We spent a year reporting and writing “Maine’s Part-Time Court” to understand the lives and death of residents in probate court.
Maine’s 16 independent, county-run probate courts are not a part of the state judicial branch. The probate courts are run by part-time, elected judges responsible for monitoring the well-being and financial futures of adults and children under guardianship and conservatorship, as well as the estates of the deceased.
Our interest in the probate courts stemmed from two observations.
One, Maine voters passed a constitutional amendment 56 years ago that would make probate judges full time, but in the five decades since then, the legislature has not completed the steps necessary to implement the will of the voters.
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Two, we uncovered systemic problems with other aspects of the state’s courts and justice system, including the lack of a statewide public defenders office and the recording of nearly 1,000 confidential attorney-client phone calls in county jails.
The probate courts are a corner of the state’s judicial system that has been long overlooked despite serving thousands of Mainers.
In April, we sent a survey with 18 questions about staffing levels, the number of guardianships being overseen by the probate court, and financial reviews of conservators to each probate court. The Maine Monitor received responses from 10 probate courts, including Androscoggin, Cumberland, Kennebec, Knox, Lincoln, Piscataquis, Sagadahoc, Waldo, Washington and York counties.
The survey revealed that many probate courts do not know how many adults are under guardianship, or if those people are alive or dead. And many probate courts do not audit conservators or have a method to detect attempted theft.
We observed proceedings at the Cumberland County Probate Court in Portland and Kennebec County Probate Court in Augusta. We also traveled to Bangor and Brunswick to spend the day with two women who shared their stories about being under guardianship, and how the mandate for probate courts to consider a less restrictive alternative to guardianship known as “supported decision-making” affected their lives.
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Our observations were supplemented with interviews with 60 people, including probate judges, registers of probate, guardians, adults under guardianship, lawyers, disability advocates, family members, state officials, legislators and a former state Supreme Court associate justice. We also spoke with fraud detection experts in Florida and Minnesota court systems. We made multiple requests to interview the leaders of Adult Protective Services in Maine and were denied each time.
The Maine Monitor’s reporting showed that the challenges facing those who require the services of Maine’s probate system are only getting worse, one advocate said. Photo by Fred J. Field.
To broaden our understanding of the probate courts, we reviewed hundreds of pages of online probate court records and dozens of attorney discipline decisions where the probate court was mentioned. We also read state studies about financial exploitation of adults, demographics and characteristics of adults who get exploited, and seven decades of government research on ways to overhaul the state’s probate court system.
The Monitor also made public records requests to the Office of the Chief Medical Examiner for data about the causes and circumstances of all adults who died under the state’s care of a public guardian between 2018 and May 2023.
We received an anonymized dataset of more than 200 people. The vast majority of deaths were deemed natural or accidental. The data revealed, however, that medical examiners had rarely done examinations of the deaths of people under public guardianship prior to 2021.
The attorney general’s office also inadvertently sent the Monitor a spreadsheet that contained the names of seven people the medical examiner’s office deemed to have died in “undetermined” ways and one death medical examiners labeled as a “homicide.”
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We read 300 pages of probate court records about the eight individuals; tracked down living relatives for interviews; contacted assisted living facilities, veterans homes and private adult foster homes where the eight had died; asked police about their investigations of the deaths — often to be told there was none; and interviewed the leader of the attorney general’s Healthcare Crimes Unit.
Unlike many states, death certificates are confidential in Maine and can only be accessed by family members. The attorney general’s office asked the Monitor not to publish the eight names, but the Monitor decided to publish their full names and details about their deaths to bring public attention to the state’s secretive system responsible for the well-being of some of the state’s most vulnerable people.
In response to the Monitor’s reporting, state lawmakers held a 3½-hour public hearing on Oct. 25 about how the state’s guardianship system operates.
Officials from the probate courts, Maine Department of Health and Human Services, medical examiner’s office, attorney general’s office and Disability Rights Maine were asked to come and speak. The hearing concluded with calls from legislators for more oversight of guardians.
This series “Maine’s Part-Time Court” was supported by a grant from the Fund for Investigative Journalism. The investigation was also made possible by support from Report For America and the Investigative Editing Corps, which allowed Alan Miller and Mike Wagner to join as project editors. Samantha Hogan has been a reporter with The Maine Monitor since June 2019.
