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Half of Maine indigent cases are being defended by 33 lawyers

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Half of Maine indigent cases are being defended by 33 lawyers


Maine officers might ask attorneys dealing with giant caseloads of indigent defendants to cease accepting new assignments from the courts, after discovering that 11 attorneys every have greater than 301 open instances and half of the open indigent instances are being managed by simply 33 attorneys.

The event is the most recent signal that Maine’s community of attorneys who characterize defendants unable to afford their very own counsel are overwhelmed. Maine is exclusive amongst states in not using public defenders. As an alternative, contracted protection attorneys are overseen by the Maine Fee on Indigent Authorized Providers, or MCILS. 

“We are able to’t proceed to ask attorneys to take extra instances than they responsibly must be taking,” mentioned Ron Schneider, a member of the MCILS fee.

The present disaster is a confluence of two issues. Maine courts have 58% extra unresolved felony, misdemeanor and civil violations as of August 2022 in comparison with three years in the past — earlier than the pandemic. There are concurrently fewer attorneys accepting instances involving a defendant too poor to rent an lawyer. 

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Among the many attorneys nonetheless accepting new instances as of Aug. 9, there have been 23,655 open instances. Practically half, 49%, are assigned to simply 33 attorneys, a latest evaluation by MCILS discovered. The totals don’t account for the open instances of attorneys not accepting new instances. 

MCILS is verifying that it isn’t overcounting open instances and requested attorneys this week to shut accomplished instances and “lawyer of the day” arraignment appearances, which triggered an approximate 10% drop in open instances, mentioned its govt director, Justin Andrus. But, he mentioned the general development stays unchanged, “Solely a really small subset is actively taking the majority of our instances.”

The group’s fee gave Andrus permission to ask attorneys to cease accepting new instances or deny appointments to extra if the attorneys appeared to have too many. Andrus declined to touch upon Wednesday whether or not that has but occurred. 

State legislators tasked MCILS with setting caseload requirements when it shaped the company in 2010, but it hasn’t occurred. Andrus has introduced proposals in latest months on how MCILS may restrict instances however commissioners haven’t finalized a rule.

Gov. Janet Mills, who’s campaigning for re-election, might take into account “extra potential options, equivalent to a recruitment marketing campaign,” to draw extra attorneys to work with the state’s indigent defendants, mentioned Lindsay Crete, a spokeswoman for the governor. 

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Mills labored as a court-appointed protection lawyer and later because the state’s lawyer common. Lately she has been reluctant to extend MCILS’s price range due to authorities and press experiences about lax monetary oversight and lawyer misconduct

Mills signed budgets with extra money for MCILS and allotted $4 million of pandemic funds to pay counsel charges because the courts work via the backlog of instances delayed by COVID-19. 

Requested if MCILS has addressed her issues, Crete mentioned, “The governor appreciates the work the fee has accomplished to enhance billing oversight and accountability.”

Republican challenger Paul LePage mentioned Maine wants to maneuver to county-based public defenders just like the system of district attorneys who prosecute instances. He mentioned it “must be funded by the state to make sure all felony defendants have ample entry to counsel.”

“Felony defendants have a constitutional proper to counsel. For that reason, I’ve been a longtime supporter of a public defender system,” LePage wrote in response to questions from The Maine Monitor.

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Whereas serving as governor, LePage despatched a invoice to lawmakers to open an Workplace of the Public Defender that may have employed and contracted attorneys to defend the state’s indigent. Lawmakers rejected the proposal in March 2016.

Maine is not ready to make sure that a lawyer might be appointed for each case. Some defendants in Aroostook County spent days with out an lawyer, The Maine Monitor beforehand reported

Maine Senate President Troy Jackson (D-Allagash) and Judiciary Committee chairwoman Anne Carney (D-Cape Elizabeth) are “deeply involved” by the scarcity of protection attorneys in rural Maine, in line with a press release from a Democrat spokeswoman. 

Jackson sponsored a invoice to open a authorized help clinic on the Fort Kent campus of the College of Maine. A bipartisan group of lawmakers additionally secured $966,000 for MCILS to rent 5 public defenders to work as a touring “rural public defender unit” to instantly serve defendants in areas with out sufficient attorneys. Hiring has not begun. 

Carney mentioned filling the 5 public defender jobs stays a precedence. 

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“We all know this won’t resolve the entire issues inside the system,” Carney wrote. “Sadly, the dearth of counsel representing indigent defendants in felony instances is a persistent downside in quite a few different states, all of which have some form of public defender system. That’s not to excuse what is occurring in Maine, however quite underscore the widespread issues on this space of regulation.”

