efforts with the tough and decisive prosecution of dangerous offenders.
Paige's Goals:
*Continue the mission of serving victims of crime by maintaining one of the best victim assistance divisions in the state.
*Supporting at-risk children and families through innovative multi-disciplinary teams that encourage health, safety and growth for child victims and reform for juvenile offenders to avoid future contact with the criminal justice system.
*Prioritizing violent crime and ensuring the correct budgetary resources are dedicated to successful prosecutions.
*Engaging Treatment. Paige was the architect of Marion County's belief in treatment first for those whose addictions drive illegal choices. Recent changes in the law have hampered law enforcement's ability to engage with those suffering from substance use disorder but under Paige's leadership, non-violent offenders with addiction and mental health issues will still be diverted from jail to heathier lives through programs that reward treatment and sobriety. Paige was essential in the local creation of the Law Enforcement Assisted Diversion (LEAD) program in our county that has helped countless members of our community find health and healing because of a compassionate connection with our public safety system. Paige will continue to promote and support successful programs like LEAD not because it satisfies a national narrative, but because it's the right thing to do.
*Innovative Programming. Because of her career-long commitment to law enforcement and public safety, Paige has seen first-hand the positive results of compassion for those whose prior trauma has led to criminal choices. Marion County has found great success in treatment courts for Veterans, as well as those with Mental Health Concerns and Drug Addiction. Those programs cannot exist without the support and collaboration from DA Clarkson's office and these successful efforts will continue to be prioritized under Paige's leadership.
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Who is Our DA and What Does She Do?
Paige Clarkson as DA
More Than Prosecution: Working for Victims, Families & Community
The DA's Vital Role in Criminal Cases
Paige is not just a lawyer in the District Attorney's Office. She is a resident of our county, a mother of four children who attend the Salem-Keizer Public Schools and whose growth and health in our community is a priority to her, and a supporter of many Marion County organizations that seek to better our community at large.
Examples of Her Community Interests and Activities Include:
- OREGON STATE HOSPITAL ADVISORY BOARD-Former Board Member.
- MORNINGSIDE ELEMENTARY SCHOOL PARENT CLUB-Former President and Vice-President.
- DEPARTMENT OF PUBLIC SAFETY STANDARDS AND TRAINING (Oregon's Police Academy)-Instructor
- STATEWIDE "BRADY" WORKGROUP-Member and co-author of Oregon's best-practices for discoverable material regarding law enforcement in criminal cases
- OREGON DISTRICT ATTORNEY'S ASSOCIATION LEGISLATIVE COMMITTEE-Member
- MARION COUNTY REENTRY INITIATIVE-Keynote speaker at Second-Chance Breakfast 2016
- SALEM POLICE FOUNDATION-Keynote speaker at Chief's Breakfast 2016
- MARION COUNTY LAW ENFORCEMENT IN-SERVICE TRAINING-Instructor on various legal topics for The Marion County Sheriff's Office, Salem Police Department, Keizer Police Department, Woodburn Police Department, Hubbard Police Department, Stayton Police Department, Silverton Police Department, The Oregon State Police
- OREGON DISTRICT ATTORNEY'S ASSOCIATION CONFERENCE-Speaker/instructor on various legal topics
- LIBERTY HOUSE, UNION GOSPEL MISSION, SALEM LEADERSHIP FOUNDATION-Supporter
- HOMICIDE ASSAULT RESPONSE TEAM (HART)-DA coordinator and leader
- HIGHSCHOOL & BOYS & GIRLS CLUB VOLLEYBALL, CFC SOCCER AND LOCAL GYMNASTICS-Sideline mom and loudest cheerleader
The DA's Vital Role in Criminal Cases
More Than Prosecution: Working for Victims, Families & Community
The DA's Vital Role in Criminal Cases
In Marion County, the District Attorney's Office is comprised of several different important sections that respond to crime and affect the lives of residents:
- ADULT PROSECUTION: Deputy District Attorneys in this section prosecute cases committed by adults and managed by the Marion County Circuit Court. Both misdemeanors and felonies are handled by these lawyers. The paramount goal in these matters is holding the offenders accountable for their actions, making victims whole again, and seeking an appropriate sentence as dictated by the offense and the offender.
