Maine
The list of Maine parents waiting for a lawyer grew by 700 percent in 2024
Like many of her colleagues, family law attorney Taylor Kilgore has been watching the list of child protection cases in need of lawyers grow over the past year.
When the state removes children from their parents’ care because of concerns about abuse or neglect, those parents are guaranteed an attorney under Maine law.
Increasingly, they aren’t getting one. Over the course of 2024, the number of child protection cases in need of at least one attorney increased 700 percent, according to a list compiled by the judicial branch. On January 3 of last year, the state lacked attorneys for 14 cases, the list showed. On December 30, that number stood at 112.
The list is sent to the Maine Commission on Public Defense Services, which distributes it to attorneys on its roster. The list is used to help find attorneys for parents who can’t afford them, but it also serves as a way for the state to understand the size of the problem.
In late October, Kilgore came up with an idea to help get cases off the list. Her plan was to ask the state to let her look at the confidential cases and then pitch them to other attorneys, who she thought would be more likely to accept cases if they had a sense of the circumstances and amount of work that would be involved. Child protection case records are typically kept confidential to protect the identity of the involved children and parents.
She pitched the idea to Jim Billings, executive director of the Maine Commission on Public Defense Services, the independent commission tasked with paying and managing the roster of attorneys representing clients who can’t afford a private attorney. Billings brought the idea to the judicial branch, which agreed to let Kilgore have access to the unstaffed cases in Lewiston.
But after getting a look behind the curtain at the Lewiston courthouse, Kilgore has concerns about whether the list is properly accounting for the problem.
“I don’t think the list is actually accurate,” Kilgore said.
Maine’s system for removing children from parents consists of several government entities: the Department of Health and Human Services, which investigates child abuse and neglect; the Attorney General’s Office, which represents the department in court; and the judicial branch, which oversees the proceedings and ultimately rules on cases.
Together, these three bodies oversee a growing number of children and parents whose cases are hidden from public view.
The system removes around 1,000 children a year, and is one that federal auditors found failed to follow its own rules. It also seems increasingly unable to provide parents with the legal representation guaranteed to them by law, a problem highlighted in a child welfare watchdog report published last week.
“The shortage of defense attorneys for parents has caused weeks and months-long delays in the progress of reunification cases, harming children, parents, and increasing staff workload,” Maine’s child welfare ombudsman Christine Alberi wrote in her annual report to lawmakers.
The report follows a December letter of no confidence in the head of DHHS’s Office of Child and Family Services, which investigates allegations of child abuse and neglect. The letter was signed by 150 caseworkers.
Kilgore’s experience raises questions about whether the system is capable of accurately tallying all the families and children it is failing.
‘The list is not perfect’
In late November and early December, Kilgore spent two weeks reviewing cases in the Lewiston court and calling attorneys to try to get them to take cases off the list.
She found four cases that had been staffed for at least three weeks, but had not been removed from the list. More concerning were cases she found that needed attorneys but didn’t appear on the list.
Kilgore had an associate go to the courthouse and take notes on the cases on the docket call, writing down the docket number any time a case lacked counsel. From that, she was able to identify three cases in need of attorneys that were not on the list. Additionally, a criminal defense attorney who heard about Kilgore’s work contacted her about a client. The attorney asked if she knew the status of the client’s child protection case. But when Kilgore looked, she found the case was not on the list.
“I had to write back and say ‘they’re not identified anywhere in this list as needing counsel,’” Kilgore said.
The judiciary distributes a similar list for criminal cases without an attorney, and MCPDS executive director Jim Billings said Kilgore’s experience mirrors accounts he’s heard from attorneys on the criminal side.
There are cases that are on the list that should probably come off because they have already been staffed, Billings said. Conversely, Billings has heard from criminal defense attorneys that there are unrepresented criminal defendants who should be on the list, but are not.
“The list is not perfect,” Billings said. “But right now it’s the best tool we have to try and track the cases and triage as best we can.”
Judicial branch spokesperson Barbara Cardone did not respond to multiple emails with questions about how the list is compiled, maintained and updated.
Kilgore’s project fits into the commission’s effort to ensure poor Mainers get the representation guaranteed to them under state and federal law. The list of criminal cases grew throughout 2024. At the end of December, there were nearly 1,000 unstaffed cases, including more than 140 cases that involved defendants in jail.
To combat this problem, MCPDS is in the process of opening and staffing public defender offices across Maine. The commission has also hired Machias-based attorney Molly Owens as chief of the new system’s parents’ counsel division. Owens is tasked with building a team of public defenders devoted to representing indigent parents in child protection cases. She is in the process of hiring three attorneys to join the nascent team.
Three years from now, MCPDS wants the parents’ counsel defender team to have between 20 to 25 attorneys, allowing them to represent one parent in about half the state’s cases.
