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
You drew a Maine moose permit. Here’s what to do right now.
For many hunters, drawing a Maine moose permit is a once-in-a-lifetime opportunity. After years — and sometimes decades — of applying, the excitement of seeing your name among the winners quickly turns into a new challenge: planning for the hunt.
Whether you’re going on your first moose hunt or preparing for another trip into the Maine woods, there are several important steps permit winners should take as soon as possible.
Hire a registered Maine guide
Many permit winners hire a registered Maine guide to help locate a moose, scout hunting areas and navigate unfamiliar country. You’re paying for their knowledge, experience and time spent scouting before the season ends. Even if you’re a Maine resident, hiring a guide should be a consideration. Most hunters don’t have the time to make multiple scouting trips, and trail cameras aren’t always an option because cell service is limited or nonexistent in many hunting areas.
If you’re considering hiring a guide, don’t wait too long. Available openings often fill up the night of the lottery.
Book lodging for your moose hunt
Sporting camps, cabins, campgrounds and hotels near popular moose hunting areas will also fill up quickly. If your hunt will take place hours from home, securing lodging should definitely be one of your first priorities. Waiting until summer will leave you with fewer options and a longer commute to your hunting area.
Find a meat processor
The state maintains an official list of moose meat processors. The last thing you want to be doing is calling around on a warm September day trying to find a butcher willing to take your moose. Processors can only handle so many animals each season, and much like guides and lodging, many fill their schedules quickly. Calling ahead and having a plan in place can save a lot of stress after a successful hunt.
Line up your hunting partners and helpers
If you’re not hunting with a guide, it’s helpful to know who will be accompanying you. Aside from sharing the experience, friends and family can help scout, call, spot animals, film the hunt and retrieve a harvested moose.
How will you retrieve the moose?
Depending on where the animal is harvested, you may need an ATV, side-by-side, trailer, winch, ropes or other equipment to retrieve it. Keep in mind that ATVs and side-by-sides are prohibited in the North Maine Woods, so you may need to quarter and pack the moose out instead. In that case, game bags, packs, knives and saws will be essential, while items such as a jet sled or game cart may help make the job easier.
Gather your moose hunting gear
In addition to your weapon, consider what you’ll need for the hunt itself. Tarps, coolers, headlamps, GPS units, an inReach, radios, rain gear and extra fuel can all make a hunt more comfortable and efficient.
If you’re planning on getting away from the roads, you may need or want a wall tent. You’ll also need cots or other sleeping gear, a heating source, water, cooking gear and emergency supplies. A spare tire, jumper cables, chainsaw and basic tools can also be invaluable when traveling remote logging roads.
Prepare for meat care and transportation
Make plans to have coolers, ice, transportation and storage well before opening day.
Sight in your rifle or practice with your bow
Don’t be the hunter who misses because their scope was 8 inches off, got bumped during travel or hasn’t been checked since last season. Confirm your rifle is properly sighted in before the hunt, and shoot again after arriving in camp. Stock up on ammo and spend time practicing from realistic field positions.
Don’t overlook shooting sticks, either. Many hunters regret leaving them behind. Shot opportunities are often farther than expected, and a stable rest can make all the difference when anticipation and excitement start to take over.
The same applies if you choose to bring a bow. Reps, shooting from different positions and accurately judging distance can all improve your chance of success.
Scout your zone
If you don’t hire a guide, make sure you’re familiar with your hunting area. Not only will you likely run into other hunters during the week, you may arrive at your preferred spot only to find another truck already parked there. Having backup options is key.
Conditions also vary dramatically from year to year, so what worked for hunters last season may not work this fall.
Depending on the weather, moose may be farther away from roads, requiring hunters to do more walking. Last September’s hunt saw lower success rates in every wildlife management district compared to 2024.
Moose biologist Lee Kantar noted that drought conditions and slightly earlier September dates can lead to changes in moose behavior. Drought and warm weather likely affect moose movement, feeding patterns and activity levels, resulting in moose staying closer to areas with moisture and green vegetation.
“If bulls are not widely searching for cows, if bulls and cows are bedding or ruminating more in dark growth during the day, and if hunters do not adjust and ‘go in after them’, then success will drop,” Kantar said
The same challenges can affect October hunts.
Study maps, use onX, review aerial imagery and learn access roads before the season begins. Many logging roads shown on maps are no longer passable or have been blocked off.
Prepare physically for the hunt
Even hunters who plan to hunt from roads may end up walking several miles in a day.
Just getting into a producing moose area can require long walks down logging roads, skid trails or old cuts. Moose hunting can be physically demanding, with long days outdoors, rough terrain, bugs and heavy lifting. Spending a few months improving your fitness can make the experience more enjoyable.
Create a checklist
Make a list of everything you’ll need including licenses, permits, firearms, ammo, retrieval equipment, coolers, camping gear, food, water and emergency supplies. The more organized you are, the smoother the hunt is likely to be.
Maine
Two charged with assault after boater dies overboard in Hurricane Sound
VINALHAVEN, Maine (WGME) — Two boaters are charged and a third is dead after he went overboard in Downeast Maine.
Just before 5 Thursday, Maine Marine Patrol says a boater fell overboard in “Hurricane Sound” near Vinalhaven.
He’s identified as 57-year-old Marshal Ames.
Marine Patrol says before they arrived, a good Samaritan from Hurricane Island was able to reach Ames and began CPR, but he was pronounced dead by first responders.
Officers say when the other crewmembers arrived on shore, they got into a fight with them.
