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.
They were built decades ago in some of the most picturesque spots across Maine — manmade mountains of granite and brick, concrete and steel, rising beside rivers that powered the state’s booming textile industry through the 1800s and 1900s.
Now, these old mills are increasingly being converted to housing and other purposes. In Biddeford’s sprawling mill district, a variety of housing projects have been completed or are underway, including 154 apartments in the former Pepperell Mill that are being leased or sold as condominiums.
Two of the most recent conversions are Picker House Lofts, a mixed-income rental property in Lewiston, and The Spinning Mill, a housing and commercial project in Skowhegan. Both opened last year.
The Spinning Mill, including 41 apartments, a boutique hotel and a restaurant, received a 2026 Honor Award from Maine Preservation for excellence in historic preservation and rehabilitation.
Here’s a look at those three mill conversions.
The Spinning Mill
Location: Skowhegan, Somerset County
Waterfront: Kennebec River
Year built: 1922
Year renovated: 2025
Number of units: 41
Monthly rent: $1,510-2,750, utility and amenity fees vary
In its peak years, the Maine Spinning Co. employed 300 people and produced 2 million pounds of wool yarn annually in the heart of the downtown district, closing in 2005. High Tide Capital of Bangor purchased the site in 2019 and began a $20 million residential and commercial redevelopment project.
The conversion suffered a major setback in December 2023, when the storm-churned Kennebec fooded the first floor, causing more than $3 million in damage. An economic recovery grant from the state helped the developers clean up and continue.
The adaptive reuse respected the building’s history, preserving wooden floors and high ceilings, oversized windows and exposed brick walls. Modern plumbing, electrical, heating and cooling systems were installed, along with stainless steel appliances and granite countertops.
The four-story building includes studio through three-bedroom units, ranging from 630 to 1,300 square feet. Amenities include a fitness center, mini movie theater, coworking space, resident lounge and art studio. The property also includes The Skowhegan, a 20-room boutique hotel, and the Biergarten, a German-themed restaurant and event space with riverside patio.
Contact: Yates Murphy, The Spinning Mill, 207-951-6475
Picker House Lofts
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Location: Lewiston, Androscoggin County
Waterfront: Androscoggin River
Year built: 1855
Year renovated: 2025
Number of units: 72
Monthly rent: $1,495-2,000 (26 market-rate units); $801-1,332 (46 subsidized); heat, hot water and basic Wi-Fi included
Part of the 7-acre Continental Mill complex, Picker House Lofts is a 79,000-square-foot, mixed-income rental property developed by The Szanton Co. of Portland. The remaining 481,000 square feet of former factory space is being developed to include more than 300 additional apartments along with office, retail and light industrial uses by Chinburg Properties of Newmarket, New Hampshire.
Named for its original function, the five-story building is where workers called “pickers” removed seeds, twigs and other debris from raw cotton before it was woven into cloth.
It includes one-, two- and three-bedroom units, with 46 reserved for households with incomes at or below 60% of the area median income, which ranges from $35,880 for a single person to $51,240 for four people, according to MaineHousing.
The developers preserved historic features where possible, including wood floors, huge operable windows and 13-foot ceilings with exposed overhead carrying beams, while adding modern fixtures, utilities and appliances.
Amenities include a fitness center, indoor bike storage, landscaped courtyard with picnic tables and a communal lounge with adjoining roof deck that overlooks the Androscoggin River. It’s located downtown near a farmers market, museums and a park with a fitness court.
Contact: Saco Falls Management, 207-228-8800
Pepperell Mill
Location: Biddeford, York County
Waterfront: Saco River
Year built: 1845
Year renovated: 2008
Number of units: 154
Monthly rent: $1,695-2,995, utilities and wifi included
Originally converted by local developer Doug Sanford, apartments in the Pepperell Mill Campus retain many historic features from its textile-weaving past, including 10- to 18-foot ceilings, exposed brick walls and beams, and honey-colored maple floors.