Owens praised Kilgore’s efforts to understand and staff child protection cases in Lewiston and said she would like to see those efforts replicated.
“Do I think there are cases that are not on the list? If Taylor is finding them, then yes,” she said.
“I don’t know how I would know how common that is until we do what Taylor is doing.”
Parents who wish to maintain custody of their children are fighting against a system that a recent federal audit found failed to follow its own rules when investigating allegations of child abuse or neglect.
A capable attorney can help identify those missteps, put pressure on the department and use those errors to argue on behalf of parents in court. Attorneys can also connect clients to services that can help move them toward reunification with their children.
But a lack of attorneys makes that kind of zealous representation less likely, which in turn results in more families separated and more cost to the state.
Cases are confidential, so it’s unclear how often judges disagree with the state or rule in favor of parents. The Monitor asked the judicial branch for insight into this issue but was told the judiciary could not provide data on when the courts rule against the department.
The Monitor also submitted a public records request in October to both DHHS and the Attorney General’s Office, which represents the department in court, seeking data on how often the state loses in court. Neither agency has provided records or an estimate of when they will be able to fulfill the request.
One recent decision from the Maine Supreme Court shows how even repeated failures by the department can have little impact on the outcomes of cases.
On October 3, the high court published a memorandum decision in an appeal of a termination of parental rights out of Portland. The memo notes that the lower court was right to terminate the parental rights of the mother despite the fact that the judge in the case ordered the department to file a rehabilitation and reunification plan “seven times during the pendency of the case and never did so.”
Maine’s child removal rate has made it an outlier in the United States. Only Maine and Nebraska took more children into state custody in 2022 than in 2018, according to the most recent federal data.
More children entering state custody increases demand for attorneys at the same time as the supply is falling. The number of attorneys rostered with MCPDS representing a parent in at least one case fell by more than half, from 230 to 110, between 2018 and 2024.
‘We can’t do it alone’
The December 30 edition of the parents’ counsel list contained 112 cases. This translates to an even greater number of attorneys, since each parent in a case is entitled to an attorney, and representing more than one parent in a case would present a conflict of interest. Some cases involve multiple children, sometimes with multiple partners, and thus could require three or more attorneys.
Of those cases, 79 were added to the list more than a month prior. Twenty-seven were added to the list before October, meaning that parents in those cases could have been waiting for representation for three months or longer while their children were in state custody.
Seven of the cases were added before July 2024. On the December 16 list, there was a case dating from April 2023 — over a year and a half earlier. By the end of the year, after The Monitor asked Judiciary spokesperson Barbara Cardone about the case and received no response, it had been removed. Given the concerns raised about the accuracy of the list, it’s unclear whether the case had finally been staffed in late December, or if it had been staffed earlier but had not been removed from the tally.
An additional five cases had no dates at all.
Kilgore started her project in late November. She reviewed 43 docket numbers in Lewiston and was able to find representation for 21 of the 56 parents involved in those 43 cases.
One of the cases involved a parent who had been on the list since February. By Kilgore’s count, the parent had been without an attorney for 281 days. Confidentiality rules prevented Kilgore from disclosing details of the case, but she noted that it had procedural issues that desperately required an attorney.
“The case was kind of on fire,” she said. “In my opinion, the parent’s rights were being violated.”
Kilgore was able to find an attorney to take the case, and said that overall she thinks the experiment was successful. Billings agreed.
“I think it shows that if there are devoted resources, even in a market that we think is saturated, we can still make some progress on the list if the effort is put in,” Billings said.
Next month, Kilgore is going to bring the experiment to the Portland courthouse.
But the problem is larger than finding attorneys, said Owens, the parents’ counsel chief. DHHS and the courts need to be held accountable and find ways to keep families together while keeping kids safe, she said.
“A lot of departments and agencies got us here,” Owens said. “We want to be part of the solution, but we can’t do it alone.”
This story was originally published by The Maine Monitor, a nonprofit civic news organization. To get regular coverage from the Monitor, sign up for a free Monitor newsletter here.
Maine
Who is raising the most money in the Maine governor’s race?
(Joe Phelan/Staff Photographer)
Candidates vying to become Maine’s next governor have until midnight Tuesday to file campaign finance reports for the first quarter of the year.
The reports will show who is best positioned to control the message in the final month-plus until the primaries. But fundraising success doesn’t always guarantee a win at the ballot box.
The reports come as a growing number of leading candidates are taking to the airwaves a head of the June 9 primaries. Five Democrats and seven Republicans are vying to replace Gov. Janet Mills, who is term limited.
As of Tuesday, Republican Jonathan Bush topped all candidates in broadcast, cable and digital advertising, having booked nearly $1.5 million in ads through the primary, the political spending tracker AdImpact said.
