Superior Court Justice Michaela Murphy presides over a case between the ACLU of Maine and the Maine Commission on Public Defense Services to determine what, if any, remedies can address the hundreds of criminal defendants waiting for lawyers. Ben McCanna/Portland Press Herald
AUGUSTA — A state attorney told a judge Friday he’s not against releasing some criminal defendants from jail who have been denied their constitutional rights to a lawyer, as long as public safety is taken into account.
Superior Court Justice Michaela Murphy wrapped up a three-day hearing in Augusta on Friday, during which attorneys debated potential remedies for the more than one hundred criminal defendants who she said are unconstitutionally being held in Maine jails without a lawyer.
The American Civil Liberties Union of Maine has asked Murphy to release those who have waited more than seven days for a lawyer, similar to what a judge recently ordered in Oregon.
Advertisement
The idea still concerns victims’ rights advocates.
Andrea Mancuso, policy director for the Maine Coalition to End Domestic Violence, said Friday afternoon that she is disappointed “that those responsible for ensuring a functional criminal justice system in Maine have abjectly failed to resolve these issues over a period of several years.”
“Victims of crime are bearing the consequences of that failure,” Mancuso wrote in an emailed statement. “Given the current state of the system, these timelines would mean that perpetrators of serious or repeat domestic violence are released back into the community when it is not safe, or whole cases are dismissed, and protective bail conditions with them, when the crime victim has come to the criminal justice system seeking help. This is dangerous for victims, and we are deeply concerned about the impact.”
As Murphy appears closer to ordering what she has called an “extraordinary remedy,” she questioned in court this week whether Maine’s public defense agency has done enough to address the crisis.
“The people who are locked up, to me, that is just beyond acceptable,” Murphy told Maine Commission on Public Defense Service Director Jim Billings. “That, to me, would be the priority that I would ask you to think about, for your action plan.”
Advertisement
Murphy found the commission liable for violating the Sixth Amendment requirement to ensure defendants who cannot afford an attorney are appointed one by the state.
But commission leaders and several defense attorneys have argued the group is only one piece of the crisis. Prosecutors, the courts, lawmakers and the governor should also be involved in fixing it, they say.
The ACLU has also asked Murphy to find the entire state liable for the constitutional violation. She has not yet ruled on that issue.
Paul Suitter, an assistant attorney general representing the state of Maine, appears in court at the Capital Judicial Center in Augusta on Wednesday. Ben McCanna/Portland Press Herald
Assistant Attorney General Paul Suitter, who is representing the entire state, insisted that they’re not the party at fault.
Advertisement
“To this point in time, I don’t know who that person is,” Suitter said. “I haven’t heard (the ACLU) identify that person. That person should be here, and sat in a deposition.”
“That person is you, Mr. Suitter,” Murphy said. “You’re here for the government, you’re here for the sovereign state of Maine, asserting ‘sovereign immunity,’ saying that the court has no authority to do anything in this case … I don’t know who else to address than you.”
DISMISSALS STILL ON THE TABLE
The ACLU’s attorney Zachary Heiden argued Friday that criminal defendants have been irreparably harmed by not having a lawyer. The consequences to their ability to defend themselves and the damage to their personal lives are so severe, he said, that they deserve major relief.
There are people spending weeks or months behind bars without any idea of what’s happening with their criminal case, Heiden said. They lose their homes, they lose their jobs and sometimes custody of their children — all while missing out on the opportunity to either prove their innocence or work out a plea deal with prosecutors.
“That’s not how our justice system is supposed to work,” Heiden said.
Advertisement
The ACLU is also asking that charges be dropped against anyone who has been unrepresented for more than 45 days; charges could be refiled when an attorney is available.
Zach Heiden, an attorney at the ACLU of Maine, appears in court at the Capital Judicial Center in Augusta on Wednesday. Ben McCanna/Portland Press Herald
The commission was not opposed to that idea. Frayla Tarpininan, who leads the state’s first brick-and-mortar public defense office in Augusta, testified Friday that it wouldn’t interfere with their work, and that dismissals could even be helpful.
But Suitter questioned whether Murphy has the legal authority to dismiss cases under this type of legal action. He warned the state could still appeal anything that it views is out of bounds.
PUBLIC DEFENDERS
Murphy spent most of the last three days pressing commission leaders on how they’ve handled the crisis. She asked Director Jim Billings several times whether Maine’s new public defense attorneys have the capacity to take more cases, especially because the commission insists they are key to getting the state out of this crisis.
Advertisement
“I don’t see how they’re the solution unless they are being pushed to take more cases,” Murphy told Billings. “I don’t think there’s anybody else you can push.”
Since 2022, Maine has pivoted from a system entirely dependent on private lawyers to a hybrid system that includes full-time public defenders.
Sean Magenis, an assistant attorney general representing the Maine Commission on Public Defense Services, appears in court Wednesday. Ben McCanna/Portland Press Herald
Assistant Attorney General Sean Magenis, who is representing the commission, said Murphy doesn’t need to order the commission to create a plan because it already has one. But that plan, which calls for opening more public defense offices, relies heavily on getting more money from the Legislature during a very difficult time for the state budget.
“Ultimately, this is not a case where there is no care or effort or specific plans in place,” Magenis said. “It’s a question of whether there are differences in opinion as to how to move forward.”
Advertisement
If Murphy orders the state’s new public defenders to take more cases, Magenis warned, it could impair a system that is only in “its infancy.” Most of the state’s public defenders have only recently been hired and are just getting off the ground.
