Foster

These consolidated appeals challenge the constitutionality of an Oregon judicial-budget austerity plan known as the “Budget Reduction Plan” (“BRP”). Under the BRP, for four months indigent defendants who were charged with certain listed crimes had their criminal proceedings suspended and were not afforded counsel. Plaintiffs include indigent criminal defendants, indigent defenders, and the Lane County District Attorney. They appeal the district court’s dismissal, on grounds of Younger abstention, of these actions alleging that their constitutional rights were violated by various Oregon officials who formulated or implemented the BRP.

The BRP has now expired, and all indigent defendants are once again being afforded counsel and are facing renewed criminal proceedings. Because we cannot undo the alleged harm to Plaintiffs, and because we cannot provide any relief for that harm, we must dismiss these cases as moot.

BACKGROUND

In response to a severe budget shortfall, the Chief Justice of Oregon, in his capacity as administrative head of the state judiciary, issued in early 2003 Chief Justice Orders Nos. 03-028 and 03-029, creating the BRP. The BRP required that all…