A Superior Court Justice today said she believes a state commission has made progress in solving chronic problems in its indigent legal defense system, but did not issue a finding in the court challenge brought by the American Civil Liberties Union of Maine.
And now that the state has appealed the case to the state Supreme Court, questions are being raised about the fate of some criminal defendants who have been waiting weeks for legal representation.
Kennebec County Superior Court Justice Michaela Murphy is in the process of deciding whether the Maine Commission on Public Defense Services has made sufficient progress in providing attorneys to criminal defendants who cannot afford them.
The commission filed a report last week outlining a plan to reduce the backlog of cases, and Murphy said she's happy to see that a number of steps have already been taken.
"So I just want to say that I very much appreciate the plan that was filed," she said. "It certainly appears, on the face of it that progress has been made in finding counsel for people."
In a court order last month, Murphy ruled that if the commission failed to provide a workable plan , she would order criminal defendants who've waited for more than two weeks For an attorney to be released from jail starting this month. And if a defendant is without counsel for more than 60 days, the charges against them will be dropped.
But the commission and the State of Maine have since appealed that ruling to the state Supreme Court, leaving Murphy to decide whether to enforce her order while the appeal is still pending.
Carol Garvan is an attorney for the ACLU of Maine, which filed the lawsuit against the state more than two years ago. She said defendants should not have to wait for the appeal.
"Given the urgency of the situation, we think it would be very harmful for all of the subclass members to put everything on hold pending an appeal," Garvan said.
Attorneys for the commission and the state argue that Murphy's order should not go forward until the Supreme Court decides the appeal.
If it is enforced, defendants who have been held for more than two weeks will have an individual hearing on their situation, which has raised some logistical concerns for sheriff's departments around the state.
They say they may not have the staffing or vehicles to bring defendants to the different courts, and requested that Murphy consider holding the hearings over zoom, which she said she would be open to.
"I am very aware of the limitations of the resources within amongst the counties," Murphy said. "And I will certainly do everything possible if it means I'm driving a lot, and the sheriffs are not I am prepared to do that."
As for the commission's report, Garvan said while progress has been made in the last month finding defendants legal representation, it's not clear whether the system has been improved to meet ongoing needs.
Murphy said she will take all arguments into consideration as she considers a ruling on the issue. The Supreme Court has not yet scheduled oral arguments for the appeal.
