Maine judge won't wait for supreme court to start releasing people from jail
In doing so, Superior Court Justice Michaela Murphy said the state would have one more week to find jailed defendants a lawyer before they get released.
Murphy wrote in her order this month that she plans to resume the process soon, but no date was scheduled with the Kennebec County Superior Court, where the case is being heard, as of Tuesday morning.
Murphy ruled in January that the state's public defense agency is violating the Sixth Amendment by not providing Mainers with criminal charges with continuous legal representation.
She announced in March that she intended to start holding a series of hearings in April to identify and release anyone who has waited more than two weeks without a lawyer. She also planned to dismiss charges against defendants who had waited more than 60 days for a lawyer. Once released, they would still be on strict bail conditions. Any charges dropped could be filed again once a lawyer is available, Murphy said.
Advocates for domestic violence survivors and other crime victims have shared their concerns with this latest development, saying it puts many at risk. A lawyer for the state urged Murphy to wait for the Maine Supreme Judicial Court's opinion on more procedural grounds, arguing that Murphy was using the wrong legal procedure for this kind of a case.
Murphy's hearings will follow the "writ of habeas corpus" process. Habeas cases are typically filed on behalf of individual defendants who say they're being jailed illegally — in this case, the law's application would be unprecedented because it will potentially provide habeas relief to a large, yet-to-be-determined number of people, all at once.
"Where a writ has been granted, the purpose of habeas corpus — to swiftly secure the liberty of a person wrongfully detained — would be defeated if the delays resulting from an appeal could pause the discharge of a wrongfully detained person," Murphy wrote in her most recent order.
The ruling results from a lawsuit the American Civil Liberties Union of Maine first filed against the state's indigent defense system in 2022, which has been amended several times to account for a growing crisis of people who are entitled to a lawyer but don't have them. An emergency law recently took effect, allowing the state to hire more public defenders and judges to appoint more private attorneys to cases that need them.
"This order shows the court recognizes the urgency of this crisis because no person should be incarcerated or dragged through months of criminal legal proceedings without an attorney," said ACLU of Maine Legal Director Carol Garvan in a statement. "The court's decision underscores the importance of habeas corpus protections, which entitle people to a speedy process to challenge unlawful restraints on their liberty. Any time the state chooses to restrict a person's freedom, it is the state's responsibility to ensure a fair and speedy process. That constitutional requirement cannot be indefinitely put on hold because the state has filed an appeal."
A spokesperson for the Office of the Maine Attorney General, which is representing the state and the Maine Commission on Public Defense Services, said they don't comment on pending litigation.
This story will be updated.
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Or is New Jersey not really a front in his purported War on Crime but just another battleground in his war on institutional power? Charlie Stile is a veteran New Jersey political columnist. This column originally appeared on