- JUVENILE DIVISION: Deputy District Attorneys in this division serve a dual function. First, they work closely with members of the Marion County Juvenile Department when those under 18 have come into contact with law enforcement (known as "delinquency" cases). The primary goal in these cases is to seek reformation and rehabilitation for these youth and get them on the right track to be productive adults. Second, these lawyers further work to ensure that Marion County's children are raised in safe, healthy, drug and crime-free homes (known as "dependency" cases). Some families require education, treatment, and other wrap-around services in order to provide the right environment for raising children. The goal is family unification and healthy homes for kids. These goals require complex coordination with juvenile judges, lawyers that represent all sides, CASA (Court Appointed Special Advocates for kids) volunteers, vital community services, and foster families.
Paige is proud of the work these lawyers do every day on behalf of their community, showing compassion to victims of crime and working collaboratively with criminal justice system partners to improve the lives of Marion County residents. Paige has made it a goal to continue to promote this important effort.
More Than Prosecution: Working for Victims, Families & Community
More Than Prosecution: Working for Victims, Families & Community
More Than Prosecution: Working for Victims, Families & Community
In Marion County, the District Attorney's Office umbrella extends over several other important services. Our county would not function without them.
- VICTIM'S ASSISTANCE DIVISION: Marion County boasts one of the very best Victim's Assistance Divisions in the state. Specialists in this part of the office work alongside specially trained volunteers who devote thousands of hours to helping victims of crime. Common services include: navigating a complicated system with victims, seeking restitution for loss and medical treatment, connecting to community resources for housing, treatment, and family services, planning for safety in the face of violent crime, seeking restraining orders and lending a listening ear. Advocates in this division are truly the heart of the office.
- SUPPORT ENFORCEMENT DIVISION: The Support Enforcement Division of the DA's Office seeks to ensure that parents are meeting their legal duty to financially provide for their children. These dedicated lawyers not only assist the primary parent in obtaining child support, but have created innovative programs to assist those parents with support obligations in finding employment and thus meeting those obligations. Marion County families are stronger because of this effort.
- MEDICAL EXAMINER'S OFFICE: The members of the Marion County Medical Examiner's Office are statutorily charged with investigating all deaths that occur in our jurisdiction. They must respond to death scenes, work with law enforcement and the State ME's Office to determine the cause and manner of death, and help surviving family members manage administrative details (such as death certificates) during what is a very difficult time in their lives.
Paige is excited to continue to promote the important work of these divisions. She plans to support the efforts of these specially trained individuals in doing their work. Marion County needs these unique services and Paige is the DA Candidate who knows the challenges of these areas and can continue to elevate their vital endeavors.
Specialty Courts and the DA in Marion County
The DA and Reformative Programming in Marion County
More Than Prosecution: Working for Victims, Families & Community
Paige has been fortunate to directly participate in the specialty court process. This gives her valuable insight into the unique needs of individuals struggling with addiction and mental health challenges. These programs do not work without DA leadership.
The Marion County Judicial System has an established history of recognizing that not all criminal defendants are the same. A strong criminal justice system seeks to understand the root causes for certain criminal behavior and works collaboratively with community partners to obtain services for those who want to change.
THREE specialty courts in Marion County do just that. In VETERAN'S COURT, DRUG COURT AND MENTAL HEALTH COURT, defendants with addiction and mental health challenges who might otherwise be facing incarceration, are instead provided with intense supervision and treatment to get healthy and move forward toward productive, crime-free lives.
Paige is the lead attorney in Veteran's Court and has witnessed firsthand how such programs change lives. Further, as the wife of a combat veteran, she is uniquely suited for that position and understanding the challenges faced by those who have served. Paige is also the supervisor of the drug prosecution team whose participation in drug court is vital to its success. She aims to continue the DA's role in all three important courts.
The DA and Reformative Programming in Marion County
The DA and Reformative Programming in Marion County
The DA and Reformative Programming in Marion County
Paige considers herself fortunate to work in a county that values the DA's role in creating, maintaining and promoting progressive programs that not only address crime but attempt to quell recidivism, over-incarceration, and future victimization.
