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Mike Schmidt (lawyer)

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Michael Schmidt (born 1980/1981)[1] is an American attorney and a progressive prosecutor.[2][3] He has served as the Multnomah County District Attorney since August 2020. Originally set to begin his term on January 1, 2021, Governor Kate Brown appointed him to the job early, in August 2020, to replace Rod Underhill, who retired in July.[4] Schmidt will be succeeded by Nathan Vasquez on January 1, 2025 at the end of his term after conceding loss in the primary election in May 2024.[5][6]

Mike Schmidt
District Attorney of Multnomah County
Incumbent
Assumed office
August 1, 2020
Preceded byRod Underhill
Succeeded byNathan Vasquez (elect)
Personal details
Born1980 or 1981 (age 43–44)
Weedsport, New York, U.S.
Political partyDemocratic
EducationVassar College (BA)
Lewis and Clark College (JD)

Career

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Early career

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In 2003, Schmidt graduated from Vassar College with a bachelor's degree in political science. He then spent two years in New Orleans through Teach for America.[7] In 2005, Schmidt moved to Portland, Oregon to attend Lewis & Clark Law School. Initially interested in environmental law, Schmidt enjoyed criminal law as a student and interned for then-Multnomah County District Attorney Mike Schrunk. Schmidt graduated with a Juris Doctor in 2008 before becoming a Deputy District Attorney in Multnomah County, Oregon.[7]

In 2013, Schmidt left the District Attorney's office and became counsel for the Oregon House and Senate Judiciary Committees. In 2015, then-Governor John Kitzhaber appointed Schmidt as Executive Director of the Oregon Criminal Justice Commission.[8][9]

District attorney

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In 2020, Schmidt announced that he would run for Multnomah County District Attorney. Then-District Attorney Rod Underhill did not seek reelection. Schmidt ran against Assistant U.S. Attorney Ethan Knight, who earned Underhill's endorsement.[7] During the campaign, Schmidt was endorsed by many top Oregon Democrats, including Tina Kotek, Earl Blumenauer, and Jo Ann Hardesty.[7] Schmidt defeated Knight with a 76.6% vote.[7]

Schmidt represents a progressive view towards prosecutions and criminal justice reform, preferring alternatives to prison, against trial as an adult for juveniles, for police accountability, against mandatory sentencing, and against the death penalty. Since a DA has the power to decide who to prosecute, his stance can influence local and statewide cases to counter what has been described the "irrationality of our system" of biased prosecution using data-driven outcomes.[9][8][10]

Days after the election results, on June 16, 2020, Rod Underhill resigned his position immediately, to the surprise of Schmidt. Underhill noted the changing environment with police violence, Black Lives Matter, and George Floyd protests. The Portland Mercury noted that Underhill's resignation was less than a week after the resignation of Portland Police Chief Jami Resch.[10][8]

Governor Kate Brown appointed Schmidt to fill the seat on July 7, 2020.[10][8] The following day, the president of Multnomah County Prosecuting Attorneys Association resigned.[11] Mike Schmidt took office on August 1, 2020.[10][8]

Announced formation of a "Justice Integrity Unit" on September 1, 2021, and dedicated $524,387 to staff the effort to examine wrongful convictions and review prison sentences for people serving time. Ernest Warren, who founded the first Black-owned defense law firm in Oregon, will lead the unit.[12]

In what the Oregonian called a "change of tone", he said, following protests in April 2022, “The violence and property destruction we’ve seen in Portland nearly 11 months is unacceptable,” said Schmidt.  “As district attorney, I will always defend a person’s right to free speech but I will not defend, nor support anyone who knowingly or recklessly or intentionally destroys property or engages in violence.”[13]

Long time prosecutor Amber Kinney resigned January 10, 2022, with a 7-page letter criticizing his leadership, saying that progress, especially for women, has been "set back decades".[14]

In an opinion piece published March 27, 2022, in the Oregonian, Schmidt complained about a 300% increase in case count and 150 felony cases that cannot be prosecuted without violating the Constitution, for lack of a public defender. A circuit court judge had recently dismissed three felony cases including serious domestic violence. He admits to a prosecution rate of 7 of 10 burglaries referred by the police, who in turn refer only 10 of 100 burglaries reported, and he did not mention a conviction rate in the article.[15]

George Floyd / Breonna Taylor protests

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Schmidt gained notoriety shortly after taking office for refusing to prosecute people who were arrested participating in the George Floyd protests unless there is "deliberate property damage, theft, or threat of force."[16][17][18] Of the 550 cases referred by police as of August 10, including 417 misdemeanors and 133 felonies, Schmidt planned to prosecute only 47 cases, all felonies.[17] In an August 11 announcement Schmidt characterized the policy as "recognizing the right to speak" while emphasizing that it was not a free pass to commit acts of violence.[19] A notable case where charges were dropped was against Demetria Hester, a leader in the Wall of Moms movement.[19]

