Criminal defendants in Maine will now be released from jail if a lawyer is not provided within 14 days, and charges must be dropped for those who have been incarcerated for more than 60 days without receiving legal representation.
Those who are released from jail under this new order will be subject to conditions of release similar to those who are granted bail.
These changes are the result of an order published Friday by Kennebec County Superior Court Justice Michaela Murphy.
At the end of January, Justice Murphy heard arguments in a lawsuit filed two years ago by the American Civil Liberties Union (ACLU) Maine alleging that the state was doing irreparable harm by failing to provide legal representation in a timely manner.
In this case, the ACLU asked that defendants be released if a lawyer is not provided within 7 days and to have charges dropped if representation is not granted within 45 days.
The Maine Commission on Public Defense Services argued at the time that newly created public defender offices were the solution to this problem, but that they need more time to expand the system.
About a year ago, Gov. Janet Mills (D) signed a bipartisan bill — approved unanimously by state lawmakers — into law that created two new public defender offices serving Aroostook, Penobscot, and Piscataquis counties and added ten new public defense attorneys.
This legislation increased the total number of public defenders statewide from 15 to 25.
[RELATED: Janet Mills Signs Bill Adding Ten New Public Defenders Across Rural Maine]
“Access to justice should not depend on how much money a person has,” ACLU of Maine Chief Counsel Zach Heiden said in response to Murphy’s order, according to a report from the Bangor Daily News breaking this story late Friday afternoon.
“If you can’t afford an attorney, the state is required to provide one for you,” said Heiden. “This order brings us closer to making that promise a reality for the people of Maine.”
Murphy argued in the order that because Maine has not provided legal representation to all indigent defendants, the state is “in violation of the Sixth Amendment to the United States Constitution.”
“Each [criminal defendant] is still presumed to be innocent under the Maine and United States Constitutions,” the court order said. “And yet many of them remain in custody, without counsel.”
The order also takes aim at the Commission, suggesting that they have argued the system is “‘good enough’ — that the hundreds of Plaintiffs should wait patiently in jails or in the community while on bail until a lawyer is finally provided who might then file motions to dismiss their cases at some undetermined point in time.”
“The Court cannot and does not expect miracles,” Murphy said. “But it is clear that the [Commission and state] have not been prioritizing finding or providing counsel for the incarcerated [people].”
Although the order outlines potential ways that the state can find lawyers to take on these cases, it does not directly tell the Commission what practices it must change or adopt.
The biennial budget proposed by Gov. Mills does not currently contain any extra funding for additional public defender offices as had been requested, and it is reportedly projected that the Commission will run out of money for private lawyers — the primary way that defense is provided to those in Maine who cannot afford it — within the next year or so.
“Those are problems no court in Maine has any authority to remedy,” Murphy wrote in Friday’s order.
The Commission has until April 3 to tell the court how it plans to provide timely legal representation to indigent defendants. At that point, anyone who has been incarcerated for more than 14 days since their first court appearance will be released.
State and county sheriffs will have until April 7 to file a response to the order.
There are 51 cases in Maine where people have waited more than a year for a lawyer, and around 100 people are currently waiting in county jails to be assigned legal representation as of this month.
At the end of 2024, more than 1,150 cases were pending without a court-appointed attorney, including adult and juvenile criminal cases, as well as child protective cases.
An appointee of Democratic Gov. John Baldacci, Murphy has served on the Maine Superior Court since Oct. 2007.
<span class="dsq-postid" data-dsqidentifier="36404 https://www.themainewire.com/?p=36404">18 Comments
How about starting a “ Permanent Office of New Criminal Attorneys “ ?
Or better yet put a sign on the county jails doors .
“ If you can’t do the time , don’t do the crime “
Perhaps some of our DEI money should be increasing public defenders. Crime is increasing and once again Maine does exactly the opposite to get these dirtballs prosecuted.
Is she insane???? Here’s a suggestion for that whacko DA: Next time someone beats another up, or somebody gets caught stealing a car… after they’re caught, just tell them that’s not nice and ask them not to do that again. Be sure to use the word PLEASE.
What mills has done to this state is criminal. Impeach now.
read between the lines people, the poor who cannot afford an attorney will be set free, most likely charges dropped… those who can afford an attorney most certainly will not have the charges dropped, make sense as they are the ones with something to lose and so they are the ones who will pay the fines, (and donate to the club thru lawyer trusts.. iykyk). how is this egual protection under the law, when your income status determines weather or not to charge you?
Seems like the ACLU has plenty of lawyers, let them step up and do some actual legal work. Like the FBI, the ACLU use to be a group to count on to stand up for you and your rights, now all the ACLU is willing to take on is gay/trans and inmate rights.
Family court is even more of a mess with the lack of lawyers available
Even if you get a lawyer it doesn’t guarantee a speedy trial in any court in ME
beachmom, its real hard to find a lawyer willing to take anything to trial!! good lawyers dont go to trial, they go to lunch with the D.A.!! money talks!! that D.A.’s family member working for that soros linked non profit needs a donation!! blow that story up mainewire!!
How about letting anyone take the bar exam, and let anyone who passes it become a lawyer? That’s how it was a century ago, and the reason you can’t do it now is because the ABA wanted to restrict the number of lawyers so they could all make more money.
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“tinfoil hat” (below) hit the nail squarely on the head !!
No problem. Lets DEI 1000 fast track lawyers, pick um up at needle exchange boxes and give em a special mills legal license and badge to practice.
Judging from court news – the few newspapers that still publish court news…. many cases have been dismissed before this ludicrous decision. Some January 6th protesters waited almost 2 years for their cases to be heard; there was little concern for their rights.
This is another judicial ruling that is going to get victims of crime killed when their abusers are released from jail and their charges dismissed.
People will be murdered to this ruling. I hope this judge gets a direct notification every time that someone does die because of this.
the only Justice in the Halls of Justice is in the Halls ! Our system is gone …..Burn it all down ! Purge ALL Gov’t Officials !
You like this? Keep voting democrat you stupid Maine voters.
Look at he bigger picture. The goal is to be able to release those who they choose and charge those who they choose.
Require ALL lawyers in Maine to take some of these cases or they will be disbarred! Everyone of them should take an equal amount of clients.