Now owned and managed by Texas-based Presidium, the property is available to lease or purchase residential units as they come on the market, providing what the company calls a “try before you buy” opportunity. It’s part of a 17-acre complex in the heart of a downtown that includes a variety of small businesses, artists, restaurants, breweries and coffee shops.
Apartments range from economical studios to luxury two-bedroom, two-bathroom units that include washer-dryer hookups. Available condos are priced from $325,000 to $1.5 million, according to Portside Real Estate Group.
Units feature modern finishes and oversized, industrial-style windows, many with views of the Saco River. Amenities include smart laundry facilities, green spaces with seating areas and gas grills, riverside picnic areas and a dog-washing station.
Contact: Pepperell Mill Campus, 207-282-5577, Ext. 201
PORTLAND, Maine (WGME) — It’s graduation season, and 37 medical school grads received their degrees Saturday at USM.
The students graduated from the MaineHealth Maine Track program, which is a part of Tufts Univeristy in Boston.
Program leaders say students specifically trained in community-based medical practices across Maine.
BE THE FIRST TO COMMENT
Eleven of the graduates will begin their residencies at MaineHealth Maine Medical Center in Portland.
David Heidrich lives in Augusta.
From the cliffs of Acadia to the woods and waters of Katahdin’s national monument, Maine’s public lands are more than scenic, they are the backbone of our economy and way of life. Anyone who has spent any amount of time in these or other public places knows that they offer more than just natural beauty. They are central to our identity, drawing visitors from around the world, supporting small businesses and sustaining jobs in communities across the state.
As someone deeply invested in the success of Maine’s outdoor recreation and tourism industries, I know that investing in our public lands will support thriving communities for generations to come. But maintaining these places requires more than appreciation, it requires sustained investment and action.
In 2020, Congress recognized that many of our country’s national parks and other public lands were suffering from decades of deferred maintenance. Roads, bridges, water systems, historic structures and visitor facilities were aging faster than they could be repaired. In response, lawmakers passed the Great American Outdoors Act, which created the National Parks and Public Lands Legacy Restoration Fund (LRF).
This landmark legislation provided five years of dedicated funding to address long-overdue repairs on federal lands. Here in Maine, the LRF delivered $54 million for critical repairs to our public lands. These investments supported projects at places like Acadia National Park — improving trails, restoring historic carriage roads and upgrading essential infrastructure — as well as work on national forests and wildlife refuges across the state. These projects have served to protect natural resources, improve safety and enhance visitor experiences while supporting local economies.
Now, with that funding having expired, Congress is considering the America the Beautiful Act, introduced by Sen. Steve Daines of Montana and Maine’s own Sen. Angus King. The bill has received strong bipartisan support, and I want to thank Sen. King and Sen. Collins for their leadership in advocating for this important legislation.
The America the Beautiful Act rises above politics and reflects a shared commitment to conservation and safeguarding the places that help define both Maine and our nation. By continuing to invest in our public lands, we ensure they sustain local economies while preserving natural resources for residents, visitors and future generations alike.
Outdoor recreation is a cornerstone of Maine’s economy. Each year, millions of visitors come to experience our parks, trails, waterways and working forests — supporting roughly 32,000 jobs and generating $3.9 billion in economic activity. That is approximately 5% of Maine’s workforce and 4% of its GDP, respectively. Communities throughout Maine depend on these visitors, and the continued health of our public lands is essential to their continued success.
While important progress has been made, maintenance backlogs on our federal lands persist and require reliable, long-term funding. Congress should pass the America the Beautiful Act because it would provide $2 billion per year for eight additional years to address ongoing maintenance needs across national parks and public lands — without raising taxes.
This is accomplished by: 1) dedicating lease and royalty payments from energy producers operating on federal lands and waters to conservation, 2) requiring federal agencies to identify and dispose of unneeded assets, and 3) leveraging private funding by introducing a preference for projects with a 15% financial match from private stakeholders or nonprofit organizations.
By passing this legislation, Congress can ensure that Maine’s treasured public lands remain safe, accessible and vibrant. If we want future generations to experience Maine as we know it today, we need to invest in it now.
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