Indigent Defendants - An Argument for Fully Funding the Maine Commission on Public Defense Services

In 2025, I testified before the Appropriations Committee of the Maine Legislature on behalf of the Maine State Bar Association regarding the State’s biennial budget and funding for the Maine Commission on Public Defense Services (MCPDS).

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At the time of this testimony, Maine was facing a significant public defense shortage. Nearly 1,000 individuals accused of crimes were awaiting appointment of counsel, raising serious concerns regarding the State’s ability to meet its constitutional obligations under the Sixth Amendment.​

 

Maine’s public defense system operates through a combination of public defenders and private assigned counsel. A shortage of available attorneys, combined with pandemic-related backlogs and funding constraints, had resulted in delays in appointing counsel to indigent defendants.

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The proposed 2025–2027 biennial budget projected a $34 million funding shortfall for MCPDS. Without full funding, the backlog of unrepresented defendants was expected to grow, further straining the courts and increasing constitutional risk.

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In my role with the Maine State Bar Association, I advocated for fully funding the Commission to help ensure that Maine meets its constitutional obligation to provide counsel to those who cannot afford representation.

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Addressing the public defense shortage requires cooperation among the Legislature, judiciary, prosecutors, defense counsel, and the broader legal community. Adequate funding, however, is a foundational step in stabilizing the system and protecting constitutional rights.

 

You can watch and listen to my testimony, which is available here​​

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