Maine
A Maine judge might release people without lawyers from jail
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.
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.”
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.
“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.
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.
“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.”
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.
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This story will be updated.
The Maine Department of Transportation is moving to slash up to $400 million in projects from its agenda, a shocking and abrupt cutback that is rattling the state’s construction industry at the start of building season.
Roughly $50 million across six pavement projects have already been delayed, according to a memo exclusively obtained by the Bangor Daily News. The agency plans to cut or delay another $150 million in bridge, highway, intersection and multimodal projects later this month. A further $200 million or more in cuts are planned in the next three-year work plan.
Those figures were outlined by Transportation Commissioner Dale Doughty in the May 18 memo to Gov. Janet Mills that has since circulated widely in the transportation sector, which has been getting drip-by-drip details on the wide scope of the cuts over the past three weeks.
It comes at the beginning of the state’s relatively narrow construction season. Companies have hired workers and ordered materials for projects they expected to begin this summer. The severity of the transportation budget problems was not raised to lawmakers during the 2026 legislative session.
Kelly Flagg, executive director of the Associated General Contractors of Maine, called the shortfall “deeply troubling” in a statement.
“We stand ready to work with policymakers, stakeholders, and industry partners to identify both immediate and long-term solutions,” Flagg said. “Maine cannot afford to fall further behind.”
Insiders saw this first.
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The cuts stem from a structural funding gap of at least $130 million in the state’s current work plan, according to Doughty’s memo. Losses are magnified because state money from the gas tax and other revenue sources is matched by federal funds. Lawmakers have long grappled with politically difficult long-term problems with the state’s transportation budget.
A Mills spokesperson said Wednesday morning that the administration was working on a response to questions from the BDN. The department says it needs roughly $240 million more in state capital funding annually to maintain the existing system, and that anything less than $200 million will erode it over time.
Doughty’s memo the only near-term solution is a series of bonds beginning as soon as possible. Lawmakers would have to return to Augusta to authorize that if one is going to appear on the November ballot.
The BDN Opinion section operates independently and does not set news policies or contribute to reporting or editing articles elsewhere in the newspaper or on bangordailynews.com
Michael Capeci is the former chairman of the Bangor GOP.
Let’s be honest about Maine’s current state.
For many families, the cost of living has become unsustainable. Housing is out of reach for many young people. Energy bills keep rising. Many small businesses are struggling under taxes and regulations that make it harder to grow. Rural hospitals are under strain and despite years of increased state spending, the results are not showing up in people’s daily lives.
Concurrently, Maine continues to lose young workers to other states. That is not a statistic, it is a warning sign.
To me, the question in this Republican primary for governor is not about slogans. It is whether we continue with a political approach that has failed to reverse these trends, or whether we nominate someone with new ideas. I think that someone is Owen McCarthy.
Owen is not a political insider. He is an entrepreneur from Patten, a small town where opportunity is not assumed, it is built. He grew up in a working-class family, became the first in his family to graduate from college graduating from the University of Maine, and founded MedRhythms, a healthcare technology company focused on neurological treatment.
He didn’t just talk about opportunity. He built it. That distinction matters, because Maine’s problem is not a lack of debate it is a lack of results. We have seen the trajectory: higher costs, slower growth, and a steady outmigration of young workers. I believe Owen McCarthy represents a break from that pattern.
His Maine 2040 plan focuses on creating 50,000 new jobs in sectors where Maine has real advantages — maritime and defense, advanced forest products, and life sciences. These are export-driven industries tied directly to Maine’s workforce, geography, and institutions. What sets Owen apart is not only what he proposes, but how he approaches governing.
He prioritizes modernizing permitting so projects do not stall. He supports using technology to reduce costs and increase efficiency. He focuses on making it easier to build, hire, and expand in Maine.
That same practical mindset extends to healthcare. Expanding telehealth, strengthening EMS systems, improving provider flexibility, and shifting toward earlier intervention are not abstract reforms. They are system upgrades designed to improve access while controlling costs.
Maine voters consistently respond to competence. They reward candidates who understand problems and present plans to solve them. I believe they are tired of rhetoric that does not translate into results, and skeptical of politics that prioritizes messaging over execution.
Owen’s approach is grounded in solving the issues that shape daily life — affordability, healthcare access, job creation, and government efficiency. That is not just policy positioning. It is a governing model that speaks directly to voters.
Some will point to his lack of political experience. But I believe Maine’s core problems are not the result of insufficient political experience; they are the result of policies that have failed to deliver measurable improvement. Experience inside a broken system, by itself, is not a solution.
If Republicans want to win, this primary must be taken seriously. From my perspective, it is not about choosing a nominee for governor who can energize the base. It is about selecting someone who can compete in a broader electorate that is frustrated and looking for change.
That requires a candidate who can speak beyond the base, not by abandoning principles, but by demonstrating competence and a credible plan to address Maine’s challenges. I believe Owen McCarthy offers that combination. He represents a shift away from managed decline and toward economic execution.
This is not just another primary. It is a decision about whether Republicans position themselves to win Maine or whether they remain trapped in a cycle of repeating the same strategies and expecting different outcomes.
If Republicans want to compete for Maine’s future, they cannot afford to nominate a candidate who only motivates part of the electorate. They need someone who expands it.
I believe Owen McCarthy is that candidate.
And if the goal is to win Maine, then the choice should be unmistakable
The only notable change in the top-seven of the Varsity Maine baseball poll is that Gorham now has eight first-place votes, two more than last week. The order of the seven teams is identical. In fact, the only change in the top-seven over the past three polls is the swap at the top after Gorham’s win over South Portland on May 19.
Furthermore, Gorham, South Portland, Oxford Hills, Cheverus, Bangor, Mt. Ararat and Fryeburg have been ranked in the top seven for four straight weeks, and six of those squads have been among the top seven in every poll this spring.
Meanwhile, Scarborough is ranked for the first time since May 5, and Ellsworth and Thornton swapped spots.
The Varsity Maine baseball poll is based on games played before June 2, 2026. The top 10 teams are voted on by the Varsity Maine staff, with first-place votes in parentheses, followed by total points.
1. Gorham (8) 89
2. South Portland 79
3. Oxford Hills (1) 75
4. Cheverus 55
5. Bangor 42
6. Mt. Ararat 41
7. Fryeburg Academy 30
8. Ellsworth 27
9. Thornton Academy 25
10. Scarborough 12
Also receiving votes: Washington Academy 8, Monmouth Academy 4, Cony 4, Leavitt 2, Falmouth 2.
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