Some of the most shocking violations of civil liberty in the U.S. are currently snowballing out of control in Maine, as the state grapples with a rapidly escalating constitutional criminal law crisis, unlike anywhere else in America.
Over the last year alone, the number of people facing criminal charges in Maine who lack legal representation has skyrocketed by 658%, according to a recent report from the ACLU. Criminal justice reform activists point to this surge as indicative of a deeper systemic issue within the state's legal framework.
The fundamental right of legal representation, essential to maintaining a just U.S. criminal law system, is not merely a suggestion.
The Sixth Amendment to the U.S. Constitution guarantees that anyone facing criminal charges has the right to free legal representation from a state-appointed attorney. This constitutional safeguard is designed to provide a fair trial and ensure justice is served. However, in Maine, this critical protection and the individuals it’s intended to serve are at risk of being utterly disregarded.
The ongoing problem in Maine undermines the foundational principle of criminal law in the U.S.—the presumption of "innocent until proven guilty." The lack of legal representation for so many individuals is a severe miscarriage of justice, disrupting lives and eroding public confidence in the legal system's ability to deliver fair and impartial outcomes.
Based on the growing statistical evidence and the large increase in bipartisan public support for criminal justice reform in recent years, addressing Maine’s criminal legal representation crisis is an important step in restoring the integrity of the U.S. criminal justice system and upholding the constitutional rights of all citizens.
Heed the Call
Ever since a Maine Supreme Court justice warned the state’s legal community of a “crisis” level of unrepresented criminal legal defendants in the state over one year ago, the trend has spiraled out of control, with no immediate remedy in sight.
Chief Justice of the Maine Supreme Judicial Court Valerie Stanfill wrote a letter to the state's seven largest operating law firms in August 2023, requesting immediate legal representation for those unable to afford counsel, The Portland Press Herald reported.
At the time Justice Sanfill wrote her letter, there were 100 unrepresented criminal defendants in Maine.
Today, there are currently 803 individuals facing criminal charges in Maine without the financial means to hire an attorney, depriving them of their constitutional right to legal representation, a crucial component of the justice system that ensures fairness and equality under the law.
Among the 803 individuals, 202 have been incarcerated in Maine's jails and prisons, despite the legal principle that assumes innocence until proven guilty. The denial of legal representation not only violates their rights, but also exposes them to undue hardship and potential injustice while waiting for trial.
A notable point of reference remains: one individual can face multiple cases or charges against them, which may be the cause of the discrepancy between case numbers and defendants.
Catalyst of Crisis
This failure to provide adequate legal resources and representation has several contributing factors, some of which have burdened state officials for years.
One standout issue behind the ongoing crisis is Maine's persistent bout of underfunding and limited staffing of the Commission on Public Defense Services, an independent organization whose mission is to provide timely representation to indigent citizens in need of legal assistance.
The Commission on Public Defense Services is facing a severe shortage of governmental resources that has escalated into the current human rights battle. The struggle to attract and retain qualified, experienced criminal attorneys is cause for alarm.
This may be because Maine's compensation rate for court-appointed attorneys is among the lowest in the nation compared to other states with a more extensive legal population, such as California, New York and Massachusetts.
It's important to note that this monetary contrast is more than a statistic—it’s a significant barrier that prevents the state from compiling a pool of attorneys willing to take on open defense cases. This directly contributes to the ongoing shortage of available legal representation.
With the complexity and sheer volume of criminal cases in Maine, the available legal resources on tap are being spread thin. Without proper funding and legal support, the criminal justice system is unfit to meet the growing demand for defense attorneys.
ACLU Response
The lack of proper legal representation in Maine spells disastrous consequences for criminal defendants, many of which are left in jail awaiting counsel. While being presumed innocent, individuals remain confined in pretrial detention, making it impossible to consult with legal representation or adequately prepare their defense.
According to the Maine sector of the American Civil Liberties Union (ACLU), 144 individuals due for trial were imprisoned as they awaited an attorney. The ACLU report also discovered that 373 defendants were waiting for 30 days or more.
Around that time, legal action was taken to potentially rectify these continued injustices.
In 2022, the ACLU filed a class action lawsuit against the Maine Commission on Public Defense Services, formerly referred to as the Maine Commission on Indigent Legal Services. In Robbins v. State of Maine, the ACLU alleged the state failed to anticipate the growing issue of legal underrepresentation and provide practical assistance to combat it.
The ACLU's ongoing lawsuit against Maine is a significant step forward in holding state and federal government accountable for this legal misstep. In addition to prompting legal action, advocacy groups serve as a tool to raise public awareness around the situation and its severe implications, yet again citing an express need for criminal justice reform in the U.S.
The stories of those affected by the crisis will not go unnoticed by highlighting the events, pressuring policymakers and legislators to enact meaningful change and sparking systemic reforms through public support.
Legal Deserts
Rural communities, in particular, face significant challenges in accessing adequate legal representation, creating so-called legal deserts.
