Testimony continued today in the trial over Maine's failure to provide adequate and timely legal representation to low-income defendants.
Officials from the Maine Commission on Public Defense Services testified about plans to expand public defender offices, and the challenges in securing funding and hiring attorneys.
But Superior Court Justice Michaela Murphy questioned why these attorneys are allowed to pick and choose cases, just as private attorneys do.
"I don't understand why district defenders, who are the most seasoned attorneys probably in the state, I assume that's one of the reasons they were selected, are not increasing their capacity given the emergency," she said.
Murphy emphasized her concerns about defendants who are in custody and do not have a lawyer.
"But the people who are locked up, to me that is just beyond unacceptable, and I would think everybody in this courtroom would agree with that, and that, to me, would be the priority that I would ask you to think about," she said.
The trial is expected to conclude tomorrow in Kennebec County Superior Court in Augusta.
Since the ACLU of Maine filed the lawsuit against the state more than two years ago, Murphy has rejected two proposed settlements, and this month ruled the state is failing to meet its constitutional obligations.
