Read all our stories from the Maine Legislature here. You can stay up-to-date with our political coverage by signing up for the Maine Political Report newsletter or text messages from editor Kirby Wilson.
Maine
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.
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.
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.
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.
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.
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.
“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).”
Maine
Maine Republican candidates are upset about their own party’s online poll
Politics
Our political journalists are based in the Maine State House and have deep source networks across the partisan spectrum in communities all over the state. Their coverage aims to cut through major debates and probe how officials make decisions. Read more Politics coverage here.
A Maine Republican Party online survey on the gubernatorial primary has sparked frustration and exposed divisions among the crowded field just a week before the party aims to project unity at its convention in Augusta.
Multiple campaigns told the Bangor Daily News they were not aware of the poll in advance or had not received the survey in an email sent out widely by the party last week. The campaigns said the survey’s timing and the fact that not every candidate had the chance to work the poll and vote for themselves sent the wrong message.
Former fitness executive Ben Midgley won the straw poll, which the party noted was not scientific. His campaign cited the nearly 32% support as a sign of rising momentum in a race that’s been led so far by lobbyist and former federal official Bobby Charles. Charles came in second at almost 30%, and entrepreneur Jonathan Bush came in third at 13%.
Charles has led previous polls without spending nearly as much on advertising as Bush or groups backing lobbyist and former Maine Senate Majority Leader Garrett Mason. Midgley was among a large group of candidates stuck in the single digits in a survey released in March by Pan Atlantic Research.
Staffers at two campaigns said there was briefly talk of boycotting the convention after the poll. Delegates are poised to gather over Friday and Saturday at Augusta Civic Center, where the party says another straw poll is planned.
Mason said he did not see the survey in his email but acknowledged it may have been received by his team without it getting up the chain.
“It probably wasn’t the wisest thing to do for party unity,” Mason said. “It’s not the best look.”
Vincent Harris, a Charles spokesperson, said the campaign “did not push or promote this straw poll to a single person.” He said the campaign was unaware of the survey until Midgley’s release.
“As Republicans, we believe voter integrity is important and yet there was no clarity here,” he added.
Entrepreneur Owen McCarthy’s campaign was also not aware of the online stroll poll until after results were released. A spokesman for the campaign called it “unfortunate that with the convention right around the corner, the whole process has been tainted by the perception that party insiders are trying to foist their preferred candidate onto grassroots primary voters.”
Jason Savage, executive director of the Maine GOP, said the party believed all the candidates had received the poll, but “we take everybody at their word that says they didn’t receive it.”
He and a spokesperson for the Bush campaign also separately noted that the straw poll was discussed during a pre-convention Zoom meeting, and he said it went to the party’s entire email list. The poll went to at least two BDN email addresses.
Savage emphasized that the convention poll would be “one person, one vote” per delegate.
“Everything in a few days is going to be about the convention,” he said. “Everybody is invited to compete and do their best and see how they can do.”
Maine
Maine’s legislative session has ended. Here’s what happened.
Maine
A Maine school hosted an anti-bullying dance team. Libs of TikTok called it ‘grooming’
More than 200 Fort Fairfield Middle High School students, staff and administrators filed into the school’s gym on April 8 for an anti-bullying assembly.
On stage, surrounded by neon tube lights, was the Icon Dance Team, a New York-based troupe that travels to schools around the U.S. dancing and singing to radio hits interspersed with messages about self-respect and standing up for others.
Parents were notified of the performance in advance, MSAD 20 Superintendent Melanie Blais said. No one contacted the district afterward to complain.
But six days later, on April 14, the conservative influencer Libs of TikTok blasted a series of posts about the performance — and its lead dancer — to its millions of social media followers and accused the district of “openly grooming” its students.
“This is what schools are pushing on your children using our tax dollars,” one caption reads. “SHUT THEM DOWN.”
Commenters tagged the U.S. Department of Justice and called Maine a “demonic” state. Some encouraged violence against one of the dancers.
District officials insist the performance focused only on encouraging positive self-esteem and counteracting bullying. And despite the recent furor on social media, they say local people have shared no concerns.