The crew members, 39-year-old Geoffrey Barrett and 27-year-old Theodore Lane, are facing charges including assault.
The Maine State Police major crimes unit is now part of the investigation.
Maine
Local control is holding education back in Maine | Opinion
Scott A. Harrison, Ed.D., M.B.A., is a senior advisor at The Harrison Group, a consultancy based in Yarmouth.
Maine has long valued local control in education. That tradition reflects an important belief that communities should have a strong voice in shaping their schools. But local control should not prevent us from asking a harder question: Are there core functions that could be delivered more effectively through a single statewide framework?
One of the most important is educator evaluation and professional growth. Maine law already recognizes the importance of this work. Under Title 20-A, Chapter 508 (Educator Effectiveness), districts must implement performance evaluation and professional
growth systems that evaluate educators, assign effectiveness ratings and support
professional growth.
The law further requires superintendents to use those ratings to inform key human capital decisions, including recruitment, hiring, induction, mentoring, professional development, compensation, assignment and dismissal. In short, educator evaluation is not intended to be a compliance exercise. It is intended to be a primary lever for the continual improvement of teaching and learning.
In 2012, LD 1858 sought to advance that vision by giving districts broad flexibility to design their own systems. Districts could choose instructional frameworks, establish measures of effectiveness and determine how evaluators would be trained and calibrated. The goal was to balance local autonomy with professional accountability.
More than a decade later, however, the evidence suggests that flexibility alone has not produced consistent results.
My research involving 130 educators across four Maine school districts found only modest perceptions of performance evaluation and professional growth systems’ effectiveness.
On a four-point scale, average ratings ranged from 2.48 to 2.99. While educators generally agreed that districts provide individualized growth plans and can differentiate levels of instructional effectiveness, they rated several critical implementation areas notably lower, including instructional coaching, evaluator training, feedback quality, evaluator calibration and the use of evaluation data to inform professional learning and personnel decisions.
Although the sample was relatively small, the findings closely mirror what I have observed while working with predominantly rural Maine districts over the past decade.
The qualitative findings were equally revealing. Teachers and administrators described systems that are often cumbersome, inconsistently implemented and difficult to sustain. Educators reported spending significant time developing goals and documenting evidence, while administrators acknowledged that competing priorities frequently reduce evaluation to a compliance exercise rather than a meaningful opportunity for growth.
Participants cited insufficient training, inconsistent expectations, limited coaching support and weak connections between evaluation results and professional learning. Perhaps most significant, though not surprising given the realities of today’s schools, the primary obstacle appears to be not commitment, but capacity — the time, expertise and tools required to implement these complex systems with fidelity.
Designing and sustaining high-quality evaluation systems requires expertise in instructional leadership, observation and feedback, adult learning, professional development, data use and evaluator calibration. While some districts have built this capacity, many — particularly smaller and rural systems — have not. Even where expertise exists, time remains a major barrier.
Effective evaluation depends on regular observation, coaching, feedback and calibration. Yet for principals balancing instructional leadership with the daily demands of running a school, carrying out these responsibilities consistently can be extraordinarily difficult.
As a result, Maine has effectively asked more than 250 districts to independently build and maintain highly complex educator effectiveness systems. The outcome is predictable: uneven quality and implementation, and variable impact on teaching and learning.
This raises an important policy question: Should every district continue to design, train, calibrate and maintain its own evaluation system, or would educators and students be better served by a common statewide framework supported by regional and state expertise?
A statewide approach would not eliminate local control. Districts would continue to make decisions about hiring, staffing, curriculum, budgeting and school improvement priorities. Instead, the state would provide shared infrastructure: a common instructional and evaluation framework, validated tools, evaluator training, calibration supports, professional learning resources and implementation assistance.
The benefits extend beyond evaluation. A common framework would create stronger alignment across Maine’s educator pipeline. Colleges and universities could align coursework, clinical experiences and assessments to the exact same standards used in schools while sharing responsibility for educator success beyond initial placement.
Preparation programs, districts and the state would become partners in a continuous system of educator development, creating mutual accountability for results and a stronger return on Maine’s investment in teacher preparation.
Such alignment matters. As systems thinker Peter Senge observed, people working within the same system tend to produce similar results. If we want more consistent outcomes for students, we must pay closer attention to the systems shaping educator practice.
A statewide approach would not eliminate local control. Districts would continue to make decisions about hiring, staffing, curriculum, budgeting and school improvement priorities.
A common framework would establish a shared language and clearer expectations throughout the career continuum. It would also make continuous improvement easier. Rather than asking hundreds of districts to independently revise complex systems, the state could evaluate implementation, refine practices, share lessons learned and respond to emerging research. Educators have experienced too many short-lived initiatives that consume considerable time and effort before fading away.
A coherent statewide system would provide greater stability and more meaningful long-term improvement. The question is not whether local control matters. It does. The question is whether every district should be expected to independently build and sustain complex systems that require specialized expertise, significant resources and ongoing refinement.
If Maine is serious about improving outcomes for students, it should rethink which functions are best managed locally and which are better supported through statewide infrastructure. Educator effectiveness is one example. There are likely others.
In a previous op-ed here, I argued that Maine should reconsider whether teacher compensation is best negotiated district by district. The same question applies here. When critical human capital systems are essential to student success, a coherent statewide framework may be better positioned to advance equity, efficiency and effectiveness while preserving local decision-making where it matters most.
The goal is not less local control, but a smarter balance between local autonomy and statewide support — one that strengthens schools and improves outcomes for every student, regardless of geography.
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