Originally set to begin his term on January 1, 2021, Governor Kate Brown appointed him to the job early, in August 2020, to replace Rod Underhill, who retired in July.
[7] During the campaign, Schmidt was endorsed by many top Oregon Democrats, including Tina Kotek, Earl Blumenauer, and Jo Ann Hardesty.
[7] Schmidt represents a progressive view towards prosecutions and criminal justice reform, preferring alternatives to prison, against trial as an adult for juveniles, for police accountability, against mandatory sentencing, and against the death penalty.
Underhill noted the changing environment with police violence, Black Lives Matter, and George Floyd protests.
[10][8] Announced formation of a "Justice Integrity Unit" on September 1, 2021, and dedicated $524,387 to staff the effort to examine wrongful convictions and review prison sentences for people serving time.
[12] In what the Oregonian called a "change of tone", he said, following protests in April 2022, “The violence and property destruction we’ve seen in Portland nearly 11 months is unacceptable,” said Schmidt.
“As district attorney, I will always defend a person’s right to free speech but I will not defend, nor support anyone who knowingly or recklessly or intentionally destroys property or engages in violence.”[13] Long time prosecutor Amber Kinney resigned January 10, 2022, with a 7-page letter criticizing his leadership, saying that progress, especially for women, has been "set back decades".
[15] Schmidt gained notoriety shortly after taking office for refusing to prosecute people who were arrested participating in the George Floyd protests unless there is "deliberate property damage, theft, or threat of force.
[17] In an August 11 announcement Schmidt characterized the policy as "recognizing the right to speak" while emphasizing that it was not a free pass to commit acts of violence.
Schmidt endorsed Ballot Measure 110 in 2020, which removed criminal penalties for possession of small amounts of all drugs.
[29] On February 26, 2024, Schmidt testified in support of a proposal by the Oregon Legislative Assembly to reinstate criminal penalties for possession of hard drugs.