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Samantha Hogan focuses on government accountability projects for The Maine Monitor. She joined the newsroom as its first full-time reporter in 2019 with Report for America. Samantha was named the 2021 Maine’s Journalist of the Year by the Maine Press Association, and spent 2020 reporting on Maine’s court system through the ProPublica Local Reporting Network. Her reporting on county jails recording and listening to attorney-client phone calls won the Silver Gavel award from the American Bar Association and was also a semi-finalist for the Goldsmith Prize for Investigative Reporting in 2023. Samantha previously worked for The Frederick News-Post and interned twice for The Washington Post.
Harpswell, Brunswick, Freeport, Kennebunkport, Belfast, St. George, Bath, and now Phippsburg. These are the towns where Maine Coast Fishermen’s Association, a nonprofit dedicated to fostering sustainable fisheries in the Gulf of Maine and supporting Maine’s fishing businesses, has co-hosted panels to discuss the variety of issues facing Maine’s working waterfronts.
The next in the series, titled “Hidden Working Waterfronts,” will be held in Phippsburg from 5:30 to 7 p.m. on May 23 at the Maine Oyster Company’s basecamp. This will be a discussion of the small working waterfronts that often go unnoticed along the coast of Maine, particularly those in Phippsburg and Georgetown, and their significance to the waterfront economy and heritage of this area.
Panelists will include those involved in shellfish harvesting, oyster farming, commercial fishing and management of coastal resources. It will be moderated by MCFA Director of Community Programs Monique Coombs, with space for questions and discussion from participants. The event is free, but registration is required. Maine Oyster Company will also have lobster lunch boxes and oysters for sale on site. More information as well as registration is available at maine-coast-fishermens-association.networkforgood.com/events/71734-hidden-working-waterfronts-a-working-waterfront-conversation.
This panel follows on the heels of another panel recently held in Bath to address the impacts of this winter’s storms on the coast of Maine. Held at the Maine Maritime Museum on April 3, that panel discussed the future of maritime industry and the challenges that lay ahead in recovering and rebuilding the coast’s working waterfront infrastructure. Resources related to storm recovery as well as a synopsis of that panel as well as recordings and information about previous panels are available at mainecoastfishermen.org/working-waterfront.
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Water flowing, oysters growing at Harpswell hatchery
Over time, Maine has affectionately earned the nickname “Vacationland,” a title that comes as no surprise to those who have made the trek to visit it. Beautiful shores, lush forests, shimmering lakes, and native wildlife abound, creating an atmosphere of untouched beauty. Charming little towns, steeped in history and brimming with stories passed down through generations, are tucked away within these natural wonders. As the weekend approaches, these towns come alive with a vibrant energy, beckoning travelers from far and wide who seek the perfect retreat from the hustle and bustle of everyday life.
Swan’s Island
A walkway in Swan’s Island, Maine.
Swan’s Island is the ideal destination for a short weekend getaway. The 7,000-acre island is easily explorable within a couple of days. Stunning rocky coastlines and dense forests populate the island. The adventure begins during the journey to reach the island, which is accessible exclusively through the Maine State Ferry Service. Outdoor lovers can venture along the island’s 1.8-mile marked trails and explore its four public beaches, three of which require hiking for access.
Visitors can explore the island’s rich history at the Swan’s Island Lobster & Marine Museum, showcasing artifacts from its fishing industry past. The Swan’s Island Historical Society offers additional insight through various exhibits. Those wanting to disconnect can stay at the Harbor Watch Inn, one of the Island’s few hotels.
Boothbay Harbor
Downtown Boothbay Harbor, Maine. Image credit EQRoy via Shutterstock.com
Those who love spending the day out on the water will love Boothbay Harbor. Many travelers take to sailing, fishing, kayaking, or paddleboarding, enjoying the sea breeze and scenic views of the rocky coastline. The picturesque views continue, with travelers having various waterfront restaurants to select from, including McSeagull’s and 727 Ocean Sunset Bar.
The Coastal Maine Botanical Gardens, featuring over 300 acres of gardens, is also a Boothbay favorite. Charming bed and breakfasts line the downtown area, making it easy to find a place to spend the night. Harbour Towne Inn, a waterfront inn surrounded by lush gardens, will enchant visitors with Boothbay’s relaxed spirit.
