Latest news with #KennebecCountySuperiorCourt
Yahoo
13-05-2025
- Politics
- Yahoo
Maine judge will start releasing people from jail, won't wait for ruling
May 13—A Maine judge says she will not wait for the state supreme court to rule on an appeal before she moves forward with releasing people from jail and dropping charges against those who have unconstitutionally gone too long without a lawyer. Superior Court Justice Michaela Murphy also agreed to declare that the entire state, not just its public defense agency, is at fault for these Sixth Amendment violations, as the American Civil Liberties Union has alleged in its lawsuit. "[I]t is the State's obligation to provide indigent criminal defendants with representation," Murphy wrote in an order last week. "Or as counsel for the MCPDS defendants put it very early in this litigation: it is the State of Maine that is the 'real party in interest in this matter.'" Murphy wrote that she plans to resume the process soon. No date was scheduled with the Kennebec County Superior Court, where the case is being heard, as of Tuesday morning. Murphy first ruled in January that the Maine Commission on Public Defense Services was liable for not providing continuous legal representation to hundreds of poor, criminally charged Mainers. 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 Maine crime victims said these plans will put at risk the safety of victims whose perpetrators are in jail. The Maine Coalition to End Domestic Violence said in January that "victims of crime are bearing the consequences" of the state's constitutional failures. 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 case. The state also said the habeas process can't legally be applied to felony-level charges. Murphy, however, disagreed. She said Maine technically doesn't recognize "felonies," and that the criminal code instead using a series of "classes" for sentencing. View this document on Scribd 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 defendants who are entitled to lawyers, 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. The Maine Commission on Public Defense Services also filed a court-ordered plan in April, laying out how they intend to identify unrepresented defendants and get them lawyers. "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 it doesn't comment on pending litigation. Copy the Story Link
Yahoo
13-05-2025
- Politics
- Yahoo
Maine judge won't wait for supreme court to start releasing people from jail
May 13—A Maine judge says she will not wait for the state supreme court to rule on an appeal before she moves forward with releasing people from jail and dropping charges against those who have unconstitutionally gone too long without a lawyer. 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. Copy the Story Link
Yahoo
11-04-2025
- Business
- Yahoo
Maine's high court upholds Kingfish aquaculture permit for Jonesport
Apr. 11—A controversial plan to build a $110 million aquaculture facility in Jonesport can proceed, the Maine Supreme Judicial Court ruled. The court on Thursday upheld a previous ruling by the Kennebec County Superior Court, which affirmed permits issued by the Maine Department of Environmental Protection to Kingfish Maine in 2021. The company plans to build an aquaculture facility on 93 acres of land near Chandler Bay. The project was first brought to the community in 2019, the Kingfish Company's global headquarters said in a written statement. It has faced strong opposition from environmental groups in the years since. Vincent Erenst, Kingfish's chief executive, called the decision "a win for Maine and the United States with regard to seafood production" in a written statement Friday. Opponents of the Kingfish operation have charged that wastewater from the facility could pollute the nearby Chandler Bay and trigger algae blooms toxic to wildlife. They also challenged whether Kingfish could even use the land, which is permitted for aquaculture but not commercial and industrial uses. Petitioners who brought the appeal, including the Eastern Maine Conservation Initiative and Roque Island Gardner Homestead Corporation, argued that the Board of Environmental Protection did not consider the full scope of evidence before issuing permits based on the Natural Resources Protection Act. "We disagree and affirm the judgment," the high court wrote in its decision. The project is one of several high-profile aquaculture proposals to have faced pushback from Mainers in recent years. In January, the company behind a proposed $500 million development in Belfast dropped the project, citing legal challenges, and was later ordered to pay $125,000 to the advocacy group that fought the project. But the outlook for Kingfish appeared more secure than other proposals. Even as the appeals process ticked forward, the company received an additional $4 million from the state last year and expressed confidence that it would soon break ground. Kingfish estimates that once completed the new facility will be able to produce 8,500 metric tons of yellowtail, reducing U.S. reliance on foreign imports, the company said. Kingfish has previously stated that it will bring 70 to 100 jobs to the area. Last year, Kingfish said it planned to break ground in 2025. But in his statement Friday, Erenst did not offer an update on when that would take place. He said the project's timeline had been significantly delayed by the court battles, and it's no longer clear when the facility will open. "Now, with the appeals behind us, the project timeline will be determined by current economic and financial conditions, which we are assessing at this time," Erenst said. Copy the Story Link
Yahoo
04-04-2025
- Politics
- Yahoo