But Republican Garrett Mason is benefitting from about $3 million in spending by Restoration of America PAC, which is running ads targeting Gov. Janet Mills and tying Mason to President Donald Trump.
Other Republican candidates running ads are Bobby Charles ($63,000), Owen McCarthy ($43,660) and Ben Midgely ($55,000.)
Hannah Pingree tops the Democratic slate with about $564,000 in ad spending, followed by Nirav Shah ($493,000), Shenna Bellows ($462,700) and Angus King III ($299,000.)
As of Tuesday afternoon, fundraising totals were only trickling in. Public access to those reports was hampered because the Maine Commission on Governmental Ethics & Election Practices is building a new website, and glitches made some reports unviewable.
This story will be updated when more reports are filed. As of Tuesday afternoon:
- Republican Jonathan Bush reported raising about $845,000 in the first quarter, but 60% of that, $500,000, was a personal loan to his own campaign. His totals were not yet available through the new website, but his quarterly fundraising and spending was provided by ethics staff.
- Republican Robert Wessels was the only other active candidate that had filed. He raised nearly $11,600 for the quarter and has about $13,540 in cash.
This is a developing story.
Maine
Obituary: Anne Theresa Tarling
Anne Theresa Tarling
SANFORD – Anne Theresa Tarling, 74, of Sanford, Maine passed away peacefully at home on April 23, 2026, surrounded by her loving family. While our hearts are broken, we find comfort in knowing she lived a full and beautiful life rooted in love, creativity, and devotion to the people who meant the most to her.
Anne was born on April 3, 1952, in Portland, Maine, to the late Joseph and Blanche Morin. She grew up in Portland and graduated from Deering High School in 1970.
In 1980, Anne married the love of her life, Ernest Tarling. Together they built a life centered on family, laughter, and partnership. Their 45 years of marriage were filled with shared memories and a deep commitment to one another and to their family.
Anne was a talented self-taught artist who found great joy in painting and sharing her creativity with others. She proudly exhibited her work at local art shows and specialty shops, and her paintings found their way into homes near and far. Her art brought beauty and comfort to many and will continue to remind us of her for years to come.
She also enjoyed gardening, sailing the coast of Maine, and hosting family gatherings. She was known for her famous chocolate chip cookies and for never missing a birthday or special occasion.
Being a devoted Nana brought her great joy, and she cherished time spent with her family above all else.
In addition to her parents, Anne was preceded in death by her brother, Stephen Morin; her sister, Julie Pochebit, her brother-in-law, Daniel Desmond; nieces Elizabeth McKee and Alison Pochebit.
She is survived by her brother, Paul (Sue Ellen) Morin, two sisters, Cheryl Desmond and Celine (Stephen) Pochebit; her husband of 45 years, Ernest Tarling; her son, Greg (Karen) Flagg, her four daughters, Jennifer Copper, Rebecca (Frank) Zavadil, Stefenie (Matthew) Burdick, and Kendra (Justin) Dowling; her 11 grandchildren, Cody, Matthew, Jackson, Gracey, Lucas, Quinn, Beau, Shea, Ellie, Will, and Stevie; a large extended family, including many loving nieces and nephews; and her longtime best friend, Sandy Hobbs.
A funeral service will be held Saturday, May 2, at 11 a.m. at St. Martha Church, 30 Portland Road, Kennebunk, Maine, followed by a celebration of life at 12:30 p.m. at For the Love of Food + Drink at Saltwater Farm, 411 Post Road, Wells, Maine.
To share a memory or leave a message of condolence, please visit Anne’s Book of Memories Page at http://www.bibberfuneral.com.
Arrangements are in the care of Bibber Memorial Chapel, 67 Summer Street, Kennebunk, ME 04043.
Maine
Moldy Maine weed is being treating with radiation
Maine marijuana growers are increasingly using radiation and other methods to remove contaminants from their products, a process consumers are likely in the dark about.
Despite a state policy requiring remediated products to be labeled as such, Maine’s Office of Cannabis Policy is not enforcing that rule.
In response to a complaint by a dispensary owner in late February, deputy director of operations Vern Malloch acknowledged, “we are not requiring labeling of remediated or treated product,” according to records obtained through a media request.
“We plan to issue guidance on this in the near future,” Malloch wrote.
Office of Cannabis Policy Director John Hudak also told lawmakers last year that the agency hasn’t enforced remediation labeling requirements since at least November 2024.
“The Office began receiving pushback from cannabis cultivators who did not want to label their cannabis if they ‘treated’ their cannabis with radiation or ozone prior to submitting the cannabis for mandatory testing,” Hudak wrote in testimony last year.
A spokesperson for the agency declined to answer specific questions Monday, but confirmed the agency stopped enforcing the rule after some growers raised concerns over the “misleading impact” that labeling treated cannabis has on consumers.
