Maine
Maine no longer poised to release people without lawyers from jail
After years of litigation, a March ruling set the stage for criminal defendants in Maine to get released from jail or have their charges dismissed because the state had failed to provide them with attorneys.
But an order from the Maine Supreme Court earlier this month has scuttled that process, at least for now.
In March, Superior Court Justice Michaela Murphy ruled that Maine was violating the constitutional rights of poor criminal defendants by failing to provide them with state-funded attorneys when they were charged, resulting in some defendants going weeks or months without legal representation. The state’s failure to assign attorneys prevented cases from moving forward, further exacerbating a problem of too many cases for too few attorneys.
Murphy scheduled hearings about the defendants’ potential release in Bangor on June 24 and in Lewiston on July 1, two hot spots of the state’s indigent defense crisis. The proceedings are called habeas corpus hearings, after the legal concept that someone has a right to challenge their imprisonment in court.
Murphy asked the American Civil Liberties Union of Maine, which is leading the class action lawsuit against the state, to file a list of defendants in Penobscot and Androscoggin counties who would be eligible for the hearings. They filed a list of eight defendants on June 9. Five of the defendants were incarcerated in Penobscot County Jail without an attorney at the time, another two were being held at Two Bridges Regional Jail in Wiscasset.
The eighth defendant was listed as incarcerated in Androscoggin County Jail, but court records show he was released on bail on May 27. Those same court records show that as of June 25, no attorney had been assigned.
On June 12, the two sides of the case met and agreed that all eight had been assigned attorneys since the filing was made three days prior, according to court records. Despite being seemingly unaware of the eighth defendant’s release, the agreement demonstrated the state can, on a small scale, find attorneys for defendants if sufficiently incentivized.
In response to the agreement, Murphy cancelled the habeas hearings and instead ordered another hearing to implement a system for the proceedings moving forward.
But an order from the Maine Supreme Court on June 20 in response to an emergency appeal from the state halted that hearing, and all future habeas hearings, while the high court hears the state’s appeal of Murphy’s decision.
“We conclude that the trial court may not undertake further habeas corpus proceedings in this action during the pendency of this appeal,” Chief Justice Valerie Stanfill wrote in the order.
Stanfill’s order set oral arguments to begin October 7. The order represents another delay in a case that has already dragged on for more than three years.
“We’re hopeful that, because the appeal is expedited, it will at least move relatively quickly,” said attorney Carol Garvan of the ACLU of Maine. “But this is about people who, every day, are going without counsel, and that affects their cases, but also their lives in really devastating ways.”
A constant churn
The case is a class action lawsuit, with the members of the class constantly churning as defendants without lawyers get them, and new defendants enter the system and wait, either in jail or at home, for an attorney to become available.
On June 23, there were 225 cases in need of an attorney, according to a list compiled by court clerks and distributed to attorneys by the Maine Commission on Public Defense Services, which is a defendant in the lawsuit.
Most of those cases on the list involved defendants who were out on bail or otherwise not incarcerated while awaiting future court dates. Of the 225 cases, 92 had been without an attorney since before June 1.
About a quarter of those 225 cases involved defendants who were detained in county jails. Thirty cases involved defendants who had been in custody for 10 days or longer without an attorney.
The list of unrepresented cases has been shrinking in recent months, however, suggesting Maine’s indigent defense crisis may be waning as the state opens and staffs public defender offices. A year ago, there were more than 1,000 Maine criminal cases in need of an attorney.
Maine’s total backlog of criminal cases, the vast majority of which are staffed with attorneys, has fallen eight percent in the last year, according to MCPDS data. But the number of pending cases is still 32 percent higher than it was before the pandemic. This month, the number of pending felonies statewide is 65 percent greater than it was in June 2019.
Despite recent progress, Maine Commission on Public Defense Services Executive Director Jim Billings has warned that the downward trend in unstaffed cases could quickly reverse if the legislature doesn’t provide more funding. The commission oversees both the state’s public defenders as well as payments to private attorneys representing indigent defendants.
At a Wednesday meeting, Billings said the commission is on track to run out of money by April 2026, after the legislature refused to act on its additional funding request. (The legislature did pass a one-time $3.5 million payout for the commission). Mills has said the commission doesn’t need any more funding, and criticized its rules limiting attorney eligibility and the number of cases attorneys can take.
At the meeting, commissioners also discussed the possibility that attorneys will move to other types of legal work if payment for indigent criminal defense is delayed or not forthcoming, and not return.
“A thousand cases on the unrepresented list is going to be child’s play compared to where we will be next spring,” Billings said Wednesday.
A violation, but what remedy?
The appeal to the Maine Supreme Court concerns only one count of the five included in the class action lawsuit against the state. The state has also appealed other counts, including Murphy’s ruling that found Maine violated the Sixth Amendment rights of prisoners. But the state filed an emergency appeal on Count 3 specifically, asking the high court to halt the habeas hearings.
