Mike Schmidt, who was first appointed to serve as Multnomah County district attorney in 2020, lost his reelection bid to Nathan Vasquez, an independent who promised to deliver a stronger stance on crime for the city. Vasquez takes office on Jan. 6, 2025.

Just days before Christmas, Schmidt filed two separate petitions requesting the commutation of three violent criminals, including a man convicted of murder. A hearing on the petitions began Monday.

Schmidt was able to make these petitions thanks to a state law passed in 2021. Senate Bill 819 allows a district attorney to petition a judge to revisit a conviction or reduce a prison sentence. It also allows a judge to reduce a felony to a misdemeanor, which could then eventually be expunged from a person’s criminal record. 

Schmidt is receiving criticism for making the filings on Dec. 20 and 23 and giving little time to the victims to review the petitions. Under the law, the district attorney must “provide a copy of the petition to the victim” as soon as practicable and “no later than 30 days before any hearing on the petition.”

“These sort of things ought to be done in the light of day and not in the 11th hour and 59th minute of an individual’s term,” Kevin Neely, executive director of the nonprofit organization Oregon Criminal Justice Project, told Oregon Live.

Among the people Schmidt has petitioned for is Frank Swopes, who was convicted in 1993 of murder, among other charges. Schmidt has requested Swopes be released three years early. He is currently serving his 32nd year in his 35-year 10-month sentence. 

Aliza Kaplan, an attorney who helped write the legislation that allows for the petitions, argued that Swopes would be a perfect candidate for the law given that he has “spent those 32 years in prison very productively.”

In an email to the outlet, Schmidt defended his last-minute petitions.

“We have an established and extensive process, including input from our community advisory board. Each of these petitions have been considered in a thorough process over a number of months,” Schmidt said. “This is the same work we’ve been doing throughout my term.”