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Trial over Maine’s indigent defense crisis set to begin in December

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Trial over Maine’s indigent defense crisis set to begin in December


A judge has scheduled a two-week trial in December to address Maine’s indigent defense crisis, nearly three years after a civil rights organization first filed a lawsuit over the issue.

The American Civil Liberties Union of Maine is suing the state, alleging that it is violating the constitutional rights of criminal defendants who can’t afford legal counsel, who are entitled to a lawyer at the state’s expense.

At least 800 people accused of crimes were waiting for a court-appointed lawyer, according to an ACLU analysis of court data on Monday. A quarter of those people were in jail. Roughly 670 had been waiting more than 10 days for a lawyer, according to the ACLU, and more than 450 had been waiting more than a month.

That’s because the state does not have enough attorneys, mostly private lawyers, taking on court-appointed work.

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At trial, the ACLU will ask the court to declare that Maine is violating both state and federal law by not providing enough lawyers to the people it charges.

Carol Garvan, the legal director at ACLU of Maine, talks with Zachary Heiden, the chief counsel at the ACLU of Maine, during a hearing with Superior Justice Michaela Murphy in Kennebec County Superior Court in September 2023. Brianna Soukup/Staff Photographe

“We will be arguing that when people are waiting for weeks, sometimes even for months, to get an attorney, then important evidence is lost in their cases,” said the ACLU’s legal director, Carol Garvan. “Their cases can’t be investigated. Important witnesses’ memories fade, cases cannot move forward. Those kinds of delays undermine the basic constitutional right to a fair trial, which is what the right to counsel is all about.”

A spokesperson for the Office of the Maine Attorney General, which is representing the state defendants, including the Maine Commission on Public Defense Services, said their attorneys do not comment on pending litigation.

The parties have until Oct. 4 to decide whether any of the trial will involve a jury. And they have until Nov. 15 to finalize witness lists. Garvan said they were unable to share a tentative list Friday, but it’s likely their case will involve experts and people who have been affected by the crisis.

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She mentioned firsthand accounts of people who have lost their jobs and housing while waiting in jail; one person missed their child’s birthday and wasn’t even able to call.

“They’re sitting there, knowing that the whole weight of the prosecution, of the state, is being brought against them,” Garvan said. “And they have no one on their side. … They don’t know what their rights are, they don’t know who to call to understand what is even happening in their case, and they don’t know how long this is going to last, because it could be a few days or it could be months before they get counsel.”

YEARS IN THE MAKING

The ACLU of Maine filed its lawsuit over Maine’s indigent defense system in March 2022.

At the time, the ACLU’s chief concerns were the quality of legal representation provided to defendants – they alleged private lawyers, overseen by the commission, weren’t communicating with their clients or spending enough time on their cases.

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But then in November 2023, Maine’s courts acknowledged some defendants weren’t getting any legal representation at all. The number of lawyers available to accept new criminal cases in various counties has plummeted, leaving hundreds of constitutionally entitled defendants in limbo.

Superior Court Justice Michaela Murphy presides during a hearing at Kennebec County Superior Court in September 2023. Brianna Soukup/Staff Photographe

After the parties attempted to settle their original lawsuit several times, Superior Justice Michaela Murphy ordered the ACLU and the commission to go to trial and raise a case that addresses the state’s current reality. That meant convincing Murphy to also let them sue the state of Maine and Attorney General Aaron Frey, whose office oversees prosecutions of homicides and works with district attorneys.

Murphy will order a second trial, to address the quality of indigent representation, at a later time.

The ACLU was granted class action status, meaning they represent the interests of all criminal defendants who are entitled to a lawyer.

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On Thursday, Murphy agreed the class includes anyone who is eligible for a court-appointed lawyer, but who is still unrepresented after their first appearance or arraignment. That includes people facing felony charges and misdemeanors.

A ‘WHOLE STATE’ APPROACH

Even if the court were to agree that the state is violating constitutional rights, it’s still unclear what any relief would look like.

“Ultimately the purposes of this lawsuit is to hold the state accountable,” said Garvan. “That means there’s going to need to be a sort of ‘whole state’ approach.”

One potential remedy, said Garvan, is to release people who don’t have counsel from jail or dismiss their charges without prejudice.

