Latest news with #MaineCommissiononPublicDefenseServices
Yahoo
02-05-2025
- Politics
- Yahoo
Maine public defense commission wants to improve confidentiality in jail communications
The main courtroom of the old Kennebec County Courthouse, now part of the Capital Judicial Center in Augusta. (Jim Neuger/ Maine Morning Star) The Maine Commission on Public Defense Services is asking the Legislature to consider a proposal to improve confidentiality between attorneys and incarcerated people communicating in jails. LD 1825, would prohibit a jail or third-party contractor who provides communication services from intercepting communication between a person who is incarcerated and an attorney or an employee of a law office. It would also bar them from charging a fee for those communications. Current law requires the commission to send a list of names and contact information for attorneys who provide legal services to incarcerated people to all sheriff's offices on a weekly basis. The legislation would also require each jail to send electronic communications to each attorney on that list certifying that communications will not be intercepted or come with a fee. While the Department of Corrections already provides a certain amount of free phone calls to people being held in jails, officials opposed this bill, saying that allowing more would be cost prohibitive. Deputy Commissioner Anthony Cantillo also raised concerns about the electronic communication stipulation and whether jails would be able to keep track of who is an employee at a law office since only attorneys are included on that weekly list. Maine is in the midst of what some have described a 'constitutional crisis' regarding the state's ability to provide timely counsel to defendants who can't afford an attorney. The American Civil Liberties Union 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. Earlier this year, the Kennebec County Superior Court agreed to start releasing defendants who have been waiting for counsel from incarceration if the state fails to provide representation. In response, the commission put forth a proposal with short- and long-term solutions to address the issue. LD 1825 was one of four bills the commission brought to the Legislature's Judiciary Committee born out of an annual report that was submitted to the committee earlier this year. Because of this, they were not sponsored by individual legislators as usual. These proposals come after the Legislature passed a bill last month to bolster the state's strained public defense system by creating new staff positions and increasing funding for private counsel representing defendants who can't afford their own attorneys. It subsequently became law without Gov. Janet Mills endorsing it with her signature. The commission also saw push back from the judicial branch on another proposal, LD 1796. That bill seeks to clarify that the courts — and not the commission — are responsible for providing and paying for counsel to a juvenile who files a petition for emancipation and those who are entitled to publicly funded counsel in probate cases. It similarly seeks to clarify that courts are responsible for providing the services of a guardian ad litem appointed at public expense. Julie Finn, a representative for the judicial branch, said the proposed changes would transfer responsibilities onto the courts that are already underresourced. If the judicial branch is asked to take on those responsibilities and payments, Finn said additional dollars would need to follow. She gave a rough cost estimate of $350,000 to $400,000. Carney asked Finn and the public defense commission's Executive Director Jim Billings to ponder creative solutions to address the disagreement over who should have that responsibility because she thinks 'the money, ultimately, will be a wash.' Billings said he doesn't have strong feelings on whether this falls on the commission or the judicial branch, but he wants to avoid future scenarios where the commission is paying for attorneys on both sides of a guardianship case. Another bill sought to clarify when a criminal defendant is entitled to counsel at state expense. Billings said the commission is asking the committee to consider LD 1802 because of previous situations that felt incongruent with due process and fairness. Currently, prosecutors indicate if they will be seeking jail time in cases where that would be possible. If they indicate they won't be seeking jail time, that person does not have a right to indigent defense services. However, Billings said there are scenarios where a defendant has already spent a night in jail but the prosecutor isn't planning to pursue further jail time, so they aren't deemed eligible. LD 1802 would change the policy so that person would be entitled to counsel. Billings said other states actually use a simpler system that entitles a person to counsel if the crime they are charged with authorizes jail as a sentence, rather than relying on the intentions of the prosecutor. When asked why the commission isn't trying to adopt that approach, Billings said he's interested in using incremental change and compromise to further justice in the state. 'We are moving in baby steps over at PDS,' he told the committee. The final bill brought by the commission seeks technical amendments to the definitions of 'employed counsel' and 'public defender.' LD 1801 would also make training materials used by the commission confidential in response to concerns that some presenters have raised that their materials could be subject to Freedom of Access Act laws. SUPPORT: YOU MAKE OUR WORK POSSIBLE