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Castine
The marina in Castine, Maine. Image credit Kristi Blokhin via Shutterstock.com
Despite its modest population of just over 900, Castine’s 400-year history, adorned with Greek and Federal Revival architecture, coupled with its enchanting harbor, promises an abundance of activities for a weekend escape. Castine does not shy away from recreational activities. Between sailing, kayaking, tennis, and golf, the town has a sport for everyone.
Visitors can also hike a short footpath around the Dyce Head Lighthouse, established in 1829. Shoppers can easily spend a Saturday afternoon strolling through Castine’s village of shops and galleries before stopping at a mouthwatering restaurant. Pentagoet Inn completes the Castine experience with its charming Queen Anne Victorian architecture. It also features a wine bar with delicious food and drinks!
Greenville
A closeup of a seaplane in Moosehead Lake, Greenville, Maine.
Nestled alongside Maine’s largest lake, Moosehead Lake, Greenville emerges as an ideal hub for fishing, boating, canoeing, and hiking enthusiasts. Positioned amidst this expansive 40-by-20-mile lake, intrepid travelers can embark on a hike up Mount Kineo, a towering 763-foot cliff, to relish breathtaking 360-degree vistas from its summit. Lily Bay State Park, nestled on the shores of Moosehead Lake, offers ample room for swimming and boasts a sandy beach perfect for sun-seekers.
Wishing for a memorable excursion? Book a Moose Safari on Moosehead Lake to encounter majestic moose in their natural habitat. The Greenville Inn is an excellent place to stay. It showcases the town’s history through photographs and paintings splayed on the walls, accompanied by a well-preserved historic interior.
Rockland
Rockland Harbor during Rockland Lobster Festival in summer, Rockland, Maine. Image credit Wangkun Jia via Shutterstock.com
Rockland has a plethora of activities, from summer festivals to island explorations and water sports. Every July, the renowned North Atlantic Blues Festival attracts visitors worldwide, showcasing acclaimed jazz performers like Jr. Wells and Koko Taylor alongside delectable seafood, embodying the essence of the Atlantic Coast. While most beaches in Rockland host rocky shores, Barrett’s Cove on Megunticook Lake provides a rare sandy oasis for sunbathing and swimming without the usual crowds, even during peak summer.
For a sophisticated dining experience to cap off the day, 18 Central Oyster Bar & Grill stands out with its upscale ambiance and locally sourced seafood delicacies, ensuring a memorable culinary journey. Nestled in Rockland’s quaint historic district, the LimeRock Inn is a Victorian mansion converted into a cozy bed and breakfast that is a great lodging option for a short getaway.
Harpswell
Lowell’s Cove in Harpswell, Maine.
Harpswell stands out as a truly distinctive town, on Harpswell Neck, a cluster of sizable islands interconnected by bridges. The best way to become quickly familiar with Harpswell is by embarking on a kayak tour. Those who have always wanted to sail but have never known where to begin are in luck. Orr’s Bailey Yacht Club provides beginner sailing sessions that will take its students through racers to practice. Back on solid ground, Harpswell has lots of history to share. The colonial era Old Meeting House is a fascinating landmark, dating back to the 1750s and used by generations to host church services.
Additionally, a historic colonial burial ground lies just behind it. For hikers, Cliff Trail is a true gem. The rugged, 2.3-mile trail features stunning views overlooking 150-foot cliffs. Heading back into town for the night, The Harpswell Inn, dating back to the 1700s, offers a comfortable retreat at the waterfront.
Rumford
Overlooking downtown Rumford, Maine.
Fishers and hikers flock to Rumford in the summer months due to its scenic and relaxing surroundings. Androscoggin River becomes a haven as the weather warms, with locals and tourists participating in fishing, boating, and paddling. Those up for a challenge can hike up Rumford’s Whitecap Mountain, which has two trails that lead to panoramic views of the forests and hills below. Back in town, Rumford offers an array of antique, collectible, and thrift shops, making it easy to find a unique souvenir. The J. Eugene Boivin Park along the river is a great place to wrap up an afternoon before heading to your lodging. Hotel Rumford is a classic; a cozy stay right on the river.
