MultCo judge orders accused fentanyl dealers to stay in jail before first court appearance

PORTLAND, Ore. (KOIN) – The top judge in Multnomah County issued a new order detailing how courts will determine pretrial release for criminal defendants -- including changes for accused drug dealers.

Presiding Judge Judith Matarazzo filed the order on Friday, which requires defendants accused of dealing fentanyl to be held in custody until their first court appearance, as first reported by Willamette Week.

“It is the intent of this Presiding Judge that offenses involving the delivery or manufacture of controlled substances … and that offenses involving the manufacture or delivery of fentanyl should be held for appearance in court and not released,” Judge Mararazzo wrote in the order.

Previously, defendants could be booked, then released. This can cause delays in the legal process if defendants do not make their first court appearance.

This change was set in motion after Oregon lawmakers passed House Bill 4002, which recriminalized small drug possession and directed Oregon's chief justice to evaluate pretrial release guidelines.

In May, Oregon Chief Justice Meagan A. Flynn issued an order setting guidelines for other courts that would require more people accused of drug crimes to be held in jail until their first court appearance.

“This order allows more people charged with drug crimes that pose the greatest risk to public health and safety to be held until a judge determines whether they can be released with conditions to ensure public safety and future court appearances,” Chief Justice Flynn said in May. “It also will allow local presiding judges to tailor additional requirements to address local public safety priorities and resources.”

The chief justice's order also allows the presiding judge for each circuit court to update their release orders to include person-specific overriding circumstances for all offenses involving the delivery and manufacture of controlled substances in order to address public safety concerns.