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Last year, a Maine Supreme Judicial Court justice rejected a request from a pair of lawyers who do indigent defense work to create a statewide process in which unrepresented defendants are released from jail after seven days. A similar rule is in place in Oregon.

Some Maine judges have lowered bail for unrepresented defendants and one has ordered a charge be dismissed, but this varies from case to case and county to county.

Prosecutors and victim advocates have voiced concerns around this practice and questioned what the commission and the courts are doing to prioritize appointing counsel in cases where serious violence is being alleged.

Many have welcomed the opening of public defense offices around the state as movement in the right direction. In Kennebec County, where the first brick-and-mortar office is in full swing, only seven defendants were in need of a lawyer on Wednesday, according to data compiled by the courts.

But a majority of cases are still being handled by private attorneys.

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“It is both not going to fix things immediately and it is not a silver bullet,” said Garvan. “I don’t think there’s anyone who thinks that will automatically fix everything, but I think that’s been one positive (change).”



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Supporters of a Maine voter ID law hand in signatures to force referendum

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Supporters of a Maine voter ID law hand in signatures to force referendum


AUGUSTA — Organizers of an effort to require Maine voters to show photo identification before filling out their ballots have turned in petitions to send the measure to a citizens’ referendum this fall.

The group behind the effort submitted the petitions Monday and said they contain more than 170,000 signatures, far more than required to force a statewide vote. The Secretary of State’s Office must now review and formally certify the petitions.

Among other things, the proposal would require people to present a photo ID at the polls or when requesting an absentee ballot, unless they have a religious exemption to being photographed.

Voters without a photo ID could cast a provisional ballot, which would be counted if they produce a photo ID within four days of the election. It would also require the secretary of state to provide free state nondriver IDs to people who need them.

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Enacting a statewide voter ID requirement has been proposed repeatedly by Republicans in the Maine Legislature in recent years, but has been blocked by Democrats, who have criticized the costs of such a program and warned that the new requirement would create long lines at the polls and effectively discourage voting.

In order for citizen initiatives to get on the ballot, supporters must submit a required number of signatures from registered Maine voters to the secretary of state. That number is equal to 10% of the number of votes cast in the last gubernatorial election, or 67,682 based on the results of the 2022 gubernatorial election.

This story will be updated.



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Maine electricity bills increased again this month

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Maine electricity bills increased again this month


Central Maine Power Co. customers began paying 7% more in their monthly bills Jan. 1 to help fund $3.3 billion of upgrades to transmission lines, poles and other equipment in New England. Versant Power ratepayers can also expect increases, though smaller, later this year.

Federal regulators are apportioning about $280 million of the region’s costs to Maine’s two major utilities, with the remainder assigned to utilities in Connecticut, Massachusetts, New Hampshire, Rhode Island and Vermont. The costs are divided based on load, or how much electricity each service area uses.

Consumer advocates in the region have criticized the practice of assigning transmission costs to ratepayers, saying upgrades proposed by utilities are often unnecessary, insufficiently regulated and enhance the value of assets for shareholders at the expense of customers.

“The ratepayers are the only wallets in the room,” said Donald M. Kreis, New Hampshire’s consumer advocate who says poles, wires and other components of transmission are overbuilt.

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As an example, one energy company proposed rebuilding a 49-mile transmission line in New Hampshire for $384 million, when less than 8% of it needed to be replaced, according to consumer advocates.

Versant said transmission rates are set by the Federal Energy Regulatory Commission “using a preset formula and cover needed investments” in local transmission and regional investments.

“Most of the transmission rate increase is due to Versant paying our share to support regional transmission projects as part of our ISO-New England membership,” it said in an emailed statement.

CMP spokesman Jon Breed said ratepayer-funded spending authorized by FERC “will help reduce outages and protect our system from the threats of extreme weather in Maine.” New England’s transmission is a nearly 9,000-mile system, he said.

How the money in its entirety will eventually be spent is unclear. Eversource Energy, the parent company of utilities in Connecticut, Massachusetts and New Hampshire, has plans for numerous projects, such as a partial line rebuild and other work totaling nearly $80 million in Connecticut, and a $7.4 million rebuild of a substation in Massachusetts.

