Maine Law Court to Hear Arguments in Landmark Case on Right to Counsel

WHAT:

The Maine Supreme Judicial Court will hear arguments in the state’s appeal of a trial court order requiring it to provide counsel to people who cannot afford their own, as required by the Sixth Amendment. The class action case, Robbins v. State of Maine, began in 2022 and challenges Maine’s widespread denial of counsel to people accused of crimes.

In January 2025, the Kennebec County Superior Court ruled that the state was violating the Sixth Amendment by failing to provide counsel to hundreds of people for weeks and even months. Later that month, the court held a three-day trial in the case. In March, the trial court ruled that the state must provide counsel and create a plan to end the ongoing crisis. It also ordered the state to end the illegal detention of certain people and drop charges, without prejudice, against certain people who had been denied counsel for extended periods. At the time of the trial, there were 991 pending criminal cases with no attorney, and 51 cases had been without counsel for over a year.

The state appealed both rulings to the Law Court in March, and the Law Court paused further proceedings at the trial court in June.

In a brief to the Law Court, the ACLU of Maine notes that the U.S. and Maine Constitutions require states to “provide effective representation through qualified and competent counsel consistent with the federal and state constitutions.” The brief argues that Maine’s “failure to satisfy this charge—first by providing inadequately-supervised lawyers, and later by not providing lawyers at all—led to this litigation.” It asserts that undisputed evidence, including from the state’s own witnesses, “proved beyond cavil that the MCDPS Defendants failed to fulfill” the Sixth Amendment’s guarantee of counsel and violates “well-established Supreme Court precedent.”

In another brief to the Law Court, the ACLU of Maine wrote that “the trial court properly ordered meaningful habeas remedies to address the State’s complete failure to provide counsel to hundreds of indigent criminal defendants as required by the Sixth Amendment.” In appealing the trial court’s order, “the State’s answer—sit tight, continue with the status quo, and maybe things will work themselves out—makes a mockery of the Sixth Amendment’s promise of a fair justice system,” the brief continued.

WHO:

Arguments will be presented by ACLU of Maine Legal Director Carol Garvan and Chief Counsel Zach Heiden.

Co-counsel on the case includes law firms Goodwin Procter and Preti, Flaherty, Beliveau & Pachios.

Attorneys from the ACLU of Maine will be available for comment beginning Wednesday, October 8.

WHEN:

Tuesday, October 7, 2025

The session begins at 9 a.m. This case is scheduled as the second argument, set to begin at 10 a.m. See the full schedule here.

WHERE:

Arguments will take place at a high school as part of the Law Court’s high school sessions.

Upper Kennebec Valley High School
110 Meadow St.
Bingham, Maine 04920

HOW TO LISTEN:

Live audio of the arguments can be accessed via the Maine Judicial Branch website here.