Yahoo
23-04-2025
- Politics
- Yahoo
Maine's public defense system gets $3.5M boost, without governor's support
Apr. 23—An emergency law allocating $3.5 million to address Maine's public defense crisis took effect Wednesday without the governor's signature. Maine is struggling to provide legal representation to everyone who has a constitutional right to a court-appointed lawyer if they can't afford one on their own. The situation had grown so dire that a judge in Kennebec County recently ordered that people who have waited longer than two weeks for a lawyer start to be released from jail. In an effort to address the issue, and quickly, state lawmakers passed the emergency spending bill this month, allowing Maine's public defense agency to hire eight new employees, including five public defenders who will help take on more clients whom the state has struggled to represent. The bill also allows judges to pay private lawyers whom they appoint through February 2026, even if they haven't met all of the Maine Commission on Public Defense Services' training and eligibility requirements. These nonrostered attorneys must still have three years of related legal experience, and judges can't appoint anyone who has been suspended by the commission previously. A spokesperson for Gov. Janet Mills' office said she was "disappointed" that the bill did not also require the commission to make bigger changes to its eligibility rules, which she has argued are scaring away qualified attorneys. Rather than veto the bill, she allowed it to become law after 10 days without her signature. "As Governor Mills has said, the Maine Commission on Public Defense Services must make substantive changes to welcome more attorneys before its appropriation is increased yet again," spokesperson Ben Goodman said in an email Wednesday. "The governor was disappointed that LD 1101 did not require these reforms as a condition of additional funding, but she remains willing to work with the Legislature on further initiatives to address Maine's public defense crisis." Barbara Cardone, a spokesperson for the judicial branch, said the court system is preparing to implement the new law by creating a process to track when nonrostered attorneys are appointed to cases. She said the Maine Supreme Judicial Court plans to appoint some of these attorneys to child protective appeals, but couldn't speak to what lower-level judges plan to do. A NEW PLAN Mills previously requested several amendments to the emergency spending bill in March that are not included in the law — including changes to the commission's eligibility requirements and removing union protections for newly hired defenders. A lawmaker said in April that the Judiciary Committee plans to consider her requests in other bills. The commission has disputed that its standards are to blame for the lack of attorneys, arguing that lawyers are more dissuaded by unmanageable caseloads and that there are thousands more cases pending in Maine courts than six years ago, according to data from the judicial branch. Still, commission members plan to discuss their eligibility requirements and the emergency law at their next meeting on April 29, the agency's executive director, Jim Billings, said in an email Wednesday. The commission has begun implementing changes under a new plan it was required to file with Superior Court Justice Michaela Murphy after she found the agency liable for violating these defendants' constitutional rights to counsel. The plan includes reassigning some administrative staff to focus on tracking and finding counsel for unrepresented cases. They will have to pause certain trainings and scale back on how closely they examine vouchers submitted by attorneys who are seeking reimbursement for public defense work. The new plan also suggested offering new incentives for private attorneys to join the commission's rosters, and emergency discussions on altering "perceived barriers" to the application process. DEPLOYING MORE DEFENDERS Commissioners and the American Civil Liberties Union of Maine, which sued the commission more than two years ago, both say a robust system of public defenders is the state's best solution. Maine now has more than two dozen public defenders working throughout the state, the first of whom were hired in late 2022. Maine was the last state to hire public defenders, after previously relying exclusively on private attorneys who are reimbursed