State commission, lawmakers declare ‘all hands on deck' effort to address indigent defense crisis
(Photo by) Maine lawmakers and the state's public defense commission are racing to confront a growing constitutional crisis as almost 90 indigent defendants remain jailed without legal representation. With a court-ordered deadline looming, officials are backing a multi-pronged plan to recruit more attorneys and reduce the backlog of unrepresented clients. After years of Maine failing to provide timely counsel to defendants who can't afford an attorney, the Kennebec County Superior Court ruled last month that the state must create a plan by April 3 to end what it described as a constitutional crisis. It also agreed to a request from the American Civil Liberties Union of Maine to start releasing defendants who have been waiting for counsel from incarceration if the state fails to provide representation. The ACLU of Maine has argued since 2022 that the state is in violation of the Sixth Amendment, which declares the right to a speedy and public trial and legal counsel, among other provisions. With that deadline looming, the Maine Commission on Public Defense Services released its proposal Thursday, which includes immediate remedies such as better coordination with courts to keep an updated list of all defendants in need of an attorney, increased incentives for private and public attorneys to take on cases, and an appeal to district attorneys and the Maine Attorney General's office to reconsider pursuing lower-level offenses, such as charges for drug possession or violating conditions of release (which make up the vast majority of charges). As part of its long-term solutions, the commission also referenced a bill (LD 1101) passed by the Maine Legislature's Judiciary Committee this week that would add five new positions within the public defenders offices.. Zach Heiden from the ACLU said at the public hearing on the bill that while it was critical in bolstering the state's public defenders offices, it was not enough. On Monday, the Kennebec County Superior Court will start setting dates to determine if people should be released, and what the conditions of release should be (for example, an ankle monitor, limits to travel, drug testing, etc.) Individuals who have been incarcerated for more than 14 days without counsel are eligible and if the judge decides a person should be released, the state will get another seven days to find an attorney before that actually happens, so a person could technically be incarcerated for a minimum of 21 days before release, according to the ACLU. During the March 19 public hearing, Judiciary Committee co-chair Sen. Anne Carney (D-Cumberland), who introduced the emergency legislation, described the need to urgently address the indigent defense crisis in Maine as an 'all hands on deck situation.' 'I think there are two really big things at stake. One is the Sixth Amendment rights of these people who have been incarcerated, some of them for a very long time, without representation' she said. 'And the other thing at stake is really the rights of Mainers to live in a safe community. And in some instances, there are people who could be released from incarceration who would present a public safety threat.' As an emergency measure, the bill will need the support of two-thirds of the Legislature to pass and immediately take effect. In the amended version that the committee unanimously supported, it would cost the state $3,341,394 over three years — $254,860 in FY2024-25, $1,533,828 in FY2025-26 and $1,552,706 in FY2026-27. 'We have an actual crisis on our hands. And this is a very important piece of legislation that plugs a lot of those holes, maybe not perfectly …but we'll address a very important situation,' said Rep. Rachel Henderson (R- Rumford). 'This is not something that's possible without true bipartisan efforts and support.' The number of adult criminal defendants waiting for state-appointed counsel exceeded 1,000 last December. According to the public defense commission, it fell 487 as of April 2 due to a combination of public defender offices and private attorneys taking cases off the list. In response to the court's requirements, the commission is proposing a strategy to reduce the number of unrepresented defendants and improve access to indigent legal services statewide. Some short-term solutions the state proposed includes direct outreach to recruit more qualified private attorneys, expanding law student internships and externships within public defenders' offices, and developing a real-time shared system with court clerks to streamline and coordinate case assignments. To encourage attorneys to return to court rosters, the commission is proposing a five-case daily cap 'since many attorneys state as a reason for not going on rosters for the fear that they will be assigned 20, 30 or more cases in a few days,' according to the document. The commission is also proposing reinstating geographic limits to prevent attorneys from taking on cases in multiple counties and having to travel. On March 25, Jim Billings, executive director of the commission, sent a letter to all district attorneys' offices as well as the Maine Attorney General, urging them to reexamine charging decisions for lower-level offenses — such as drug possession, driving offenses, and violations of conditions of release. The letter asked prosecutors to evaluate each of their cases to ensure they can be proven beyond a reasonable doubt, and in cases where there are challenges with proof, missing witnesses, or other issues, to consider dismissing those. The letter noted that nearly 90 defendants remain jailed without legal representation. 