The Monitor reported in July that New Hampshire had a “maintain record” of almost 1,000 instances that didn’t have an assigned lawyer. Public defenders had reached their most caseloads and plenty of seasoned defenders had left their jobs, additional diminishing the state’s capability to characterize indigent instances.

LePage mentioned attorneys have to be incentivized to maneuver to Maine’s rural counties to observe regulation.

“Maine doesn’t have an issue with lawyer shortages. Now we have an issue with too many attorneys in city areas,” LePage mentioned. “We have to present incentives for younger attorneys to dwell and work in our rural communities via scholar mortgage reform, not scholar mortgage cancellation. Our rural communities not solely face a scarcity of attorneys in our felony protection system, however authorized providers usually.”

Josh Tardy, chairman of the fee and a Republican former state lawmaker, mentioned a particular session of the state Legislature could also be wanted to deal with the MCILS issues. A particular session has not been mentioned, a Jackson spokeswoman confirmed. 

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Carney mentioned the $62.1 million annual price range proposal MCILS plans to undergo Mills and the state Legislature is “considerate” and “well-researched.” Work on the state’s two-year price range will start in December after the election, she mentioned. 

The initiatives within the MCILS price range might be determined after a public listening to on the Judiciary Committee, she mentioned.

“That’s the suitable path towards enacting a brand new system, not a shortcut,” Carney wrote.

 

Samantha Hogan experiences on authorities accountability and the felony justice system for The Maine Monitor. Attain her by e mail with story concepts: samantha@themainemonitor.org.

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Maine

Watch these otters playing in the Maine woods

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Watch these otters playing in the Maine woods


River otters are members of the weasel family, and are equally comfortable on land or in the water.

They probably are the most fun mammal Maine has, just because they like to play. But their play antics have a more serious purpose too. They teach their young survival skills, and hone their own, that way.

You will see them slide down riverbanks and muddy or snowy hills, wrestle with each other, bellyflop, somersault or juggle rocks while lying on their backs, according to the Smithsonian’s National Zoo and Conservation Biology Institute.

The otters in this video courtesy of Colin Chase have found a fun log to include in their games.

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Otters are social creatures but usually live alone in pairs. Parents raise two or three kits that are born in spring in a den near a river or stream, the Maine Department of Inland Fisheries and Wildlife website says.

They primarily eat fish, but also shellfish, crayfish and sometimes turtles, snakes, muskrats and small beavers, according to the MDIF&W.

Otters can swim up to a quarter mile under water, and their noses and ears close while they are submerged. They also have a membrane that closes over their eyes so they can see better under water, the Smithsonian said.

They are mostly nocturnal so it’s a treat to see them during the day, playing or hunting for food.



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Maine State Police respond to dozens of highway crashes amid Saturday snow

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Maine State Police respond to dozens of highway crashes amid Saturday snow


Maine State Police responded to more than 50 crashes and road slide-offs Saturday after southern Maine woke up to some light snowfall.

Police were responding to several crashes on the Maine Turnpike (Interstate 95) and Interstate 295 south of Augusta, state police said in a Facebook message posted around 10 a.m. Saturday.

Maine State Police spokesperson Shannon Moss said that as of early Saturday afternoon, more than 50 crashes had been reported on the turnpike and I-295.

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“The Turnpike has seen 24 crashes and slide offs primarily between Kittery and Falmouth with a higher concentration in Saco,” Moss wrote in an email. “The interstate has seen about 30 crashes and slide offs also in the Falmouth area but now in Lincoln and heading north.”

Moss said no injuries have been reported in any of the crashes.

“So far it appears visibility and driving too fast for road conditions are the causation factors,” Moss said.

State police reminded drivers to take caution, especially during snowy conditions, in the Facebook post.

“Please drive with extra care and give yourself plenty of space between you and the other vehicles on the roadway,” the post said. “Give the MDOT and Turnpike plows extra consideration and space to do their jobs to clear the roadway. Drive slow, plan for the extra time to get to your destination and be safe.”

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Maine real estate mostly unaffected by commission changes

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Maine real estate mostly unaffected by commission changes


New rules that went into effect in August changing who pays real estate commissions have resulted in more paperwork and some anxiety for home buyers and sellers but have had little, if any, impact on home prices in the state’s hot real estate market.

The changes, which stem from a settlement in a lawsuit accusing real estate agents of conspiring to keep their commissions high, altered the way commission fees are set nationally. 

For decades, most home sales in the United States have included a commission fee, typically between 5 and 6 percent of the sale price.