In an open letter published on August 7, Portland Police Association president Daryl Turner called on both Schmidt and mayor Ted Wheeler to "step up and do your job", calling their operational direction "insane" and describing Schmidt's platform of police accountability as "a thinly veiled threat to indict police officers".[20][18] In a meeting, a police officer reportedly told Schmidt "I don’t trust anything you do or say because you’re antifa."[21][22] Turner also stated that Schmidt was "George Soros-backed", though a union representative denied that he said that.[21][22] An activist described the law enforcement responses as "lashing out", and another described it as political spin.[21] Schmidt stated that he thought it was ironic that police criticized his office for dropping minor infractions while their own officers ignored crimes committed by armed white supremacists.[21]

On September 4, 2020, Patriot Prayer leader Joey Gibson and a supporter sued Schmidt, seeking an injunction to halt their prosecution for inciting a riot between left and right wing protestors at Cider Riot in 2019.[23] In the suit, Gibson alleged selective prosecution based on political beliefs after Schmidt refused to drop his own riot charge despite dropping other charges for George Floyd protesters.[23] The case was later dismissed.[24]

Gun violence

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In a press conference with other Multnomah County leaders on September 23, 2021, Schmidt told victims of gun violence that "help is on the way"[25] before announcing a $1 million investment from the county for added prosecutors and investigators devoted to homicides. This is the first investment for added prosecutors in the Multnomah County District Attorney's Office in decades. The announcement was coupled with a plan for collaboration between public health and public safety agencies, "The old war on crime approach to public safety, which leans almost exclusively on law enforcement, prosecution and punishment is both ineffective and causes profound long-term harm, especially on communities of color,"[26] County Chair Deborah Kafoury said at the press conference in reference to the County's 21st-century approach to addressing gun violence.

Drug decriminalization

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Schmidt endorsed Ballot Measure 110 in 2020, which removed criminal penalties for possession of small amounts of all drugs.[27] On December 17, after voters approved the measure, Schmidt announced he would implement the changes immediately, several months before the measure took effect statewide on February 1, 2021.[28]

In late 2023, as polling showed declining public support for Measure 110 and multiple groups began efforts to repeal the measure, Schmidt continued to oppose criminal penalties for simple possession.[29] Instead, he advocated for proposals to criminalize public consumption of drugs and to make it easier to prosecute drug dealers.[29]

On February 26, 2024, Schmidt testified in support of a proposal by the Oregon Legislative Assembly to reinstate criminal penalties for possession of hard drugs.[30] Citing the recent impact of fentanyl[broken anchor], Schmidt stated that “we can approach addiction as the health issue it is, while also holding people accountable.”[30]

Re-election loss

Schmidt lost his reelection bid to Nathan Vasquez in the Primary. Vasquez, a prosecutor in Schmitz’s office, ran against Schmidt, challenging his progressive stance.[31]

Personal life

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Schmidt lives in Southeast Portland.[9] He is married to Clare Schmidt.[32]

Published works

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  • Schmidt, Mike (March 27, 2022). "Opinion: A system in crisis puts safety at risk". oregonlive. the Oregonian. Retrieved March 29, 2022.
  • Multnomah County prosecutor resigned over what she described as the failed leadership of District Attorney Mike Schmidt https://www.documentcloud.org/documents/21180898-kinney-resignation-letter