'I do not make the suggestions in this letter lightly. No one wants us to be in this situation,' Billings wrote. 'This is a constitutional crisis, but if we work together where possible to prioritize resources and make tough decisions, we can improve the way the criminal justice system is currently functioning in Maine.' Another proposal being considered by the Legislature this session, LD 179, would help address the issue by removing from the bail code a charge if someone violates their condition of release. Maine is one of only six states that charges people with a separate crime for violating their conditions of release. In 2024 alone, there were over 5,400 such charges filed in Maine courts, according to Frayla Tarpinian, a former prosecutor who oversees Maine's first brick-and-mortar public defender office. To compare, the second most common type of charge was 662 cases of drug possession, she said. Maine's current law is an example of excessive punishment, according to Abbe Smith, a Georgetown University law professor and director of the Criminal Defense and Prisoner Advocacy Clinic. The ACLU did not comment on the commission's plan, but will respond during a Monday hearing. SUPPORT: YOU MAKE OUR WORK POSSIBLE
Yahoo
15-03-2025
- Politics
- Yahoo
Superior Court ruling brings us one step closer to justice for Maine people
(Stock photo) In a landmark ruling last Friday, the Kennebec County Superior Court decided in favor of the ACLU of Maine and our clients, ordering the state to uphold the people's Sixth Amendment right to counsel and establish a plan to end our state's ongoing crisis. The U.S. Constitution requires states to provide attorneys to people who have been charged with a crime and who cannot afford their own. In 2019, the Sixth Amendment Center reported that Maine was not meeting its constitutional obligations, and that the situation would only get worse without serious changes. As of early March of this year, nearly 500 people were facing charges but had no attorney. Of those, 111 were incarcerated, locked up at a time when they are legally innocent. We recognized that this was one of the most important constitutional issues facing Maine's people because it undermines the fundamental principle that all people are innocent until proven guilty and creates a two-tiered system of justice: one for the rich and one for the poor. Starting in 2019, we worked for three years to convince the state to fix things. That advocacy didn't lead to change, so we took the state to court. On March 1, 2022, we sued the state so people's Sixth Amendment rights would not exist not only on paper, but also in practice. Three years later, on March 7, 2025, the court ordered the state to develop a plan to guarantee legal assistance for people accused of crimes, starting from when charges are formalized through the end of the case. If the state can't develop and implement a plan, the court is going to order people released from jail and charges dismissed. This order is a serious remedy designed to address an egregious problem. It's also not a new or radical idea. More than two decades ago, Massachusetts' highest court imposed a similar remedy to address their Sixth Amendment crisis. More recently, an Oregon federal court ordered that people be released from incarceration after seven days without counsel. Over the course of this case, the ACLU of Maine and volunteer lawyers from Goodwin Procter and Preti Flaherty worked thousands of hours. We spoke to countless people who have spent weeks, months, and even years languishing in jails awaiting legal representation. We witnessed firsthand what it looks like when the state doesn't uphold the right to counsel. People have lost their jobs and homes, parents have missed their children's birthdays, and others were unable to visit a dying parent. While these members of our communities wait for their day in court, evidence gets lost, witnesses' memories fade, and their case weakens. All the while, prosecutors are bringing the full weight of the state's power against them — in the name of Maine's people — and they have no one by their side. A fair and transparent process is best for everyone: the accused, victims of crimes, and the public. Our criminal legal system is designed to get to the truth so the innocent can be free and clear their names, victims can seek justice, and the public can stay informed. But none of that can happen unless the accused have an attorney. As the court noted, 'Plaintiffs in this case have not been convicted of the crimes for which they are charged. Each of them is still presumed to be innocent under the Maine and United States Constitutions. And yet many of them remain in custody, without counsel.' No innocent person should be locked up or dragged through the legal system for months without a lawyer to guide them through the process and advocate for their rights. This ruling is a significant milestone in the fight for Sixth Amendment rights in Maine, but there's a long way to go. Just as criminal charges are brought by the State of Maine, an enduring solution will require a comprehensive state response from all branches of government. To start, the Maine Commission on Public Defense Services will file a written plan on April 3, outlining how they intend to provide attorneys to people who cannot afford their own and end this crisis. If people are still denied counsel, courts will begin the process of releasing people from jail and dismissing their charges. (Charges could be brought again once the state can provide an attorney.) This is a situation that should be intolerable to everyone in Maine, and we fervently hope the court's decision brings us closer to a solution. SUPPORT: YOU MAKE OUR WORK POSSIBLE
