Advocate  

Earlier this year, I advocated on behalf of the Maine State Bar Association to the appropriations committee of the Maine Legislature regarding the state's biennial budget. 

For those who are not aware, Maine is in the midst of a constitutional crisis as it has been unable to assign counsel to all indigent defendants in a timely manner, which is a right provided by the 6th Amendment of the Constitution. 

To help clarify the need for additional funding and provide details that help define the current state of the crisis, I testified on behalf of the MSBA to advocate fully funding Maine's Commission on Public Defense Services as the current budget proposal would lead to a $34 million deficit in funding over the next two years.  

Why is this important?
If we do not fully fund the Commission, we will exacerbate the problem that we are already facing (see detailed documents below).
 

Maine’s public defense system is in crisis and right now, nearly 1,000 people accused of crimes don’t have lawyers to represent them. The backlog of cases has grown since the pandemic, and a recent court ruling found that Maine is violating the constitutional rights of these defendants.
 

The state’s system for providing legal defense to those who can’t afford it—through a mix of public defenders and private attorneys—is struggling because there aren’t enough lawyers to take on these cases.
 

The problem is made worse by funding shortfalls. The proposed biennial budget for 2025-2027 would leave the Maine Commission on Public Defense Services (MCPDS) underfunded by $34 million dollars. Without adequate funds to pay for attorneys to represent indigent defendants, many more accused defendants will be denied their right to counsel, which will further exacerbate the ongoing constitutional crisis.
 

Solving this issue will take time and cooperation from multiple stakeholders, including the courts, prosecutors, lawmakers, and the legal community. However, at a minimum, the Legislature needs to fully fund the Maine Commission on Public Defense Services to ensure that the State of Maine can provide counsel to all indigent defendants, a right that is enshrined in the 6th Amendment of the US Constitution.

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