Roughly 1,300 counties in the United States have fewer than 1 attorney per 1,000 residents, with some counties having no attorneys at all, according to a 2020 report from the American Bar Association. This has created a new reality in American life, where residents of rural communities must travel long distances for basic legal services, and attorneys must also travel long distances to provide legal services to those in rural communities.
While public opinion continues to show an overwhelming shift toward supporting national criminal justice reform—78% of likely voters support criminal justice reform, including 2 in 3 Republicans, 87% of Democrats and 82% of Independents, according to a March 2024 report from research firm BSG on behalf of FWD.us—the shortage of rural attorneys stubbornly persists as one of the most pernicious threats to civil liberty in the U.S.
Legal deserts particularly impact rural children and families within the juvenile court system, where the stakes are alarmingly high. There is a significant shortage of attorneys available for juvenile court cases, and those willing or able to take those cases may lack the necessary formal and informal support to effectively advocate in child welfare and youth justice. Many rural communities face a shortage of programs and certifications to equip attorneys with the knowledge and skills needed to serve vulnerable populations.
Without the necessary support, attorneys might choose to avoid juvenile cases altogether in certain rural communities, possibly leading to poorer outcomes for children and families.
The Elusive Solution
To adequately address the daunting legal challenges threatening Maine, immediate crisis response is required on multiple state levels.
In addition to increased funding for state defense services, raising compensation rates for court-appointed attorneys is crucial to incentivize other practicing attorneys to lend their legal expertise to defendants amidst this pending shortage.
Additionally, structural reforms to the state and U.S. criminal justice system are pressing now more than ever. The ongoing crisis can be mitigated by implementing reform measures, such as additional training for public defenders and updated case management systems to streamline an already inefficient process.
Other criminal justice reform measures aimed at addressing legal underrepresentation in the state are already underway, but with little resources, they may crawl for years before they can walk away Maine’s legal underrepresentation crisis.
Maine signed legislation in 2022 authorizing the University of Maine School of Law to establish a legal aid clinic in Fort Kent, a city adjacent to the Canadian border. This initiative, backed by $600,000 in funding, was championed by Senate President Troy Jackson, a Democrat representing Aroostook County, which includes Fort Kent. The bill was met with unanimous support, facing no opposition during testimony.
Funding for the program originated from surplus funds in the judicial budget. If the program extends beyond the initial biennium, this could influence creating future programs elsewhere in the state, Jackson said, The Maine Monitor reported.
Meanwhile, some criminal justice reform advocates assert that addressing the issue of prosecutors as the central problem in legal representation is the only genuine solution to this constitutional crisis at a deeper societal level.
Prosecutors have the authority to determine if an individual should face criminal charges and which specific charges to pursue. This authority can significantly influence incarceration rates, as exemplified by the decision to file severe charges for drug possession when community-based treatment might be more appropriate. Such prosecutorial decisions contribute to the United States holding the distinction of having the largest incarcerated population globally, both in total numbers and in proportion to its population, according to the ACLU.
By opting to prosecute fewer individuals for minor offenses, the burden on Maine's legal system could be significantly alleviated, the ACLU said.
Finding the solution to Maine’s criminal underrepresentation crisis is confounded all the more by the sheer complexity of the issue.
Not everyone in Maine experiences the growing problem in the state equally. Although some counties have a minimal share of the state's population, they account for a significant number of individuals denied their right to legal representation.
In the last six months, Penobscot and Aroostook Counties have consistently reported disproportionately high numbers of unrepresented cases per capita. As of Sept. 23, 2024, Penobscot County, home to just 11% of the state's population and also the state’s third-most populous city of Bangor, is responsible for 30% of these cases.
Elevated prosecution rates also correspond with these disparities.
Aroostook and Penobscot counties lead with the highest prosecution rates, with 4.1 and 3.6 new criminal cases per 100 residents, respectively, the ACLU said in its report. These figures surpass Cumberland County's rate of 2.2 new cases per 100 people by factors of 1.9 and 1.6.
Among the five counties with the highest prosecution rates, four also exhibited the highest rates of individuals lacking legal representation.
Legal Limbo
The current legal crisis unfolding in Maine highlights a critical need for systemic reform within the U.S. criminal justice system. Since 2022, hundreds of defendants are being deprived of their basic constitutional rights under the Sixth Amendment.
Driven by underfunding and longstanding shortages of state-appointed public defense attorneys, this legal misstep underscores the immediate need for action. From increased compensation rates for attorneys to government-backed financial relief, comprehensive solutions are in order.
The compelling statistical trend paints a dire picture of the criminal defense situation unfolding in Maine, and numbers are likely to only increase in the future.
Despite the legal and advocacy efforts of the ACLU and other organizations, who filed litigation against the state in 2022, little has been done to combat this quickly deteriorating situation.
To see real change in the immediate future, in and out-of-state legal professionals, law firms, advocacy groups and state legislators must collaborate to disrupt the crisis before it boils over.
By directly shining a light on these continued injustices through advocacy for structured criminal law reform, the legal community and those contingent on its timely improvement can push for a criminal justice system that truly serves, protects and supports every individual.