The case is complicated and sprawling, especially in light of the simplicity of the questions at the center of it all: at what point does the delay of a constitutional right, in this case the right to an attorney in criminal proceedings, become a denial? And once a constitutional right is violated, what’s the remedy?
Judges across the state have ruled in individual cases that incarcerated defendants have had their Sixth Amendment rights violated, although there appears to be no statewide count of these rulings.
In many instances, judges ruled that the public safety interest in keeping defendants incarcerated outweighed the need to remedy the constitutional violation. In those instances, the judges acknowledged the unfairness of the predicament, without doing anything to address it. In some cases, however, judges have lowered bail enough so the defendant can pay it and secure their release from jail.
Maine judges have little precedent to draw from when deciding whether, or how, to remedy Sixth Amendment violations. Those decisions are now made in the shadow of the one that went terribly wrong.
Last June, Judge Sarah Churchill lowered the bail of Leein Hinkley in response to a Sixth Amendment violation, facilitating his release from Androscoggin County Jail. A few days later, Hinkley violated the conditions of his release by going to the home of an ex-girlfriend and starting a fire that killed a man. Hinkley died at the scene following a shootout with police.
The decision to lower bail by Churchill, a former defense attorney, sparked a public outcry and criticism from Governor Janet Mills, a former prosecutor. Earlier this year, Mills nominated Kelly O’Connor of the Maine Coalition to End Domestic Violence to the commission, a rare non-attorney selection.
In March, Murphy ordered a less subjective and more clear-cut procedure for determining the remedy for Sixth Amendment violations. Her process for the now-aborted habeas hearings was based on rulings in similar cases from Oregon and Massachusetts, states that have also been mired in similar Sixth Amendment crises.
If a defendant had been in jail for 14 days without an attorney, they would be released on bail with conditions while their case proceeded. If the defendant had gone more than 60 days without an attorney, whether they were incarcerated or out of jail but subject to bail conditions, the charges would be dismissed without prejudice, meaning they could be filed again in the future.
Maine’s high court will decide months from now whether Murphy’s framework will ever be used. In the meantime, many defendants, who have not been found guilty of the charges against them, are waiting under bail conditions or in a Maine jail without an attorney. In many instances, victims of alleged crimes are also waiting for a resolution.
Maine
Video captures student assaulting freshman at Maine high school
WALDOBORO, Maine — A freshman at Medomak Valley High School was attacked Wednesday afternoon in a vicious assault captured on video.
The father of the child, who is not being named to protect the privacy of the student, said bullying is rampant in the schools.
The assault occurred outside the school as students were getting on buses. The video shows a larger male student knocking down a smaller male and then repeatedly punching him in the head. Nearby students did not intervene, with some watching and others walking by the assault. Two adults are seen rushing to the scene and the assailant got up and walked away as one of the adults directed him to go to the office.
The father said this was the fourth time his son has been assaulted at the school since classes started this year.
“They have posters throughout the school, saying bullying is not tolerated but they don’t do anything,” the father said.
He said, in one instance, a junior in the gym picked up his son and threw him to the floor, breaking his son’s cellphone. In another, a girl came up from behind him in the hallway and knocked him to the floor.
The father said he is frustrated with the lack of action by the school resource officer throughout the year. He said the officer asked his son if he did anything to provoke the assault and that is trying to shift the blame to the victim.
A student filmed the Wednesday assault and shared it on social media.
Regional School Unit 40 Superintendent Thomas Ambrose issued a letter to parents Thursday morning
“I want to thank everyone who reached out to me about the fight at the high school yesterday. I’m writing this letter to let everyone know the following: 1. Fighting and violence at RSU 40 will not be tolerated. 2. There will be consequences for students who have violated our code of conduct or district policies once the investigation is complete. 3. We are working in collaboration with law-enforcement and our attorney to make sure that the investigation is conducted appropriately and that laws and policies for student behavior and discipline are being implemented appropriately. I’ve received some questions about the process for communication when an incident like this occurs. It is important to remember that students are protected by State and federal privacy laws including FERPA: the Federal Education Rights to Privacy Act. It is very likely that little to no information about the discipline or consequences for situations like this will be shared publicly. Students have a right to confidentiality, and this right often causes people to think that things are being swept under the rug or not addressed. I want to assure everyone that is not the case and we will be dealing with the discipline aspects of this situation as soon as the investigation is complete. If you have any questions, please don’t hesitate to reach out to me at any time. My email address is Thomas_Ambrose@rsu40.org,” the letter stated.
Medomak serves students from Waldoboro, Friendship, Warren, Union and Washington.
This story appears through a media partnership with Midcoast Villager.