“The content of the program included messages about standing up for oneself and others, reporting bullying to trusted adults, encouraging students to set goals and to include peers who may be left out,” Blais said.
The issue concerned the group’s frontman, James Linehan, who is also a musician with the stage name J-Line. In his music career, Linehan bills himself as “your favorite gay pop star” and is currently on a tour called the “Dirty Pop Party,” where he performs alongside other LGBTQ artists.
Libs of TikTok, run by Chaya Raichik, a former Brooklyn real estate agent turned social media provocateur, pulled photos from Linehan’s music website, in which he is shirtless, and targeted his sexuality to argue that he was pushing sexually charged content on children.
The Icon Dance Team, which also goes by the names Echo Dance Team and Vital Dance Team, is a separate entity. The group, active since at least 2011, features Linehan and two backup dancers and has performed at more than 2,000 schools, according to its website.
Performances consist of 30 minutes of choreographed dancing and singing to songs about self-acceptance, followed by Linehan recounting how he was bullied in grade school and his journey to finding his life passions and respecting himself.
School officials reviewed the group’s website before scheduling the performance and found it aligned with the district’s anti-bullying goals, Blais said.
“The group was chosen based on strong recommendations from several other school districts where similar performances had been presented in the past,” Blais said. “Those districts described the assemblies as positive and energetic and praised their messages about self-esteem and anti-bullying.”
Hours of the group’s school performances posted by other districts online and reviewed by the Bangor Daily News do not include suggestive dancing and Linehan does not mention his sexuality.
This is not the first time the dance team has faced criticism, nor the first time Libs of TikTok has taken aim at Maine.
In the past year, the account amplified a school board debate over the harassment of transgender students in North Berwick and the election of a Bangor city councilor with a criminal record. The account was among the right-wing influencers that successfully campaigned to doom a 2024 bill before the Maine legislature that surrounded gender-affirming care.
Icon’s performances at schools in Utah, Ohio, Texas and Tennessee have come under scrutiny from parents who referred to Linehan’s music career and posts on his social media accounts.
A district in Missouri canceled two assemblies in 2023 after receiving complaints. Some of the criticism is linked to allegations that Linehan encouraged students at some performances to follow his Instagram, which is tied to his music career. Parents alleged it contained “inappropriate” content.
That Instagram page is now private. Blais said they raised the issue with the group ahead of the performance.
“That was not a part of the performance in any way and we clarified this with the company prior to their visit to our school,” she said.
Linehan did not respond to a request for comment.
Libs of TikTok has almost 7 million followers between X, Facebook, Instagram and Truth Social, the platform founded by President Donald Trump.
Raichik, the account’s creator, has mingled with Trump and other right-wing politicians and activists at the White House and Mar-a-Lago, the president’s Florida residence. Her posts, which can receive hundreds of thousands to millions of views, have helped shape anti-LGBTQ discourse in conservative circles and have been promoted by the likes of podcaster Joe Rogan and Fox News.
The Southern Poverty Law Center labels Raichik as an extremist.
But despite the assembly generating national outrage last week, in Fort Fairfield, the community appears unshaken.
“We’ve not received a single call or email from local community members that I am aware of,” Blais said. “We initially received a handful of calls from individuals who were clearly not affiliated with the school district in any way, but they were not interested in hearing what actually took place.”
-
San Diego, CA3 minutes agoJoseph Allen Oviatt – San Diego Union-Tribune
-
Milwaukee, WI9 minutes agoMilwaukee Brewers overpower Detroit Tigers to win 12-4
-
Atlanta, GA15 minutes agoWhat this food hall could mean for a south Atlanta neighborhood
-
Minneapolis, MN20 minutes agoEllison, Minneapolis, St. Paul update lawsuit against Operation Metro Surge with new data
-
Indianapolis, IN27 minutes ago
Indianapolis, Carmel area fails air pollution measures in new report
-
Pittsburg, PA33 minutes agoCallie DiSabato: Unregulated short-term rentals hurt Pittsburgh
-
Augusta, GA39 minutes ago
Attention, shoppers: Augusta-area Walmarts to be remodeled in 2026
-
Washington, D.C45 minutes ago11 hurt after work vehicle collides with Silver Line train at Metro Center