The typical Maine home went for around $400,000 this fall. A 5 to 6 percent commission on a $400,000 home would be between $20,000 and $24,000, split between the agents for the buyer and the seller.

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Before the changes in August, the split for each agent was predetermined by the seller, who paid the fee for both agents. That usually resulted in fees being baked into the list price of a home.

In some states (although not in Maine) agents were able to search the multiple listing service, a catalogue of homes for sale, by the commission split, which critics said incentivized agents to steer clients toward more expensive properties with higher commissions.

Now, fees are negotiated sale-by-sale. Buyers and sellers are now each responsible for paying their own agents, meaning a buyer may have to come with more cash up front if a seller doesn’t want to pay the commission fee for a buyer’s agent. Sellers are also no longer allowed to include commission fees in their listings.

Tacy Ridlon, a listing agent with Better Homes and Gardens Real Estate The Masiello Group in Ellsworth, who has been in real estate for 32 years, said it is a bit jarring to have a conversation with buyers about whether they are willing to pay part of their agent’s commission. 

Once the commission is established and the agreement signed, she said, the buyer’s agent then approaches the seller’s agent to see what part of their commission the seller is willing to cover, if any.

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Ridlon said 3 percent for the buyer’s agent is a typical starting point. 

“We have to start high. If the seller is willing to offer 2 percent for the buyer’s agent, then our buyer only has to pay one percent… If the seller is not offering anything, then we ask the buyer to pay a certain amount. Some can pay and some can’t. For some it’s very difficult because they don’t have a lot of money to play around with.”

The change has resulted in some confusion for many buyers and even some agents around the country, as rules differ from state-to-state. Photo by Kate Cough.

Some agents said they found the changes minimal; others find the paperwork and negotiating with buyers daunting. One agency owner said the ruling has done little to bring prices down.

“This ruling has done nothing to save buyers or sellers any money,” said Billy Milliken, a designated broker and owner of Bold Coast Properties, LLC, in Jonesport. “If anything, it’s made the cost of buying a home even more expensive.”

Milliken said his sellers have had no problem agreeing to pay both buyers’ and sellers’ commissions. The cost has been embedded in the price of the property. 

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“The real loser is first time home buyers who are not educated in buying a home and also have limited cash resources,” said Milliken. “It puts them at a disadvantage.”

The change has resulted in some confusion for many buyers and even some agents around the country, as rules differ from state-to-state. 

People are slowly getting used to the changes, said Monet Yarnell, president of the Midcoast Board of Realtors, who owns her own agency, Sell 207 in Belfast, adding that Maine’s real estate practices were already more transparent than many other areas of the country. 

“I think it was a little confusing in the beginning, more doom and gloom,” said Yarnell. But sellers are still incentivized to offer something to the buyers’ agents, she said. And the changes have increased the level of communication between agents and their clients.

“It’s more how the money flows rather than the actual dollars.”

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Ridlon, in Ellsworth, said she has been fortunate that most sellers have offered some compensation toward the buyer’s agent commission. “I have not had a buyer who can’t do the 3 percent.”

Ridlon had one seller who was not willing to pay any part of the buyer’s agent’s commission. The property had a lot of showings, but many of the buyers asked for closing costs to be covered or for concessions in lieu of picking up part of the commission.

“That didn’t really work for my seller either,” she said. “Then he relented and said he would pay one percent.” 

The property sold.

Debbie Walter sold her condominium in Stockton Springs via Yarnell and then bought another condominium in New London, N.H., with another real estate agent. 

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“We’re kind of guinea pigs,” said Walter. “We were very concerned about that whole piece, both as sellers and buyers.”

Fearful the sale of their house might not proceed smoothly the couple readily agreed to pay a 3 percent commission for the buyer’s agent.

When they made their offer to buy the condominium in N.H., they offered as buyers to cover their buyer’s agent’s commission as well. But the seller in that case took an equally cautious approach and offered to cover 2.5 percent of the buyer’s agent’s commission, which Walters’ agent accepted.

“It was very stressful,” Walter said. Offering to cover their buyer’s agent’s commission, she said, created “one less headache for the whole closing procedure.”

Tom McKee, president of the Maine Realtors Association, said the settlement and new rules have had little impact.

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“It hasn’t changed anything for me,” said McKee, who is with Keller Williams in Portland. Now that the commission split is no longer listed in the M.L.S., said McKee, “there are just more questions in the transaction.”

McKee said there is no set percentage, that everything is negotiable.

“If we do our job right and are meeting with the client first, they already understand.”



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