Court Orders Maine to Provide Counsel and Create Plan to End Constitutional Crisis

A superior court has ordered the state to uphold people’s Sixth Amendment right to counsel and establish a plan to end the crisis.

The Kennebec County Superior Court today ruled that the state must provide legal counsel to people charged with a crime who cannot afford their own attorney. It also ordered the state to create a plan to end this ongoing constitutional crisis. The class action case, Robbins v. State of Maine, was brought in 2022 by the ACLU of Maine, Goodwin Procter, LLP, and Preti, Flaherty, Beliveau, and Pachios, LLP.

• The Maine Commission on Public Defense Services (MCPDS) has failed to provide counsel “in violation of the Sixth Amendment to the United States Constitution.” The court wrote the ACLU of Maine "produced credible and compelling evidence of irreparable harm caused by the MCPDS Defendants’ failure to provide continuous representation at all critical stages of the criminal process.”
• MCPDS must provide continuous legal representation to people charged with a crime and present a plan to the court on how it will do so by April 3, 2025.
• The state must end the illegal detention of people who have been incarcerated for more than 14 days after their initial appearance or arraignment. No person should be incarcerated pretrial – when they are presumed innocent – without their right to counsel.
• The state must dismiss charges, without prejudice, against people who have been denied counsel for more than 60 days after their initial appearance or arraignment. The charges could be brought again once MCPDS is able to provide counsel.

A fair and transparent process is best for the accused, for victims of crime, and the public. As the court wrote, “the public interests in providing the relief requested are significant. They would include the public interest in a fair, functional, and stable criminal justice system; the public interest in the protection of the liberty interests for all the citizens of Maine who are charged with crimes punishable by incarceration; and the public interest in ensuring that the presumption of innocence is meaningfully protected against the power of the State through the effective assistance of counsel.”

“This order is a landmark in the years-long struggle to require the State of Maine to live up to its constitutional obligations,” said ACLU of Maine Chief Counsel Zach Heiden. “Access to justice should not depend on how much money a person has. If you can’t afford an attorney, the state is required to provide one for you. This order brings us closer to making that promise a reality for the people of Maine.”

The court has scheduled a hearing for April 7 for the defendants to respond to its order. Today’s order follows a three-day trial that began on January 22, 2025.

The plaintiffs are represented by Carol Garvan, Zach Heiden, Anahita Sotoohi, and Heather Zimmerman of the ACLU of Maine; Matt Warner and Alexandra Harriman of Preti, Flaherty, Beliveau, and Pachios, LLP; and Kevin Martin, Jordan Bock, and Samantha Jandl of Goodwin Procter, LLP.

Read the court's order here or in the PDF at the bottom of this page.