We're presenting arguments on how Maine can end widespread Sixth Amendment violations. When the state chooses to charge a person with a crime, it is the state's responsibility to provide effective assistance of counsel to all who cannot afford their own.
WHAT:
The ACLU of Maine today will begin arguments in a three-day bench trial concerning potential solutions to the state’s widespread Sixth Amendment violations. Earlier this month, the Kennebec County Superior Court ruled the State of Maine is violating the Sixth Amendment rights of hundreds of people by failing to provide attorneys to people charged with a crime.
The ACLU of Maine will ask the court to:
- declare the Maine Commission on Public Defense Services (MCPDS) is violating the Sixth Amendment
- order MCPDS to provide counsel from the time a person is charged through all stages of the criminal process, including plea negotiations, bail hearings, and pretrial investigation
- provide MCPDS with 30 days to develop detailed plans to meet its Sixth Amendment obligations
Additionally, the ACLU of Maine will argue that if the state does not fulfill a person’s right to counsel within seven days, the person should be released from jail. The habeas corpus clause of the Constitution protects people from illegal restrictions on their liberty, therefore no person should be incarcerated without their most basic right to counsel. Last, the organization will argue that if the state fails to provide a person with counsel within 45 days, the case should be dismissed without prejudice, meaning the case could be brought again when counsel is available.
The trial will begin with pre-trial motions and scheduling matters before moving into arguments and evidence about solutions to this crisis. The case began in 2022 with a class action lawsuit brought by the ACLU of Maine, Goodwin Procter LLP, and Preti, Flaherty, Beliveau & Pachios, LLP.
WHO:
Attorneys arguing on behalf of the ACLU of Maine include:
- Carol Garvan, ACLU of Maine Legal Director
- Zachary Heiden, ACLU of Maine Chief Counsel
Please contact Samuel Crankshaw ([email protected]) for questions and interviews.
WHEN:
Wednesday, January 22, 8:30 a.m. – Friday, January 24
WHERE:
Kennebec County Superior Court, 1 Court Street, Augusta, ME 04330
Media can request access via Zoom by calling (207) 213-2800.