by the state. As new public defenders have begun taking on more cases, the number of people statewide who need lawyers has dropped in recent months. As of Wednesday, the state needed lawyers for about 400 criminal cases, according to the commission's executive director. The commission also needs more than 150 lawyers for parents who could lose custody of their children due to alleged abuse or neglect. The commission is waiting on Maine's Bureau of Human Resources to approve most of their job postings before they can start hiring the new emergency public defenders, Billings, the executive director, said Wednesday. The bill pays for five new positions, including five public defenders, two paralegals and an office assistant. The commission's more substantive requests for new staff and funding face a much steeper, uphill battle from lawmakers and the governor, who said in January that she will not propose any new funding for the agency until it relaxes its eligibility requirements. Murphy, who is overseeing the lawsuit by the ACLU, is still deciding if the state supreme court should weigh in on the state's appeal over her order to start releasing defendants who don't have attorneys. Copy the Story Link
Yahoo
11-04-2025
- Politics
- Yahoo
Hancock County probate judge suspended from practicing law
Apr. 11—An attorney and elected probate judge for Hancock County has been suspended from practicing law after failing to prove he's been paying taxes and child support. William Blaisdell was previously placed on probation by the Maine Board of Overseers of the Bar, which regulates attorneys in Maine. The Board opened an investigation into Blaisdell last year after a Belfast judge found him in contempt last year for refusing to comply with court orders. Blaisdell was allowed to continue to practice law, with some supervision, as long as he fully complied with the court orders. But he hasn't done that, according to an order by Superior Justice James Martemucci that was posted Friday. "The Board has already demonstrated, and Blaisdell has agreed, that Blaisdell has committed violations of the Maine Rules of Professional Conduct," Martemucci wrote on April 7. "His non-compliance with the Order of this Court, without cause, demonstrates that Blaisdell threatens imminent injury to the public and to the interests of justice." Martemucci also signed an order appointing two attorneys, Paul Driscoll and Daniel Pileggi, to take over Blaisdell's cases. The suspension means he can no longer do his judicial work. Blaisdell was suspended from overseeing probate court last fall, but was allowed to resume in January. He was also previously barred from accepting cases through the Maine Commission on Public Defense Services, which oversees the representation of defendants who are entitled to a lawyer but can't afford one on their own. Copy the Story Link
Yahoo
03-04-2025
- Politics
- Yahoo
Maine's public defense agency files a plan to solve constitutional crisis
Apr. 3—Maine's public defense agency says it will redirect several employees at its central office who oversee billing and training to instead work on finding lawyers for criminal defendants who have spent weeks or months waiting for an attorney. Superior Court Justice Michaela Murphy had given the Maine Commission on Public Defense Services one month to share how they can increase representation after finding the state agency was violating Mainers' Sixth Amendment rights to representation as part of a lawsuit filed by the American Civil Liberties Union of Maine. (The ACLU said it's still waiting to see if Murphy will find the entire state liable.) Murphy suggested last month that the state's new public defenders, particularly those who are more experienced, should take on more cases. She also criticized the commission for relying on a messy spreadsheet compiled by court clerks, instead of tracking criminal defendants themselves. As of Monday, there were approximately 400 pre-trial criminal defendants who needed an attorney, according to a list maintained by the courts. Roughly 140 had been on the list for more than two months. And at least 70 were in jail, with about 25 having been in custody for more than two weeks. The commission agreed Thursday to reassign some administrative staff to focus on tracking and finding counsel for the state's unrepresented cases. As a result, some training will be placed on hold and staff will "adjust the level of scrutiny given to vouchers" submitted by attorneys seeking reimbursement for public defense work. The new plan also suggested offering new incentives for private attorneys to join the commission's rosters, and emergency discussions on altering "perceived barriers" to the application process. (Some observers, including Gov. Janet Mills, have criticized the commission's caseload limits and eligibility requirements. The commission has previously disputed these are to blame.) Much of the plan included only short-term commitments as the commission hopes to get more funding so it can increase