“Requiring label disclosure of the use of irradiation or ozone treatment implies a consumer risk that is not scientifically supported and is potentially misleading in its implication about potential harm from exposure,” Alexis Soucy, OCP’s director of media relations, wrote in an email.
Over the last couple years, several marijuana products have been subjected to recall because of high levels of mold, yeast and other contaminants. Unsafe levels of mold in cannabis can cause flu-like symptoms, including respiratory issues, sinus infections, headaches and dizziness.
But rather than tossing their product, growers can turn to a process called irradiation, often involving gamma rays or X-rays, to remove contaminants.
Supporters say it’s a safe way to reduce waste and prolong shelf lives. Mold and yeast grow naturally just about everywhere and many species are benign. Standard cannabis mold testing does not differentiate between harmful and harmless microbes.
Opponents, however, argue there isn’t enough research about remediating cannabis to say whether it’s safe or not. There is not much data on whether the various types of remediation are effective at killing microbes or are safe for consumers, most of whom don’t know about the practice.
“It’s a complex topic without many answers,” said Yasha Kahn, who co-founded MCR Labs, one of four licensed cannabis testing facilities in Maine. “Hopefully, the rescheduling can lead to more research.”
The federal government moved last week to reclassify cannabis from a Schedule I to Schedule III drug. Decades-long restrictions on cannabis research will be lifted, which acting Attorney General Todd Blanche said will allow for studies into “marijuana’s safety and efficacy.”
Kahn, who operates several testing labs throughout New England, said irradiating cannabis has become increasingly prevalent in legal markets across the country and the world. It’s still debated whether irradiation works as well as it’s supposed to, he said.
‘THIS IS A FAIRLY NEW PROCESS’
There are numerous kinds of cannabis remediation, each with its own pros and cons. Growers most commonly use X-rays, gamma radiation or ozone gas to remove mold and microbes.
Radiation does not kill all the mold, yeast and other microbes present in cannabis outright, Kahn said. Certain species of mold, like harmful mycotoxins, can often survive remediation. Others can remain dormant for months following the procedure.
“Irradiation gets rid of mold’s ability to procreate, and not necessarily permanently,” he said. “You can take that same product and test it again, months from then, and there’s going to be mold growth.”
Some in the industry, like organic marijuana farmer Lizzy Hayes in Mercer, fear that having the option to remediate cannabis removes the incentive to grow clean cannabis. If you can simply use radiation to eliminate mold from harvested crops, she said, why would you put effort into growing mold-free products?
Part of the blame, according to Hayes, lies at the feet of Maine’s recreational cannabis testing regime. Unlike the state’s medical marijuana market, batches of recreational cannabis products must be tested for contaminants like mold, yeast and heavy metals before they can be put on a dispensary shelf.
But since the mold test only detects the presence of mold, not whether it’s harmful, Hayes said many growers save themselves the trouble and irradiate their cannabis by default rather than risking a failed test.
“When you have a regulatory system that incentivizes irradiation, it’s also making it so that customers don’t have access to as high quality of a product,” she said.
Some in the industry disagree. A bill was proposed last year to codify requirements around labeling treated cannabis and inspecting remediation equipment. It was ultimately defeated after many Maine cannabis growers testified in opposition to the bill.
“Radiation and ozone treatment methods are well-established, scientifically validated technologies commonly used in industries far beyond cannabis,” wrote Jacob Racioppi, owner of Goose River Cannabis in Unity. “In fact, they are standard in the food industry.”
Joel Pepin, co-founder of JAR Cannabis Company, owns and operates one of about a dozen X-ray machines in Maine’s cannabis industry. He estimated that about half of Maine’s recreational cannabis has been treated by similar methods. It would be overkill, he said, to require all of that product to be labeled over scientifically unfounded concerns.
“If we apply this same logic to other industries in Maine, then why doesn’t this bill also require dental patients to wear a shirt that says, ‘treated by X-ray’ after leaving the dental office?” Pepin testified.
Neither Racioppi nor Pepin responded to requests for an interview.
Lorri Maling, laboratory director at cannabis testing facility Nelson Analytical, seconded Pepin that remediating cannabis is “more in use now than it was a few years ago.”
While some opponents of irradiation claim the process reduces THC content and eliminates terpenes — the chemicals that give different cannabis strains unique scents and effects — Maling said there’s no data to back that up. Nor is there much data to back up many other conclusions about the effects of irradiating cannabis.
Most of the studies on the effects of irradiation have been on fruits and vegetables, she said, which have not shown any negative effects — though there’s no guarantee that any remediation method will kill all bacteria.
“This is a fairly new process for cannabis,” Maling wrote in an email. “I really cannot say that it is safe or unsafe for cannabis as there really is not enough data on this.”
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