The ACLU is pushing for the release of inmates awaiting legal counsel in Maine, citing constitutional rights violations.
Augusta: The ACLU of Maine is making waves after a judge found the state guilty of not providing legal counsel to those who can’t afford it. They’re arguing that people should be let out of jail while waiting for their state-appointed lawyers.
This all started when the Kennebec County Superior Court ruled that Maine violated the Sixth Amendment by not offering legal representation to those in need. The court will hear more from both the state and the ACLU later this month to figure out how to fix this issue.
The ACLU has some ideas, like releasing people from jail if they can’t get an attorney in time. They also want the Maine Commission on Public Defense Services to ensure that defendants have continuous representation from their first court appearance onward.
Zach Heiden, the chief counsel for the ACLU of Maine, said they hope the court will recognize that people are innocent until proven guilty and shouldn’t be stuck in jail just because the government can’t provide a lawyer.
The state has a week to respond with their own solutions. The ACLU first filed this lawsuit back in 2022, and since then, the number of people waiting for state-appointed attorneys has skyrocketed from 106 to 930.
Out of those 930, at least 115 are currently in custody, waiting for legal help. After the recent ruling, the ACLU asked the court to consider releasing non-convicted individuals from detention a week after their first court appearance. If no attorney is provided within 45 days, they want the court to think about dismissing the charges, with the option to refile them later.
While some worry about public safety if these individuals are released, Heiden believes there are ways to set conditions for their release. The ACLU argues that the government hasn’t proven that letting these people go would pose a significant threat to community safety.
In 2022, the state hired its first five public defenders, and in March 2023, new laws added more offices and positions. But Heiden says it’s still not enough to meet the growing demand for legal representation.
People stuck waiting for an attorney can’t negotiate bail or prepare for their trials, which the lawsuit claims is a failure on Maine’s part. The ACLU is asking the court to require a written plan from the Maine Commission on Public Defense Services on how they’ll provide the necessary legal services.
The state has until January 20 to respond with potential solutions, and then a three-day hearing will kick off on January 22 to discuss both sides.
