Maine
Trial over Maine’s indigent defense crisis set to begin in December
A judge has scheduled a two-week trial in December to address Maine’s indigent defense crisis, nearly three years after a civil rights organization first filed a lawsuit over the issue.
The American Civil Liberties Union of Maine is suing the state, alleging that it is violating the constitutional rights of criminal defendants who can’t afford legal counsel, who are entitled to a lawyer at the state’s expense.
At least 800 people accused of crimes were waiting for a court-appointed lawyer, according to an ACLU analysis of court data on Monday. A quarter of those people were in jail. Roughly 670 had been waiting more than 10 days for a lawyer, according to the ACLU, and more than 450 had been waiting more than a month.
That’s because the state does not have enough attorneys, mostly private lawyers, taking on court-appointed work.
At trial, the ACLU will ask the court to declare that Maine is violating both state and federal law by not providing enough lawyers to the people it charges.
Carol Garvan, the legal director at ACLU of Maine, talks with Zachary Heiden, the chief counsel at the ACLU of Maine, during a hearing with Superior Justice Michaela Murphy in Kennebec County Superior Court in September 2023. Brianna Soukup/Staff Photographe
“We will be arguing that when people are waiting for weeks, sometimes even for months, to get an attorney, then important evidence is lost in their cases,” said the ACLU’s legal director, Carol Garvan. “Their cases can’t be investigated. Important witnesses’ memories fade, cases cannot move forward. Those kinds of delays undermine the basic constitutional right to a fair trial, which is what the right to counsel is all about.”
A spokesperson for the Office of the Maine Attorney General, which is representing the state defendants, including the Maine Commission on Public Defense Services, said their attorneys do not comment on pending litigation.
The parties have until Oct. 4 to decide whether any of the trial will involve a jury. And they have until Nov. 15 to finalize witness lists. Garvan said they were unable to share a tentative list Friday, but it’s likely their case will involve experts and people who have been affected by the crisis.
She mentioned firsthand accounts of people who have lost their jobs and housing while waiting in jail; one person missed their child’s birthday and wasn’t even able to call.
“They’re sitting there, knowing that the whole weight of the prosecution, of the state, is being brought against them,” Garvan said. “And they have no one on their side. … They don’t know what their rights are, they don’t know who to call to understand what is even happening in their case, and they don’t know how long this is going to last, because it could be a few days or it could be months before they get counsel.”
YEARS IN THE MAKING
The ACLU of Maine filed its lawsuit over Maine’s indigent defense system in March 2022.
At the time, the ACLU’s chief concerns were the quality of legal representation provided to defendants – they alleged private lawyers, overseen by the commission, weren’t communicating with their clients or spending enough time on their cases.
But then in November 2023, Maine’s courts acknowledged some defendants weren’t getting any legal representation at all. The number of lawyers available to accept new criminal cases in various counties has plummeted, leaving hundreds of constitutionally entitled defendants in limbo.
Superior Court Justice Michaela Murphy presides during a hearing at Kennebec County Superior Court in September 2023. Brianna Soukup/Staff Photographe
After the parties attempted to settle their original lawsuit several times, Superior Justice Michaela Murphy ordered the ACLU and the commission to go to trial and raise a case that addresses the state’s current reality. That meant convincing Murphy to also let them sue the state of Maine and Attorney General Aaron Frey, whose office oversees prosecutions of homicides and works with district attorneys.
Murphy will order a second trial, to address the quality of indigent representation, at a later time.
The ACLU was granted class action status, meaning they represent the interests of all criminal defendants who are entitled to a lawyer.
On Thursday, Murphy agreed the class includes anyone who is eligible for a court-appointed lawyer, but who is still unrepresented after their first appearance or arraignment. That includes people facing felony charges and misdemeanors.
A ‘WHOLE STATE’ APPROACH
Even if the court were to agree that the state is violating constitutional rights, it’s still unclear what any relief would look like.
“Ultimately the purposes of this lawsuit is to hold the state accountable,” said Garvan. “That means there’s going to need to be a sort of ‘whole state’ approach.”
