A superior court ruled in our favor, ordering Maine to uphold people’s Sixth Amendment right to counsel and establish a plan to end the ongoing crisis.

In April 2019, the Sixth Amendment Center issued a devastating report on public defense in Maine. The Constitution requires states to provide attorneys to people who have been charged with a crime and cannot afford their own.  If you’ve ever seen a movie or TV show involving the police, you probably know that already. The Sixth Amendment Center’s report said Maine was not meeting its obligations under the Constitution and that things would only get worse if the state didn’t make serious changes.

At the time, Maine was the only state in the country without a public defender system. Every other state relied on public defender offices, along with private attorneys, to meet the requirements of the Sixth Amendment; Maine alone relied solely on private attorneys.

The Supreme Court recognized more than sixty years ago in Gideon that “any person haled into court, who is too poor to hire a lawyer, cannot be assured a fair trial unless counsel is provided for him.” It is our job as advocates to make sure that longstanding commitments to justice are never dismissed or forgotten.

At the ACLU of Maine, we recognized that this was one of the most important constitutional issues facing the people of our state because it created a two-tiered system of justice: one for the rich and one for the poor. As of early January, there were 991 pending criminal cases with no attorney, and 51 cases had been without counsel for over a year.

For three years, we tried to convince the state to fix things. That advocacy didn’t lead to change, so we took the state to court. On March 1, 2022, we filed suit to force the state to live up to its obligations under the Constitution.

Today, just past the lawsuit’s three-year anniversary, the Kennebec County Superior Court ordered the state to fix its right to counsel system. It has taken thousands of hours of legal work from the entire team at the ACLU of Maine, as well as brilliant and dedicated pro bono counsel from Preti Flaherty and Goodwin Procter. Throughout the process, we were inspired by the commitment of our clients. Despite the difficulties in their lives, they were committed to making sure that what happened to them did not happen to anyone else.

The court today ordered the state to develop a plan for ensuring that people accused of crimes have lawyers, starting from when charges are formalized and continuing until the case is resolved. If the state can’t develop and implement a plan, the court is going to order people released from jail and order that charges be dismissed. This is a very serious remedy designed to address an extremely serious problem. No person should be incarcerated or dragged through months of criminal legal proceedings or have charges hanging over their head without the right to counsel. 

This is not a new or radical idea. 21 years ago, Massachusetts’ highest court ordered similar action to address the immediate crisis and uphold people’s Sixth Amendment rights. Similarly, a federal court in Oregon ordered that people be released from incarceration after 7 days without counsel. 

As the court noted today, “The Plaintiffs in this case have not been convicted of the crimes for which they are charged. Each of them is still presumed to be innocent under the Maine and United States Constitutions. And yet many of them remain in custody, without counsel.” It is a situation that should be intolerable to everyone in Maine. We fervently hope that today’s decision brings us closer to a solution. 

It was another busy week at the ACLU of Maine as we received a ruling on the Robbins v. State of Maine case, testified on the right to a speedy trial, sent a letter of support to Maine universities, and shared Know Your Rights information to local immigrant communities. Catch up on just a few of this week’s highlights below.

VICTORY: Court Orders Maine to Provide Attorneys to People Who Cannot Afford Their Own, Create Plan to End Constitutional Crisis

The Kennebec Superior Court ruled on Friday that Maine must provide counsel to people charged with a crime who cannot afford a lawyer, and the state must create a plan to end widespread violations of the Sixth Amendment. The ruling follows a three-day trial that began on January 22, 2025, at which the ACLU of Maine presented proposed remedies to this constitutional crisis.

 

This landmark ruling comes a little over 3 years after the ACLU of Maine first filed the suit in an effort to get the state to live up to its Sixth Amendment obligations. As of early January, 991 pending criminal cases had no attorney, and 51 cases had been without counsel for over a year. Access to justice should not depend on how much money a person has. If you can’t afford an attorney, the state is required to provide one for you. This order brings us closer to making that promise a reality for the people of Maine.

Learn more about this order and what it means for Maine here, the full history of the case here, and our press release here.

 The ACLU of Maine Testifies for the Right to a Speedy Trial

On Monday, we were in Augusta to testify in support of one of our top legislative priorities for 2025. LD 340 would enforce the right to a speedy trial. Maine is one of just seven states that does not have a clear and enforceable timeline for bringing a person to trial. This means hundreds of people throughout Maine languish in jails, waiting years for their day in court. It also means victims of crimes are waiting years to see justice, and the court backlog continues to grow. When criminal trials are delayed, everyone loses.

 

LD 340 would uphold the right to a speedy trial by establishing specific trial deadlines -- within six to 24 months, depending on the class of the crime. Carol Garvan, our legal director, delivered our testimony and answered questions from lawmakers on the judiciary committee.

"The Maine and U.S. Constitutions guarantee a fair process to every person accused of crimes," Garvan said. "Maine should join the 43 other states, and the federal government, in adopting a speedy trial law with specific timelines to ensure that the criminal process is fair and efficient."

In the coming weeks, the committee will hold a work session and vote on the bill. You can read our testimony here. Click below to add your name asking the committee to vote yes on LD 340.

Ask lawmakers to support LD 340

After Trump Threats, ACLU of Maine Sends Letter of Support to Public Universities Urging Leaders to Protect Free Speech on Campus

On Thursday, the ACLU of Maine sent a letter of support to the University of Maine system offering guidance for leaders to protect academic freedom and equal access to education in the face of threats from the Trump administration. 

The letter follows statements from the federal government and two recent executive orders that attempt to pressure university officials to target immigrant and international students, faculty, and staff, including holders of non-immigrant visas and lawful permanent residents or others on a path to U.S. citizenship, for exercising their First Amendment rights while on campus. 

“It is disturbing to see the White House threatening freedom of speech and academic freedom on U.S. college campuses so blatantly. We stand in solidarity with university leaders in their commitment to free speech, open debate, and peaceful dissent on campus,” said Cecillia Wang, the national legal director of the ACLU and co-author of the letter. 

Read more and see the letter here. Add your name to our petition urging university leaders to protect free speech.

Know Your Rights in the Community

Late last week, part of our legal team attended a Know Your Rights workshop organized by the University of Maine School of Law's Refugee and Human Rights Clinic. The program was designed to offer a range of relevant legal information and support from local organizations to the immigrant community. ACLU of Maine legal fellow Heather Zimmerman and paralegal Nell Shea shared information about individual rights when interacting with ICE, including helping to ensure that people know their constitutional rights while present in the US. They also shared the legal and visual differences between different types of warrants.

Our Know Your Rights resource library continues to grow. This week, we added a Know Your Rights checklist for places of worship and other resources for people who work in health care centers, schools, and homeless shelters. See all of our Know Your Rights resources here – including printable materials, sample social media posts so you can help spread the word, multilingual videos, and more.

Know your rights

Relevant Reads:

Stay up to date on civil liberties news throughout the state.

• Portland Press Herald: Maine lawmakers once again weigh creating trial deadlines in criminal cases
• Maine Morning Star: Maine was found guilty of violating Title IX. What does that mean, and what happens next?

• Bangor Daily News: Maine must release people from jail, drop charges if no lawyer available, justice rules

• Maine Public: ACLU and other advocates sue to block migrants from being sent to Guantánamo Bay

• Maine Morning Star: Transgender Mainers can still choose gender identity on Maine IDs

• Maine Public: UMaine students hold Pro-Palestine protest despite threats from President Donald Trump