See also

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References

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  1. ^ House, Samantha (September 7, 2020). "Portland's New DA, Thrust into Center of City's 100 Days of Unrest, Grew up in CNY". The Post-Standard. Archived from the original on October 9, 2020. Retrieved October 7, 2020.
  2. ^ "Tough-on-crime challenger leading in race for district attorney in Portland, Oregon". AP News. May 21, 2024. Retrieved May 22, 2024. Generally, progressive district attorneys such as Schmidt..
  3. ^ Chait, Jonathan (May 22, 2024). "Republican Moderates Went Extinct. But Democratic Moderates Keep Winning". Intelligencer. Retrieved May 22, 2024.
  4. ^ "Meet Multnomah County's new District Attorney Mike Schmidt". Multnomah County. August 10, 2020. Archived from the original on September 12, 2020. Retrieved September 12, 2020.
  5. ^ "Nathan Vasquez prepares to take on the role of Multnomah County district attorney". kgw.com. May 22, 2024. Retrieved May 23, 2024.
  6. ^ "Tough-on-crime challenger leading in race for district attorney in Portland, Oregon". AP News. May 21, 2024. Retrieved May 23, 2024.
  7. ^ a b c d e Nerli, Nicholas (October 2, 2020). "New DA recalls time at LC, discusses turbulent first two months on the job". The Mossy Log. Retrieved May 1, 2024.
  8. ^ a b c d e Conrad Wilson (June 16, 2020). "Multnomah County District Attorney Rod Underhill To Step Down". opb. Archived from the original on September 14, 2020. Retrieved September 17, 2020.
  9. ^ a b c Noelle Crombie (May 20, 2020). "Portland gets first outsider district attorney in Mike Schmidt, part of national wave of progressive prosecutors". oregonlive. Archived from the original on August 9, 2021. Retrieved September 17, 2020.
  10. ^ a b c d Alex Zielinski (June 16, 2020). "Multnomah County DA Underhill is Resigning". Portland Mercury. Archived from the original on July 21, 2020. Retrieved September 17, 2020.
  11. ^ Tess Riski (July 15, 2020). "New Multnomah County District Attorney Mike Schmidt Must Decide Who Faces Criminal Charges Amid Portland's Protests". Willamette Week. Archived from the original on September 8, 2020. Retrieved September 17, 2020.
  12. ^ Oregonian/OregonLive, Noelle Crombie | The (September 2, 2021). "Multnomah County DA Mike Schmidt hires criminal defense lawyer to review past convictions, sentences". oregonlive. Archived from the original on March 27, 2022. Retrieved March 27, 2022.
  13. ^ Iboshi, Kyle (April 30, 2021). "Multnomah County Sheriff Mike Reese lowers jail booking criteria". oregonlive. Archived from the original on March 27, 2022. Retrieved March 27, 2022.
  14. ^ Crombie, Noelle (January 12, 2022). "Longtime Multnomah County prosecutor quits, cites DA Mike Schmidt's leadership, high workload". The Oregonian. Archived from the original on July 28, 2023. Retrieved August 14, 2023.
  15. ^ Schmidt 2022.
  16. ^ Allison, Megan (August 23, 2020). "Portland protester's charges dropped under new district attorney's policy". KATU. Archived from the original on December 9, 2020. Retrieved September 12, 2020.
  17. ^ a b Tess Riski (August 11, 2020). "District Attorney Mike Schmidt Will Drop Most Charges Against Portland Protesters". Willamette Week. Archived from the original on September 27, 2021. Retrieved September 17, 2020.
  18. ^ a b Katie Shepherd and; Mark Guarino (August 12, 2020). "Liberal prosecutors face backlash over lenient charges following civil unrest and looting". Washington Post. Archived from the original on October 1, 2020. Retrieved September 17, 2020.
  19. ^ a b Maxine Bernstein (August 11, 2020). "Hundreds of Portland protesters will see their criminal cases dropped as DA announces plan to 'recognize the right to speak'". oregonlive. Archived from the original on August 28, 2020. Retrieved September 17, 2020.
  20. ^ Daryl Turner (August 7, 2020). "RE: Riots in East Portland | Mayor Wheeler and District Attorney Schmidt" (PDF). Portland Police Association. Archived (PDF) from the original on July 19, 2022. Retrieved September 17, 2020.
  21. ^ a b c d Alice Speri (September 16, 2020). "A Progressive Prosecutor Faces Off With Portland's Aggressive Police". The Intercept. Archived from the original on September 17, 2020. Retrieved September 17, 2020. During protests, police would often label a crowd a riot because an individual set a trashcan on fire or threw rocks — and then charge any other individual arrested in that context with rioting, even if that individual was not engaged in the riotous behavior.
  22. ^ a b Sparling, Zane (September 17, 2020). "Portland protest arrests top out at nearly 1,000 -- for now". Portland Tribune. Archived from the original on November 10, 2021. Retrieved September 17, 2020.
  23. ^ a b Oregonian/OregonLive, Maxine Bernstein | The (September 12, 2020). "Patriot Prayer leader Joey Gibson sues Multnomah County DA Mike Schmidt in federal court". oregonlive. Archived from the original on March 23, 2021. Retrieved September 12, 2020.
  24. ^ Powell, Meerah (February 27, 2021). "Federal judge throws out Joey Gibson's lawsuit against Multnomah County DA". OPB. Retrieved March 10, 2021.
  25. ^ Multnomahave h County leaders announce "all hands on deck" to fight gun violence, archived from the original on October 1, 2021, retrieved October 19, 2021
  26. ^ "Multnomah County announces new gun-violence efforts, including mobile mental health team". opb. Archived from the original on October 17, 2021. Retrieved October 19, 2021.
  27. ^ Schreiber, Evan (November 5, 2020). "Voters pass Measure 110, Oregon becomes 1st US state to decriminalize hard drugs". KATU. Portland, Oregon. Retrieved February 26, 2024.
  28. ^ Haas, Ryan (December 17, 2020). "Multnomah County prosecutor adopts drug decriminalization measure months early". Oregon Public Broadcasting. Retrieved February 26, 2024.
  29. ^ a b Crombie, Noelle (October 12, 2023). "DA Mike Schmidt urges tougher approach to drug crimes while keeping heart of Measure 110 intact". The Oregonian. Portland, Oregon. Retrieved February 26, 2024.
  30. ^ a b Manfield, Lucas (February 26, 2024). "Mike Schmidt Endorses Proposal to Re-Criminalize Hard Drugs". Willamette Week. Retrieved February 26, 2024.
  31. ^ "Nathan Vasquez wins race to be Multnomah County district attorney". opb. Retrieved May 25, 2024.
  32. ^ "Nathan Vasquez wins race to be Multnomah County district attorney". opb. Retrieved August 8, 2024. Photo caption:"Clare Schmidt, left, looks on as her husband Mike Schmidt"
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