One potential remedy, said Garvan, is to release people who don’t have counsel from jail or dismiss their charges without prejudice.
Last year, a Maine Supreme Judicial Court justice rejected a request from a pair of lawyers who do indigent defense work to create a statewide process in which unrepresented defendants are released from jail after seven days. A similar rule is in place in Oregon.
Some Maine judges have lowered bail for unrepresented defendants and one has ordered a charge be dismissed, but this varies from case to case and county to county.
Prosecutors and victim advocates have voiced concerns around this practice and questioned what the commission and the courts are doing to prioritize appointing counsel in cases where serious violence is being alleged.
Many have welcomed the opening of public defense offices around the state as movement in the right direction. In Kennebec County, where the first brick-and-mortar office is in full swing, only seven defendants were in need of a lawyer on Wednesday, according to data compiled by the courts.
But a majority of cases are still being handled by private attorneys.
“It is both not going to fix things immediately and it is not a silver bullet,” said Garvan. “I don’t think there’s anyone who thinks that will automatically fix everything, but I think that’s been one positive (change).”
Maine
Central Maine Power bills to fall this summer
Central Maine Power customers will see some relief in electric costs this summer after state utility regulators approved new distribution rates for the company.
The new prices reflect CMP’s revenue needs after the company paid more than a $100 million spent to recover from damaging winter storms in 2023 and 2024.
Households using an average of 550 kilowatt hours a month should save about $8.55 on their bills, according to the Maine Public Utilities Commission. The new prices go into effect July 1.
Commissioners also rejected CMP’s request to delay enacting new distribution prices while the agency considers the company’s separate rate case.
“It is uncertain when temporary rates may be approved or at what amount, but at a time when customers are struggling with high costs across the economy I cannot support a delay in rate relief,” said Commission Chair Phil Bartlett.
Electric prices in Maine have soared in recent years, because of expensive storm recovery, volatile natural gas prices and financial incentives for a community solar farm program, among other factors.
Maine Public Advocate Heather Sanborn said the rate reduction was welcome for electric customers dealing with high costs.
Sanborn said the commission’s decision to pay off a $20 million “storm recovery balance.” The account is basically money loaned to ratepayer by CMP that is owed to the company with carrying costs of about $140,000 per month, according to the PUC.
“That is a lot of interest every year that we have been paying,” Sanborn said.
Central Maine Power has submitted a proposal for new rates that would raise prices about $18 a month, according to the PUC.
In its rate proposal, CMP said it needs more revenue to help harden its infrastructure to future storms, improve reliability and hire full time staff to avoid hiring expensive contractors.
Even though the company is asking for higher rates, it says the package will amount to a slight decrease for customers because it has repaid storm recovery.
The company did not immediately respond to a request for comment about the rate adjustment approved by the PUC.
Maine
I asked 4 Maine lure makers for their best catches. Here’s what caught them.
Outdoors
The BDN outdoors section brings readers into the woods, waters and wild places of Maine. It features stories on hunting, fishing, wildlife, conservation and recreation, told by people who live these experiences. This section emphasizes hands-on knowledge, field reports, issues, trends and the traditions that define life outside in Maine. Read more Outdoors stories here.
The weeks after ice-out are prime time for trout and salmon fishing in Maine.
While many anglers rely on live smelts, tandem streamer flies or classic lures like DB Smelts and Mooselook Wobblers, several Maine companies are producing lures that catch plenty of fish of their own.
I reached out to four Maine lure makers and asked them to send me their best catches from the last month, along with the lure that caught them.
Here’s what they sent.
Pine State Sports Supply
Owned by Justin Blouin and based in Lisbon, Pine State Sports Supply was founded in 2023. The company offers several styles of spoons and plugs designed to imitate smelt, dace, shiners, alewives and other baitfish. All trolling spoons are made by hand.
