Maine is failing to uphold the Sixth Amendment right to effective assistance of counsel for people who cannot afford their own attorney – so we sued. After extensive settlement negotiations with the state, we are returning to litigation.
The Sixth Amendment to the U.S. Constitution guarantees all people charged with a crime the right to effective assistance of counsel. Maine has failed to uphold that promise and remains the only state in the nation that relies almost entirely on private attorneys for this essential public service. The state provides little oversight and resources, tipping the scales of justice against the people. The current system has failed low-income people accused of a crime in Maine and violated their Sixth Amendment right to effective assistance of counsel. A person’s freedom should never depend on their wealth.
We sued the state in 2022, in Robbins v. Maine Commission on Indigent Legal Services. Since then, the constitutional crisis has only escalated: not only are thousands of people in Maine being denied adequate assistance of counsel, but hundreds of people are not being provided with attorneys at all. The case has now returned to litigation and has been expanded to include additional defendants and legal claims.
July 2022: Class Action Lawsuit
The ACLU of Maine filed this class action lawsuit in state court on behalf of plaintiffs who have been deprived of their constitutional right to the effective assistance of counsel. The court granted the case class-action status in July 2022, allowing our clients to represent a class of thousands of indigent defendants in Maine who are entitled to court-appointed counsel.
The lawsuit alleged that the state’s systemic failures deprive indigent defendants facing criminal proceedings in Maine of their Sixth Amendment right to the effective assistance of counsel. The court rejected the state’s request to dismiss the case. This moved the case forward to pre-trial discovery, allowing us to request written evidence and witness testimony from the state about its indigent defense program.
Fall 2023: Escalating Crisis and Returning to Litigation
Since the lawsuit was originally filed on March 1, 2022, matters have become gravely worse. Not only are thousands of people in Maine being denied adequate assistance of counsel, but hundreds of people are not being provided with attorneys at all.
As a result of this escalating crisis, in March 2024, the court denied the parties’ proposed settlement agreement and ordered the parties to return to litigation on a two-phase schedule. The first phase will focus on whether the state has denied class members the right to counsel by failing to provide them with an attorney. The second phase will focus on the systemic lack of supervision, training, and support that risk leaving people with ineffective assistance of counsel.
Spring 2024: Expanded Claims, Appeal, and Delay
On March 8, we filed an amended lawsuit expanding our claims against the state for denial of the right to counsel. Our amended lawsuit added new facts and legal claims focused on the escalating crisis of people being charged with a crime and then waiting weeks and even months before getting an attorney.
On March 15, the state opposed our motion to expand the lawsuit. Later that same day, the state also filed an appeal asking the Law Court to reverse the court’s order setting the case for trial in June and denying preliminary settlement approval. On May 8, the Law Court denied the state's appeal. The case returned to Kennebec County Superior Court. Due to the state's appeal delaying the case, the trial will not happen in June, as previously scheduled.
May 23, 2024: Court Allows Expanded Lawsuit to Proceed, Trial Expected in Fall
On May 23, the court allowed the ACLU of Maine to name the Attorney General and the State of Maine and sue the state over ineffective assistance of counsel, lack of counsel, and unlawful imprisonment.
The order allowed the ACLU of Maine to:
- Name the attorney general and the State of Maine as new defendants.
- Update the factual and legal allegations to address Maine’s worsening crisis. These new allegations focus on the state’s failure to provide attorneys to low-income defendants within a reasonable period after arrest.
- Proceed on new unlawful detention (habeas corpus) claims against county sheriffs and the state for unconstitutionally imprisoning indigent defendants without providing counsel.
May 31, 2024: New, Expanded Lawsuit Filed
On May 31, we filed an amended lawsuit naming the attorney general as a defendant, updating the factual and legal allegations, and adding new unlawful detention claims against county sheriffs. A new schedule has not been issued, but we expect the trial to begin in the fall of 2024.
In June 2024, the Attorney General, the State of Maine, and the Maine Commission on Public Defense Services (formerly MCILS) asked that the court dismiss the case against them. The court will hear oral argument on the motions to dismiss on July 31, 2024.