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“We’re responsible for maintaining just under half of the regional transmission system in New England and are constantly working to upgrade and modernize the transmission system, making the electric grid more resilient to increasing extreme weather caused by climate change and improving reliability for customers across New England,” Eversource spokeswoman Jamie Ratliff said in an email.

A representative of National Grid, parent company of New England Power Co., which said its revenue requirement is $485.4 million this year, did not respond to an emailed request for information about its projects.

CMP customers who use an average of 550 kilowatt-hours of electricity a month are paying $149.83, up from $139.62 in 2024, according to the Maine Office of the Public Advocate. Versant customers in the Bangor Hydro District who use the same amount of power pay $155.80, up from $148.09, a 5.2% increase, the utility said. Customers in Versant’s Maine Public District in the northern reaches of the state pay $146.37, an increase from $144.35.

Utilities in New England say “revenue requirements” of $3.3 billion are needed for 2025, up more than 16% from last year, according to the New England Power Pool, or NEPOOL, an advisory group of utilities, consumer advocates, consumers and others.  

Together, CMP and Versant account for 8.4% of the revenue needed in the region for the transmission upgrades, as identified by the utilities. In contrast, subsidiaries of Eversource Energy account for nearly 59%, or about $1.9 billion.

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Increased rates for consumers are not due solely to transmission costs. Utilities also are collecting more than $254 million, including interest, to compensate for previous under-collecting of revenue based on the difference between cost forecasts and actual costs last year.

Ratiliff said the rate change is “largely the result” of utilities recovering less of their 2023 transmission costs.

Still, the largest driver of higher rates that took effect Wednesday is significant construction by utilities and replacing older transmission equipment, Landry said.

“They figured out they can build stuff and send the bills and everyone has to pay them,” he said.

The transmission costs will overwhelm a slight decline in electricity bills approved by Maine regulators in November. A lower 2025 standard offer rate — the default supply price for most home and small-business customers who don’t buy electricity with competitive energy providers – reflects stable natural gas prices, the main driver of power generation in New England.

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Seth Berry, a former state legislator who chaired the Legislature’s Energy, Utilities and Technology Committee and is critical of the performance of investor-owned utilities, said scrutiny by state regulators could uncover weaknesses in the argument for transmission upgrades and force utilities to scale back their plans.

The lure of profitability is difficult for utilities to resist and the result, he said, is “a race to a very expensive and overbuilt transmission network.”

Utilities should instead focus on repairing and upgrading “very creaky” distribution systems, he said. The networks of roadside power lines is most vulnerable to storms and potential damage that knocks out power.



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Pistons to sign Maine Celtics forward to two-way deal (report)

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Pistons to sign Maine Celtics forward to two-way deal (report)


The Pistons have plucked some depth away from the Maine Celtics, agreeing to a two-way deal with Rob Harper Jr. according to a report from ESPN’s Tim Bontemps.

Harper Jr. played for the Celtics in the Summer League and signed an Exhibit 10 deal with the team before being waived at the end of training camp. He earned a bonus after suiting up for the Maine Celtics where he had been a standout in recent weeks. Harper Jr. played the entirely of the G-League Showcase Cup with Maine and had put together a terrific stretch in recent days up North.

Over the past four regular season games, he was averaging 22 points per game off the bench while shooting 42.5 percent from 3-point range, playing alongside JD Davison, Baylor Scheierman, Drew Peterson and Anton Watson in Maine.

The 24-year-old wing went undrafted out of Rutgers in 2022 but played the first two years of his career with the Raptors. He was waived by Toronto after suffering a season-ending injury last December before catching on with the Celtics this summer when he was recovered.

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The 6-foot-4 wing still has two years left of two-way eligibility, making him an appealing prospect to Detroit likely after they lost a key guard in Jaden Ivey last week to a season-ending knee injury. The Pistons will need to release one of their two-way players in order to make room to sign Harper Jr. officially.

The Celtics filled all of their own three two-way spots with Davison, Peterson and Watson, so the team had no way of retaining Harper Jr. without offering him a spot on the 15-man roster.

  • BETTING: Check out our MA sports betting guide, where you can learn basic terminology, definitions and how to read odds for those interested in learning how to bet in Massachusetts.



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