Maine
State officials warn against scam targeting Maine corporations, nonprofits
PORTLAND (WGME) – A scam is targeting Maine corporations and nonprofits.
The Secretary of State’s Office says fraudsters are trying to mislead them about filing annual reports.
This scam seems to circulate every year, but it’s back again in full force, and it could end up costing businesses and nonprofits hundreds of dollars.
Here’s how it works:
Usually, you’ll get a misleading letter in the mail that may look like it’s from the state, claiming they’ll help file an annual report on your behalf for a $210 fee.
The scammers use publicly available information about the corporation or nonprofit to make the pitch sound more legitimate, but it’s actually a scam.
According to the state, the division of corporations never mails out annual report forms.
It’s only available online.
And actual cost to file is much lower: $85 for domestic businesses and $35 for nonprofits.
The Secretary of State released a statement to the CBS13 I-Team Thursday.
“Scammers are really skilled at what they do, and when you see a scam like this one persist, it unfortunately is a sign that they are having success.”
If you get an unsolicited letter like this, the best thing to do is stop and verify.
BE THE FIRST TO COMMENT
When in doubt, reach out to the state directly to make sure you know what’s actually required.
Maine
Sen. Mattie Daughtry: A preview for the upcoming legislative session
As a new legislative session begins, Mainers are asking a simple, familiar question: What comes next, and how do we not just get by but actually thrive in such tumultuous times?
After years shaped by COVID, economic whiplash and political chaos, that question feels heavier than it used to. Mainers know what they need to succeed: a safe and stable place to live, health care they can count on, and a fair shot at getting ahead without burning out or falling behind. They want to know that if they work hard and play by the rules, they can build a life that feels secure, dignified and hopeful — the ultimate American dream.
That’s the lens guiding our work this session.
Economists are warning of unprecedented uncertainty ahead. From sweeping federal budget cuts and erratic tariff policies to lingering economic impacts from shutdowns and declining tourism, Maine is already feeling the immense weight. Just like Maine families do every day, the state has to plan responsibly for what we know is affecting us and what we can’t yet predict.
Despite these challenges, Maine remains on solid footing because of choices we have made together in recent years. We have focused on investing in education, workforce development, health care and economic growth — and because of those investments, our labor market remains stable. But inflation is still squeezing household budgets, consumer confidence is low and too many families feel like they are one unexpected expense away from a financial crisis.
At its core, this session is about delivering results that Mainers deserve. That means we must protect the fundamentals they rely on and create the conditions to actually thrive, not just survive.
One of the most important is keeping people housed and healthy, even as federal support grows less reliable. Housing and health care are not luxuries; they are the foundation that allows families to work, care for loved ones and stay rooted in their communities. This session, we will work to protect manufactured housing communities, expand affordable housing options and ensure seniors, veterans and working families can stay in their homes. Last session, we fully funded MaineCare through 2027 and expanded coverage to include doula care and hearing aids. In the year ahead, as Washington pulls back — including the failure to extend Affordable Care Act subsidies — Maine will step up. We will work to strengthen emergency medical services, protect access to reproductive and behavioral health care, expand dental care, and reduce the crushing burden of medical debt. No one should have to sacrifice their home or health because of cost.
It also means being honest about what’s weighing people down right now and lowering everyday costs wherever we can. From grocery bills and utility prices to prescription drugs, too many essentials are eating away at family budgets. We shouldn’t be making life harder for people who are already stretching every dollar. This session, we’re focused on practical relief by targeting energy costs, improving access to affordable medications and easing the pressures that hit working families first.
We will also continue leveling the playing field. Too often, systems are designed to favor large corporations over everyday people. This session, we will strengthen consumer protections, crack down on predatory practices and ensure Mainers aren’t punished for getting sick or trying to stay afloat.
And even in uncertain times, we must keep our eyes on the future. Ensuring a brighter tomorrow means continued investment in child care, education, workforce development and climate resilience — because every generation deserves a fair shot at a better life than the one before it.
When federal decisions create chaos or cut vital supports, Maine will respond with reliability. We will do everything in our power to honor our commitments, protect essential services like schools and health care, and shield Maine people from the worst impacts.
The work ahead will require careful budgeting, bipartisan cooperation and a firm commitment to making progress where we can. But Maine has faced uncertainty before, and each time, we have met it by looking out for one another and doing the hard, disciplined work required.
That’s our North Star this session: protecting the basics people depend on, expanding opportunity where we can and making sure Maine is a place where people don’t just endure uncertain times — they can build something better, no matter what lies ahead.
Mattie Daughtry represents state Senate District 23, Brunswick, Chebeague Island, Freeport, Harpswell, Pownal and part of Yarmouth in the Maine Senate. She also serves as Maine’s Senate president. She can be reached at [email protected] or 207-287-1515.
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