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, the case has now returned to litigation and has been expanded to include additional defendants and legal claims.
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. (The case is now named Robbins v. State of Maine.) 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. Trial in the first phase of litigation, regarding the crisis of unrepresented defendants, has been scheduled to begin December 9, 2024.
If you’re interested in learning more, read on for a detailed history of the case’s twists and turns.
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 wouldn't happen in June, as previously scheduled.
Summer 2024: Court Allows Expanded Lawsuit to Proceed, Trial Scheduled for December 2024
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.
Our amended lawsuit, filed on May 31, 2024:
- Named the attorney general and the State of Maine as new defendants.
- Updated the factual and legal allegations to address Maine’s worsening crisis. These new allegations focused on the state’s failure to provide attorneys to low-income defendants within a reasonable period after arrest.
- Added unlawful detention (habeas corpus) claims against county sheriffs and the state for unconstitutionally imprisoning indigent defendants without providing counsel.
In June 2024, the Attorney General, the State of Maine, and the Maine Commission on Public Defense Services (formerly the Maine Commission on Indigent Legal Services) asked that the court dismiss the case against them. On August 13, the Kennebec County Superior Court dismissed the Attorney General from the case but allowed the ACLU of Maine to name the ‘State of Maine’ as a defendant, rejecting the state’s claim that it “enjoys absolute immunity.”
The State then filed an appeal asking Maine’s Supreme Court to reverse the lower court decision to add the State as a defendant. In the meantime, we continue to prepare for our trial, which has been scheduled to start December 9, 2024.
