(The Center Square) — Maine’s public defender system will be “dramatically” reshaped under a proposed settlement between the state and civil liberties groups over a lack of support for indigent suspects in the state’s courts.
The deal, which state Superior Court judge Michaela Murphy must still approve, would create a “hybrid” public defense system made up of private lawyers and public defenders who handle cases for low-income defendants, set new standards for attorneys, and will require a “systemwide” review of the system, among other changes.
A lawsuit filed last year against Maine by the American Civil Liberties Union of Maine on behalf of several criminal defendants alleged that the state is violating state and federal constitutions by failing to provide adequate funding to the public defender program or set and enforce standards for attorneys participating in the program.
In legal filings, the ACLU alleged that Maine has “failed in its constitutional and statutory obligation to supervise, administer and fund a system that provides effective representation to indigent defendants throughout the entire criminal legal process.”
The settlement will require reviews of attorneys to ensure that they meet performance standards and determine whether they are providing adequate representation for indigent clients.
“Any attorneys who do not meet performance standards will be provided additional training, supervision, and evaluation or, where appropriate, removed from the roster of counsel available for appointment,” the 60-page document reads.
In a statement, the ACLU said its lawsuit to uphold the right to counsel in Maine takes “a critical step forward” with the proposed settlement.
“Maine has failed low-income people accused of a crime, denying their Sixth Amendment right,” ACLU of Maine’s spokesman Samuel Crankshaw posted on social media. “A person’s freedom should never depend on their wealth.”
Until last year, Maine was the only state with no court-appointed lawyers for criminal defendants who can’t afford representation, a right that is guaranteed under the Sixth Amendment.
The Maine Commission on Indigent Legal Services, which includes eight appointed commissioners, provides access to about 280 private practice lawyers who accept court-appointed criminal cases.
Critics say the agency is chronically underfunded, and a recent watchdog investigation revealed that major felony cases have been assigned to private attorneys that didn’t meet the state’s minimum practice standards.
In 2020, the commission spent more than $16.5 million to hire private attorneys through the program, according to the state Attorney General’s office.
Earlier this year, the state Legislature approved funding to create the state’s first public defender office. The plan calls for hiring five trial-level public defenders, a supervisor and a new deputy director.