its public defense presence throughout Maine, a state that relied exclusively on private, court-appointed lawyers until 2022. Today, four of the state's five criminal public defense offices are less than a year old and still ramping up. Several counties in the Midcoast and southern Maine still don't have public defenders. RELEASE, DIMISSAL DEADLINES The commission wrote in court records that the number of defendants who need attorneys continues to drop, demonstrating their attention to the crisis. On March 7, when Murphy issued her last order, there were 85 defendants who were in jail and needed lawyers. A month later, only six of those defendants are still in jail without an attorney, the commission stated. The reduction "resulted from the continuing efforts" of their staff and public defenders to representing their clients, the commission wrote. The filing also contains several exhibits, including letters to prosecutors requesting they reevaluate some of the cases that have been languishing the longest and the commission's budget requests. The plan submitted Thursday was part of a larger order issued by Murphy last month. It includes an April 7 hearing, for the judge to lay out her process for releasing anyone from jail who has been unrepresented for at least 14 days, unless the state can find them an attorney within the following week. She said she would drop charges against anyone who has waited more than 60 days for a lawyer (charges could be re-filed when an attorney is available.) The potential release of those defendants has frightened victims' rights advocates, lawmakers and the governor. Civil rights advocates who have been following Maine's crisis from other states say Murphy's deadlines aren't unusual, and similar timelines have been ordered in Oregon and Missouri. "It's not just about funding lawyers to help guilty people get free — it's about funding our system so that the system works in as fair and accurate a way as possible. And that benefits all of us," said Daniel Medwed, a former public defender and professor at Northeastern University's School of Law. EMERGENCY LEGISLATION Meanwhile, lawmakers agreed Thursday afternoon to advance emergency legislation attempting to address the crisis. LD 1101 would allow judges to appoint and pay an attorney who hasn't been approved by the commission — but only if no approved lawyers are available. Lawmakers made several changes to the bill Thursday to address concerns the commission's director raised last month, questioning how these lawyers could be held accountable or paid accurately. The commission's Director Jim Billings said it would be premature for him to comment on the bill before the rest of the Legislature votes on it. The bill now comes with a Feb. 1, 2026, sunset, and also clarifies that these non-rostered lawyers still have to have three years of related experience. Judges also can't appoint and pay anyone who has previously been disqualified by the commission and these attorneys have to use the same reimbursement voucher process as everyone else doing public defense. The same bill includes more than $3 million for the commission to hire five new public defenders and additional support staff. Despite the bill's bipartisan support — it was introduced by Democrats and endorsed by Senate Republican Leader Trey Stewart — the governor has not weighed in on the latest version and has previously opposed the commission's requests for more funding until the organization rolls back its eligibility requirements and caseload limits. The governor's office didn't not respond to an email, seeking her reaction to the amended version of the bill. Copy the Story Link
Yahoo
08-03-2025
- Politics
- Yahoo
Maine to drop charges, release people from jail over public defense failures
Mar. 7—Maine will start releasing people from jail in April if they have waited more than two weeks for a lawyer, a judge ruled Friday. Additionally, charges other than murder will be dropped against anyone who has waited more than two months for a lawyer. Those charges could be brought again once an attorney is available. These unprecedented remedies were ordered by Superior Court Justice Michaela Murphy after she recently found that the state has violated the constitutional rights of hundreds of criminal defendants who are constitutionally entitled to a lawyer because they can't afford one on their own. But before any of this can take place, Murphy is giving the Maine Commission on Public Defense Services, the quasi-state agency in charge of finding lawyers for those who can't afford their own, a month to develop a plan to "provide continuous representation as required by the Sixth Amendment." "The Court cannot and does not expect miracles," Murphy wrote. "The Defendants can only do what is possible. But it is clear that the Defendants have not been prioritizing finding or providing counsel for the incarcerated Plaintiffs ... who are waiting for MCPDS to do just." 