Tarpinian, who was hired at the end of 2023, described how busy she and her attorneys already are.
Four of her attorneys have roughly 80 cases apiece, Tarpinian testified. A fifth has a little more than 50 cases, but that number means little because each case is so unique and depends on the client (who can have more than one open case). Tarpinian said several attorneys were new to the field when they started.
“I’ll continue to push my people as hard as I can without pushing them beyond what they’re capable of,” she said.
Keon Johnson had 21 points and 10 rebounds as the Maine Celtics defeated the Windy City Bulls 122-87 in an NBA G League game on Sunday afternoon at the Portland Expo.
Hason Ward scored 16 points and Jalen Bridges 14 for Maine (13-15), which had seven players score in double digits. Bridges drained four 3-pointers for the Celtics, who shot 13 for 28 (46.4%) from beyond the arc.
Max Shulga dished out 11 assists and scored nine points.
Maine led 33-18 after one quarter 72-36 at halftime.
Advertisement
Keyshawn Bryant scored a game-high 25 points for Windy City (12-12).
AUGUSTA, Maine (WABI) – An emotional day from Fairfield to Augusta, but felt throughout Maine and beyond, as state officials, community members and loved ones honored the lives of two Department of Transportation workers who tragically died in the field.
Maine DOT Commissioner Dale Doughty described the accident as “the nightmare that commissioners worry about.”
While working on Interstate 95 in January, Maine DOT workers James “Jimmy” Brown, 60, and Dwayne Campbell, 51, died after a driver failed to brake at a stop sign and crashed into a tractor-trailer traveling on the highway.
To honor the men’s commitment to public service and their legacy as fathers, outdoorsmen and Mainers, a procession including DOT officials, family members and more traveled to the Augusta Civic Center Saturday for a memorial service.
Advertisement
Among those in attendance was Gov. Janet Mills, who remarked on who Brown and Campbell were and their dedication to their profession.
“Jimmy, as you know, worked for the Maine Department of Transportation for 12 years. Dwayne for more than 23 years,” Mills described. “We could count on Jimmy and Dwayne just as we could count on the 1,600 Maine dot workers who keep our roads and bridges safe every day.”
Brown was known for his humor and love of fishing, cars and his children.
Campbell got his start in the DOT by following in his father’s footsteps. Mills said at the service that Campbell loved his daughters and time spent outdoors.
For Commissioner Doughty, losses like this hit hard because of the closely bonded “family business” that DOT is.
Advertisement
That family expands past state lines, as departments of transportation from New Hampshire and Vermont were present to show their support.
New Hampshire DOT State Maintenance Engineer Alan Hanscom said he called Maine DOT just hours after hearing of the accident to see what his crews could do to help.
“My employees are impacted or subject to the same dangers that Maine and every other state is,” Hanscom said of the importance of his attendance. “I have an employee that was killed in a motor vehicle crash some years ago, so it kind of hits home.”
Saturday’s event served not only as a commemoration but also as a call to action. Despite DOT’s training, Doughty says it is rendered useless if motorists put right-of-way employees in danger through reckless or distracted driving.
Advertisement
Hanscom expanded: “People don’t realize that this is our office. You’re driving through our office space. We’d like you to give us some consideration and slow down and be mindful of where we are. Give us a little respect.”
Doughty mentioned that these dangers extend beyond DOT workers to everyone who does roadside work. Because of this, he says, agencies must join forces to develop solutions.
“I really think it’s time, and we have a meeting coming up in April, where we pull all agencies and all companies that work in the right-of-way, contractors, utilities, everyone to start to talk about that message,” Doughty said.
On the podium, Doughty told audiences: “Please help us carry forward their memory, not only with tears, but with action.”
On Thursday, the Joint Standing Committee on Transportation authorized the Maine Turnpike Authority to conduct a pilot program for speed enforcement in work zones. The legislation is now headed to the House and Senate.
Despite retaliation from their employer, nurses affirm their commitment to their patients and their union
Over two years since Northern Maine Medical Center (NMMC) first formed their union and began bargaining in good faith for a first contract, nurses remain committed to the patients they serve, and to making their hospital the best place it can be for everyone. Union nurses at NMMC signed the letter they released today, which says in part:
“Over the past two years, you have no doubt heard about the conflict that has grown between the hospital and us.
We want you to know that we never asked for this fight. The initiative to organize our union was to protect ourselves and our patients, not to punish any individuals or the hospital as a whole.”
The nurses’ letter goes on to say that their immediate goals as a union include: winning safe staffing for nurses and patients, promoting transparency and accountability at NMMC, retaining our local providers and staff, and making their hospital sustainable for the long term.
Advertisement
Terry Caron, RN and member of the nurses’ bargaining team said: “Two years ago, we decided to have a voice for ourselves and our patients by forming our union. The NMMC administration could have met us halfway, but it did not. It has only fought us and tried to punish us for speaking up. But we are as committed to our goals as ever. We will never stop fighting for our patients.”
NMMC nurses were joined today by Maine Senate President Mattie Daughtry, gubernatorial candidate Troy Jackson, and U.S. Senate candidate Graham Platner. They echoed the nurses’ call for NMMC CEO Jeff Zewe to stop his retaliation against the nurses and to finalize the union contract for which the nurses have been bargaining for most of the past two years.
Maine State Nurses Association is part of National Nurses Organizing Committee, representing 4,000 nurses and other caregivers from Portland to Fort Kent. NNOC is an affiliate of National Nurses United, the largest and fastest-growing labor union of registered nurses in the United States with nearly 225,000 members nationwide.