Although travelers could easily spend beyond a month exploring Maine’s treasures, a weekend trip provides a fantastic taste of what this state has to offer. From coastal paradises like Boothbay Harbor to serene island escapes like Swan’s Island, each destination represents a unique side of Maine’s rugged culture. As you prepare your weekend itinerary for some much-needed time away, do not shy away from these memorable destinations in Vacationland.
The Maine’s Black Future podcast boldly visits stories of historic Black Mainers and the legacies they carved into the state. Then we connect this longstanding history to Black changemakers weaving Maine’s Black future today!
We define terminology, keep it real, and invite you to connect deeply with Black Mainers creating the future that we want to live in. We showcase Black excellence occurring all over Maine and feature original music production from the GEM CITY Maine collective, throughout.
Episode 6 opens with Genius Black telling the story of John D. Carter, who lived in Augusta during the 19th century.
In the 1830s and 1840s, Carter and his wife Mary lived above his barbershop. Carter was a successful businessman, and a vocal opponent of slavery, which he considered a sin. He proposed anti-slavery resolutions that challenged First Baptist Church of Augusta’s commitment to act against enslavers and the institution of slavery. He was an early activist, paving the way.
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Lisa Jones
Later in the episode, Genius and Lisa Jones connect about founding Black Travel Maine, growing up in the Tri-State area, and lobbying on behalf of small businesses in Washington D.C.
Genius touches on the Black history that drew Jones to the state of Maine, and how much the people of Maine mean to her.
She talks about entering the travel industry, and early impact she created there. Jones recalls some of the reasons for starting Black Travel Maine, and how she connects travelers’ needs to the solutions she offers.
She also highlights the economic impact of increasing tourism, particularly Black tourism to the state.
As Jones shares a list of career honors and reflects on their relevance, we get a peek into Black excellence within the travel industry. The conversation concludes with a discussion about her vision and proclamations for Maine’s Black future.
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You can listen below to the episode or you can find it on some of your favorite podcast hosting platforms including Spotify, Apple Podcasts, iHeart Radio, Google Podcasts, Amazon Music, TuneIn + Alexa, Podcast Addict, Podchaser, Deezer, Player FM, Listen Notes, Podcast Index, Goodpods and Pocket Casts.
Past Episodes
Episode 1: The history of London Atus and an interview with Alfine Nathalie.
Episode 2: The history of Pedro Tovookan Parris and an interview with Junes Thete
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Episode 3: The history of John Brown Russwurm and an interview with Adilah Muhammad
Episode 4: A story of Sherman Kentucky Ferguson and an interview with David Patrick
Episode 5: A story of Gerald E. Talbot and an interview with Angela Okafor
Podcast Series Notes
Maine’s Black Future Podcast is supported by Maine Initiative’s Grants for Change program and receives editing and multimedia support from The Maine Monitor, which also serves as the fiscal sponsor for Maine’s Black Future.
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This relationship also means you can now give your tax deductible gift or donation to the Maine’s Black Future Podcast, via The Maine Monitor.
Genius Black, or Jerry Edwards, was awarded the 2024 Media Arts Fellow for the Maine Arts Commission. This podcast is funded in part by a grant from the Maine Arts Commission, an independent state agency supported by the National Endowment for the Arts.
Theme music produced by Genius Black, composed by Genius along with Bill Giordano on bass and Ben Noyes on acoustic piano.
Podcast recorded, and produced by Genius Black at Portland Media Center, for The Maine Monitor.
Episode References & Links
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Maine’s Visible Black History, The First Chronicles of its People by H.H. Price and Gerald E. Talbot.
Up and Down the Kennebec Valley: Blacks in Maine – Part 2
Augusta, Maine Wikipedia
Visit Black Travel Maine
Connect with Genius on Instagram
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Genius Black
Genius Black, also known as Jerry Edwards, is a social innovator, entrepreneur, and musical artist based in South Portland, Maine. Naturally a storyteller and motivator, he focuses on collaboration and audio/video production as a craft. Genius curates a collaborative network and collective of musical talent, GEM CITY, driving the intersection of art, culture, and quality of place unique to Maine’s coast. He holds a degree in Africana Studies and an English minor from Bowdoin College. He is the father of two teenagers, 15 and 19 years old. Genius is a media and communications organizer for TheThirdPlace and a proud board member of Portland Media Center.
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