PORTLAND, OR — In a striking case that raises serious questions about attorney accountability and the justice system’s ability to protect vulnerable defendants, in this case Garin Booth was wrongfully sentenced to 18 months in prison under Department of Corrections custody following a probation violation hearing that a judge later ruled was tainted by ineffective legal representation.
Booth’s attorney at the time, D. Olcott Thompson, is a longtime Marion County criminal defense lawyer with a disciplinary history that spans decades. Despite two past suspensions by the Oregon State Bar—including one in 2001 for failing to properly represent clients— Attorney Thompson was appointed to represent Booth during a court hearing. The result: Defendant was sentenced to 18 months in prison based on what a judge later determined to be legally flawed representation.
According to court records from Booth’s appeal and post-conviction relief cases, the presiding judge vacated the probation violation judgment, citing Mr. Thompson’s failure to raise a basic legal defense: that probation cannot be revoked simply because a person is “not benefiting” from it. Attorney Thompson not only failed to make that argument—he reportedly blindsided Booth in court by unexpectedly advocating for a prison sentence.
The defendant had been compliant and maintained steady employment at the time of his hearing. He was training for a promotion within his job position. He was actively parenting and rebuilding his life. According to mediation letters and court affidavits, Booth was shocked when Attorney Thompson began arguing for incarceration. At the time the judge agreed—and Booth was taken into custody on the spot.
He lost his job, his stability, and access to his children. In prison, he endured solitary confinement, threats from other inmates, and ongoing trauma—compounded by a physical condition that made strip searches particularly humiliating.
“What happened to me wasn’t just a legal error. It was betrayal,” Booth told this reporter. “When a lawyer with a history of discipline is still representing people, the system is saying that my life doesn’t matter.”
Attorney Thompson’s disciplinary record backs up Booth’s concern. The Oregon State Bar suspended him in 1991 and again in 2001, citing multiple violations, including neglect of legal matters and failure to respond to bar investigations. Despite this, he remained in active practice, representing defendants who often had no choice in who was assigned to them.
After being released from prison and securing post-conviction relief, Booth filed a malpractice claim that has since been settled. Though the settlement details remain undisclosed, Booth says the trauma and lost time cannot be repaid.
Legal experts note that systemic issues, such as underfunding and excessive caseloads, can compromise the quality of representation provided by public defenders. In a 2022 report conducted by the American Bar Association, it was found that “Oregon’s public defense system has less than one-third of the public defenders required to meet current caseloads.”
Booth has since submitted a formal complaint to the Oregon State Bar, urging them to reevaluate Thompson’s fitness to practice law. Whether the Bar takes further action remains to be seen. But Booth says he hopes his case serves as a wake-up call.
“I want people to know this happens,” he says. “If it happened to me, it can happen to someone else. And it will—unless something changes.”
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