The Harry Lure
The Harry Lure is owned by Adam Bergeron. Founded by Harry Ellison, the lure was developed on New Hampshire’s Lake Winnipesaukee. Bergeron moved the company to Kennebunk and began stamping lures there in March 2024. Unlike traditional concave spoons, the flat lure is designed to swing side to side and flash light as it moves through the water.
Northeast Troller
Founded by Christian Carlson in 2016, Northeast Troller produces custom trolling and casting spoons from its shop in Thorndike. Carlson, who is also a taxidermist, began making spoons as a passion project and thank-you gift for his clients. The spoons are CAD-designed, painted and assembled in Thorndike, and tested on the water before production.
Dream Catcher Lures
Dream Catcher Lures are made by Jesse Dicker in Lincoln. Established in 2020, the company produces a variety of lures for salmon, lake trout and other species.
Its lineup includes a smelt series, trout casting and trolling spoons, dodgers, jerkbaits, bass poppers, jigs and worm-bait rigs.
Earlier this spring, Registered Maine Guides Jake Rackliff and Adam Bergeron landed a 10-pound rainbow trout on a Dream Catcher Lures Solid Pink UV.
Maine
Live Results: Maine midterm primaries
WASHINGTON (AP) — There’s no shortage of competitive, high-stakes races and candidates with famous last names in Maine’s state primary on Tuesday.
Primaries for U.S. Senate and U.S. House will set the stage for a midterm general election in which Maine is expected to play a critical role in deciding control of both chambers. Maine voters will also have the opportunity in November to demonstrate the state’s fiercely independent streak when it comes to electing a new governor.
READ MORE: Amid controversial Senate campaigns, Paxton and Platner visit Washington to shore up support
The races feature the son of a U.S. senator, the daughter of a congresswoman, the brother of a former governor and the nephew and cousin of two presidents.
Republican Sen. Susan Collins is unopposed for renomination to a sixth term, which would put her on track to become the chamber’s longest-serving member from Maine.
Collins, the only Senate Republican to represent a state that Democratic presidential nominee Kamala Harris carried in 2024, is a pivotal figure in the effort to win control of the chamber in November. The 51% of the vote she received in her 2020 election bid was her poorest showing since the 49% she received in her first successful run in 1996. She is frequently at the top of Democrats’ list of incumbents to oust, but her Democratic opponents have never surpassed the 44% mark in her five previous races.
READ MORE: Platner’s wife calls reports about Senate candidate’s explicit texts with women ‘shameful’
Graham Platner is the leading contender for the Democratic nomination to challenge Collins. He’s a Marine and U.S. Army veteran who took up oyster farming following combat tours in Iraq and Afghanistan. Platner originally faced a competitive primary against Gov. Janet Mills, the preferred candidate among some national Democratic leaders, but the second-term governor dropped out of the race in April citing fundraising challenges.
Platner has two remaining primary opponents, one of them a write-in candidate. Mills is still on the ballot, despite suspending her campaign.
As of May 20, Platner led all candidates, including Collins, in fundraising for the cycle, although Collins sat atop a larger war chest.
WATCH: Dissecting what the latest primary races mean for November elections
He received key early backing from Vermont U.S. Sen. Bernie Sanders, who reiterated his support despite recent allegations that Platner had sent sexually explicit text messages to several women while married. Platner was embroiled in another controversy earlier in the campaign regarding a tattoo he once had that was recognized as a Nazi symbol.
In the 2nd Congressional District, Democratic U.S. Rep. Jared Golden announced in November that he would not seek a fifth term in a district Trump won in 2024, along with its one electoral vote. Maine is one of two states that allocates some of its presidential electoral votes by congressional district.
The Democratic field to replace Golden includes former congressional aide Jordan Wood, state Auditor Matt Dunlap and state Sen. Joe Baldacci, brother of Democratic former Gov. John Baldacci.
The winner will face former two-term Republican Gov. Paul LePage, who is unopposed for the nomination.
Wood has far outraised the field, including LePage, in campaign contributions, although LePage had the most money in the bank as of May 20.
