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Criminal Justice

Should defendants without court-appointed lawyers be released? Should charges be dropped? Judge weighs remedies

By Debra Cassens Weiss

January 27, 2025, 3:06 pm CST

A Maine judge is considering how to remedy the state’s failure to provide lawyers to indigent defendants on a timely basis.

The American Civil Liberties Union of Maine is urging Judge Michaela Murphy of Kennebec County, Maine, to order the Maine Commission on Public Defender Services to provide counsel from the time that a defendant is charged. Murphy should give the organization 30 days to come up with an implementation plan, the ACLU said.

Defendants without a court-appointed lawyer after seven days should be released from jail, and those without a lawyer after 45 days should have their charges dismissed until a defense lawyer is available, the ACLU argued.

The Portland Press Herald (in stories here, here and here) and Maine Public Radio have coverage.

Murphy ruled Jan. 3 that Maine is violating the Sixth Amendment rights of criminal defendants who remain unrepresented after arraignment or first appearances. The judge had a three-day hearing focusing on remedies that ended Friday.

The state is arguing that remedies for the late appointment of a lawyer could be handled on an individual basis.

When Maine adopted a full-time public defender system in 2022, it was the last state to do so. But the state still has a hybrid system in which it relies on private attorneys to handle much of the work, the Portland Press Herald explains. The state also has a “lawyer of the day” program in which temporary lawyers represent defendants for their first court appearance when a permanent lawyer can’t be found.

In testimony on remedies, Walter McKee, an experienced criminal defense lawyer, said it was important to have permanent legal representation early in the case, according to Portland Press Herald.

“These are processes that are important to be dealt with, right from Day 1,” McKee said. “Law enforcement has had a significant amount of time to investigate and follow up. They’re way ahead of the defendant. Those delays are significant, right from the start.”

The ACLU case is State of Maine v. Robbins.

See also:

Defenseless: Lack of public defenders creates a crisis for indigent clients and increased caseloads for lawyers

Federal judge orders release of county’s unrepresented defendants, says problem is ‘complete tragedy’

Citing ‘Sixth Amendment nightmare,’ 9th Circuit allows pretrial release of defendants without lawyers

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