'SIGNIFICANT IMPACT' The commission has been locked in a lawsuit since 2022 with the American Civil Liberties Union of Maine. "This is an order that's going to have a very significant impact for this case that's been going on for more than three years," ACLU Chief Counsel Zachary Heiden said in a phone call Friday. "And in that time, the number of people without counsel has grown significantly." Neither the attorney representing the commission, nor its director nor its chair responded to requests on Friday to discuss Murphy's order. Murphy wrote that the public interests in this case are "significant" and include "the public interest in a fair, functional, and stable criminal justice system; the public interest in the protection of the liberty interests for all the citizens of Maine who are charged with crimes punishable by incarceration; and the public interest in ensuring that the presumption of innocence is meaningfully protected against the power of the state through the effective assistance of counsel." View this document on Scribd She has scheduled a hearing for April 7 to meet with the various parties, and to begin considering the case of any entitled defendant who is still in jail without a lawyer. At that hearing, Murphy will order the release of anyone who has been unrepresented for at least 14 days, unless the state can find them an attorney within the following week. They will be released with court-enforced conditions to ensure public safety, she said. Anyone charged with murder will not be eligible. And she will order charges be dropped against anyone who has waited more than 60 days for a lawyer, with the clock starting Friday. Victims' rights advocates are concerned about the possible repercussions of Murphy's ruling, especially those in domestic violence cases. Roughly 26% of the state's unrepresented cases as of Wednesday were DV-related. Andrea Mancuso, policy director for the Maine Coalition to End Domestic Violence, said she finds it unlikely the commission will solve the crisis in the next 30 days when it's failed to do so for several years. "Victims of crime will bear the consequences of that failure," she said. "This is dangerous for victims. More victims of domestic violence will experience the criminal justice system as unable to help them be safe. This was all completely foreseeable." DATA IS CHANGING There were at least 480 criminal cases without an attorney as of Wednesday, according to a list regularly updated by the courts. Roughly 45% of those defendants, in and out of custody, had been on the list for at least two months. About 110 were in jail, and nearly 40% of those people had been waiting at least 14 days. During a meeting on Feb. 27, the commission's director, Jim Billings, said this number was "gross and unacceptable," but that it still pales to the increase in open cases that a dwindling number of defense attorneys have been handling since before the pandemic. There are currently about 6,000 more pending cases than six years ago, according to court data. "Even though we have about six hundred people without a lawyer in the state who are otherwise entitled to a lawyer ... that is 10% of this 6,000 number," Billings said. "Which means that the rostered number of attorneys in our program are carrying 90% of those extra cases. I don't think that gets talked about enough." "It's a wonder that we don't have two or three thousand people unrepresented in our system as it is currently constituted," he said. Some have complained that there aren't enough lawyers taking cases because the commission's eligibility standards are too strict. Gov. Janet Mills has urged the commission to roll back its regulations, which the commission says were put in place to ensure quality representation. The ACLU of Maine's lawsuit has actually been divided into two phases, the second of which relates to effective representation. Murphy plans to address those claims later on. The number of unrepresented defendants has also declined since Murphy heard testimony from the commission in late January. Some say that's a testament to the impact Maine's new public defenders are already having on the crisis. Toby Jandreau is the supervising "district defender" for the Aroostook County office, where there were only 22 unrepresented defendants as of Wednesday, down from roughly 80 in late December. "We're seeing fewer of them," Jandreau said at the meeting. "I think with time, it's going to get better." Defense attorney Robert Ruffner, who represents many of these people temporarily for first appearances, said he's also noticed the decrease. But he doesn't think the commission will suddenly solve a crisis that "has been building for years," and he's sure there will still be people who need to be released or their charges dropped in a month. "I do not expect that the need for this remedy is going to go away, in the next several months," Ruffner said Friday. "And certainly, the fact that the framework is in place should be ample reason for those in power to ensure that we never end up here again." Copy the Story Link