In the gubernatorial primaries, state Secretary of State Shenna Bellows, former state Senate President Troy Jackson, renewable energy company co-founder Angus King III, former state House Speaker Hannah Pingree and former Centers for Disease Control and Prevention Deputy Director Nirav Shah all seek the Democratic nomination.
The Republican field includes former healthcare CEO Jonathan Bush, former U.S. State Department official Bobby Charles, former state Senate Majority Leader Garrett Mason and businessman Ben Midgley.
King is the son of independent U.S. Sen. Angus King. Pingree is the daughter of Democratic U.S. Rep. Chellie Pingree. Bush is related to Republican former Presidents George H.W. Bush and George W. Bush.
The governor’s office in Maine frequently changes party hands. The state hasn’t elected consecutive governors from the same party in 74 years.
Maine is divided into 16 counties, but elections are run by the state’s hundreds of cities and towns, a practice common in New England. Portland is by far Maine’s most populous city and forms the heart of the state’s Democratic base. The two congressional districts largely track with the state’s political demographics. The 1st Congressional District along the Southern Maine Coast is heavily Democratic, while the massive 2nd District to the north includes the bulk of the smaller, more rural areas where Trump performed best.
The state uses a ranked-choice voting system in which voters rank the candidates in order of preference. If no candidate receives a majority of first-place votes, the last-place candidate is dropped, and votes cast for that candidate are reallocated among the rest of the field according to the preferences of the dropped candidate’s voters. This process repeats until one candidate emerges with a majority of votes.
Here are some of the key facts about the election and data points the AP Decision Team will monitor as the votes are tallied.
When do polls close?
Polls close at 8 p.m. ET.
What’s on the ballot?
The Associated Press will provide vote results and declare winners in contested primaries for U.S. Senate, U.S. House, governor, state Senate and state House.
Who gets to vote?
Registered party members may vote only in their own party’s primary. In other words, Democrats can’t vote in the Republican primary or vice versa. Independent or unaffiliated voters may participate in either primary.
How many voters are there?
As of January, there were about 354,000 registered Democrats, about 309,000 registered Republicans and about 334,000 voters with no party affiliation.
How many people actually vote?
About 69,000 Democratic primary votes and about 60,000 Republican primary votes were cast in the gubernatorial primaries in 2022, when both nominees ran unopposed.
How much of the vote is cast early or by absentee ballot?
About 26% of the Democratic primary vote and about 12% of the Republican primary vote in the 2022 primaries for governor was cast before primary day.
As of Thursday, about 56,000 ballots had already been cast in Tuesday’s election, about 33,000 from Democrats, about 13,000 from Republicans and about 10,000 from voters not affiliated with any party.
When are early and absentee votes released?
In the 2024 general election, the state’s most populous cities and towns tended to release results from all types of voting together at the beginning of the night.
How long does vote-counting usually take?
In the 2024 general election, the AP first reported results at 8:44 p.m. ET, or 44 minutes after polls closed. About 50% of the total vote had been counted by 12:54 a.m. ET, and counting stopped for the night at 4:11 a.m. ET. By 3:13 p.m. ET the day after Election Day, about 90% of the vote had been counted.
When will the AP declare a winner?
The AP does not make projections and will declare a winner only when it’s determined there is no scenario that would allow a trailing candidate to close the gap. If a race has not been called, the AP will continue to cover any newsworthy developments, such as candidate concessions or declarations of victory. In doing so, the AP will make clear that it has not yet declared a winner and explain why.
How do recounts work?
Under a 2025 law, recounts in Maine are automatic if the vote is tied. A candidate for statewide or multicounty office may request and pay for a recount, although the charges are waived if the vote margin is not more than 1% of the total votes cast or not more than 1,000 votes, whichever is less. The AP may declare a winner in a race that is subject to a recount if it can determine the lead is too large for a recount or legal challenge to change the outcome.
Are we there yet?
As of Tuesday, there will be 147 days until the 2026 midterm elections.
— Robert Yoon, Associated Press
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