Washington County’s criminal justice system is experiencing a rare public rift among top officials as they feud over how to run the local drug court.

While the disagreement can be traced to a Hillsboro man’s sentencing in May, it has evolved into a debate over judicial independence.

District Attorney Kevin Barton and Presiding Judge Rebecca Guptill traded thorny letters late last week, each blaming the other for the drug court’s current hiatus. The program has not accepted any new participants since Barton’s office paused its participation after the May sentencing.

Drug courts — Washington County’s is called Adult Recovery Court or ARC — are tailored to help people with drug-related criminal charges get treatment instead of a harsher sentence, like prison time.

Commonly, drug courts require a person to agree to a “stipulated sentence” ahead of time that would take effect if the person reoffends before graduating from the program.

Sean Bozarth faced a stipulated sentence of four years in prison when he entered drug court in 2024. He faced multiple charges of substance abuse and drug-related property crimes.

In May, Bozarth reoffended by reportedly menacing his pregnant girlfriend. But his attorneys successfully argued for a lighter sentence, leading Washington County Judge Janelle Wipper to sentence him to probation.

Jeff MacLean, a senior deputy district attorney, soon after pulled his office’s participation in the program. MacLean condemned the court for veering from the agreement.

“We are deeply concerned that the departure from this approach last week threatens the continued operation of ARC,” MacLean wrote May 18.

Since then, according to Guptill, the Washington County District Attorney’s Office has demanded changes to the legal agreement that governs the drug court. The existing agreement doesn’t expire until 2027.

Barton, in his Aug. 7 letter, wrote that the judges’ current practices endanger the public and they will continue to refuse to participate.

“Because of the court’s actions, we do not have confidence that ARC procedures and agreements will be followed without additional safeguards,” Barton wrote.

Guptill, on the other hand, said Barton is holding the program hostage. She repeatedly described his messages as “terms” and “demands.”

“I implore you to reverse course and return to compliance with the (current agreement) immediately,” Guptill wrote Aug. 6.

According to Stephen Mayer, a Washington County District Attorney spokesperson, they’re asking for language that requires a judge to impose a stipulated sentence like the one Bozarth had agreed to prior to entering drug court.

But Guptill, in her letter, said such a requirement would limit the bench’s power to issue criminal sentences. She wrote that, after consulting with the Oregon Judicial Department, such an agreement wouldn’t be legal.

“The sentencing of a defendant is inherently a judicial function,” Guptill wrote. “It cannot lawfully be delegated to another party or branch of government.”

The Adult Recovery Court launched in 2005 and has seen hundreds graduate into treatment. Both Barton and Guptill lamented in their letters that the program is inactive.

Carl Macpherson, executive director of Metropolitan Public Defender, largely sided with Guptill in a written statement. Macpherson said he believed Barton’s office is violating the agreement by walking away from the program.

“The shutdown is alarming,” Macpherson wrote.

Macpherson, too, emphasized the success of drug courts. He noted they help participants get clean and make headway on otherwise difficult tasks like getting a driver’s license, a GED or a job.

“Participants gain custody of their children and reunite with family members who could not (or would not) support them through addiction,” Macpherson said. “The DA’s actions have jeopardized a successful and established rehabilitative program for our community.”

In a statement, Mayer said the district attorney’s office continues to work “to find a path forward.”

Guptill, in her own statement, said Wipper “led with humanity” in her sentencing decision by opting for probation. She advocated for the judges’ independence.

“Preservation of this independent judicial discretion is what keeps us from being AI robots,” Guptill wrote to OPB.

Guptill countered that if any change should be made to future agreements, it’s to prevent one party from causing a hiatus in the first place.

“Every day that this moratorium continues actually makes our community less safe in the long term,” Guptill said. “The fact that one party to the ARC (agreement) has the ability to prevent all entries should be changed to avoid this situation from happening again.”

News Source : https://www.opb.org/article/2026/08/11/washington-county-da-judge-drug-court-hiatus/