The court will move forward with habeas hearings to release people who have been jailed or charged and denied counsel as the state appeals to Maine’s highest court.
PORTLAND – The Kennebec County Superior Court last week ruled it will proceed with hearings to consider releasing people who have been jailed and denied counsel for over 14 days or charged and denied counsel for over 60 days. Charges could be brought again once the state can provide an attorney. The order denied the state’s request to pause the hearings as it appeals to the Maine Supreme Judicial Court.
“This order shows the court recognizes the urgency of this crisis because no person should be incarcerated or dragged through months of criminal legal proceedings without an attorney,” said ACLU of Maine Legal Director Carol Garvan. “The court’s decision underscores the importance of habeas corpus protections, which entitle people to a speedy process to challenge unlawful restraints on their liberty. Any time the state chooses to restrict a person’s freedom, it is the state’s responsibility to ensure a fair and speedy process. That constitutional requirement cannot be indefinitely put on hold because the state has filed an appeal.”
“The court’s plan is a serious remedy to address an egregious problem, but it is not a new or radical idea,” continued Garvan. “21 years ago, Massachusetts’ highest court ordered similar action to uphold people’s Sixth Amendment rights. Similarly, a federal court in Oregon ordered that people be released from incarceration after 7 days without counsel. A fair process is the basis of our legal system and serves all: the accused, crime victims, and the public. Our legal system should uncover the truth so the innocent can be free and clear their names, victims can seek justice, and the public can be informed. But none of that can happen unless people accused of crimes have an attorney."
The court has made several advancements in the case throughout 2025:
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January 3, 2025: The superior court ruled the State of Maine is violating the Sixth Amendment rights of hundreds of people by failing to provide attorneys to people charged with a crime.
- January 22-25, 2025: The state and ACLU of Maine presented arguments for addressing the crisis during a three-day bench trial.
- March 7, 2025: The court ordered the state to provide legal counsel to people charged with a crime who cannot afford their own attorney and for the state to create a plan to end this ongoing constitutional crisis. It also stated it would begin habeas proceedings to consider releasing people and dismissing charges against people who have been denied counsel for an extended period.
- March 27, 2025: The state appealed and asked the court to pause habeas proceedings pending appeal.
- May 7, 2025: After considering legal arguments from the state and ACLU of Maine, the court decided to move forward with habeas proceedings while the state appeals.
The plaintiffs are represented by ACLU of Maine, Goodwin Procter, and Preti, Flaherty, Beliveau, and Pachios.
Read the court's order here or in the PDF at the bottom of this page.