Marion County criminal justice services (including the Sheriff's Office, Parole and Probation and the Circuit Courts) have partnered with community services and the DA's office to focus on programs that address the genesis of many criminal acts and seek to prevent future commission of crime. These efforts include:
- THE 416 PROGRAM-seeks to divert repeat property offenders from prison to supervision-intensive probation so as to erase the addiction issues that motivate these non-person, non-violent crimes. The Marion County DA's office is the gatekeeper of this program and identifies those that both qualify and might benefit.
- THE .370 PROGRAM-seeks to intervene with those whose mental illness has driven minor criminal activity but who require significant services to remain safely in the community. Together with a grant from Marion County Mental Health, the DA's Office commits a part-time attorney to manage these challenging cases and keep these folks out of both the jail and the State Hospital. Significant savings to the taxpayer result.
- FAMILY SENTENCING ALTERNATIVE PROGRAM (FSAP)-assists criminal offenders with young children who might otherwise go to prison thus forcing their kids into foster care, to rebuild their lives in the community with treatment, parenting skills and job training. The DA identifies those offenders who might best benefit from this help and are most likely to succeed. Sentencing recommendations are crafted by the DA appropriately.
- DA DRUG DIVERSION (DAD)-Paige is the architect of a program that promotes treatment first for low-level, first-time drug offenders rather than criminal convictions. Such a treatment-focus aims to quell the addiction motive for future crime.
- LAW ENFORCEMENT ASSISTED DIVERSION (LEAD)-Paige co-chairs the Marion County committee to bring this program to life. Based on a Seattle model of the same name, LEAD would connect the patrol officer on the street with a program navigator to reach the chronically service-resistant (often homeless) offender who has committed minor livability offenses. The DA's office would forego prosecution when these offenders seek treatment and show progress toward healthier lives. Such a program can serve to lower the jail population and make downtown and business areas safer for the community by reducing future crime.
Paige has prioritized these programs as District Attorney because they help keep us safe.
What Does the DA Do and How Does That Work?
The DA and Reformative Programming in Marion County
The DA and Reformative Programming in Marion County
Paige's 20 years of experience in the DA's Office provides her with a thorough understanding of the role of the DA in our criminal justice system. She is a strong voice for victims, a thoughtful advocate in the courtroom, and a compassionate community -minded prosecutor. Paige knows this job and the vast responsibility that comes with it.
The District Attorney's duty is to follow the law and hold offenders accountable as dictated by the statutes passed in the Oregon State Legislature. These laws are a stable force that seek to treat people fairly and consistently. The work of the DA, therefore, cannot shift easily with public opinion but rather is guided by laws governing what is considered criminal behavior and what the proper consequences should be for violating that rule of law.
The DA works closely with every law enforcement agency in each jurisdiction to review police investigations, apply the law and prosecute those responsible. The DA makes the charging decision and is responsible for representing the State in court throughout the process, but each criminal defendant has constitutional rights guaranteeing representation by a defense lawyer, trial by a jury of his or her peers, judicial oversight by an elected judge whose rulings control the evidence, and appellate rights in higher courts that ensure a fair and impartial system. The DA carries a heavy burden, namely to prove each case beyond a reasonable doubt. Such a burden is unmatched in any system in the world.
The DA is thus an important partner in the criminal justice process but does not have the final say in the result of any prosecuted case. The American Criminal Justice System is specifically designed to balance that power.
Paige is committed to the law and the DA's role both in holding people accountable within its bounds and working within the legal process and alongside community partners to effectuate just results. As District Attorney, Paige is a public service leader and is committed to continue to serve our community as she continues to lead the DA's Office into the future.
Where in Marion County...?
10.27.17 Salem City Club
Paige and Sheriff Jason Myers discussed law enforcement concerns in light of the opioid epidemic. A new approach can make a difference for our community.
9.26.17 Keizer
Paige spent time with Gator and Denise today on KYKN 1430AM. You can listen to them chat it up and discuss the DA's role in our community. Plus, find out who Paige gets along with 39% of time.
http://www.kykn.com/podcasts/?p=episode&name=2017-09-26_2017-09-26_hour_2.mp3
9.15.17 Silverton
Paige enjoyed a Creekside Chat with the Statesman Journal
